FAQ on Void of Warranty – Feedback by Users
1) Original claim to Void User’s Warranty for using Nippon-ink cartridge and/or Refill ink purchase from the open market.
A1) The original has no right to void any User Warranty unless otherwise proven with supporting evidences and finding that the respective Nippon-ink cartridge and/or refill ink causes the printer malfunction and/or damages instead of general statement. For more detail explanation refer to Original void warranty issue and Warranty terms and conditions on Nippon-ink’s web.
2) What happen if the Original insist to void the user’s warranty without giving any explanation and/or refuse to state it in writing instead of verbal only?
A2) In case User has any Fear, Uncertainties and Doubts, please contact, check, clarify, verify and confirm with Consumer Association of Singapore (CASE) at 170 Ghim Moh Road #05-01 Ulu Pandan Community Building Singapore 279621, CASE Consumer Hotline - 6463-1811 or Ministry of Tade and Industries (MTI) at 100 High Street #09-01 The Treasury Singapore 179434, Tel : 6225-9911, Fax : 6332-7260, Email : firstname.lastname@example.org or Competition of Commission of Singapore (CCS) at 5 Maxwell Road #13-01 Tower Block MND Complex Singapore 069110, Tel: 63258200; Fax: 62246929; Internet Website: http://www.ccs.gov.sg Email Address: CCS_feedback@ccs.gov.sg
3) The Original claim that the warning statement was on Warranty card, on the Web, Machine Carton Box, Machine Label etc did specify clearly before the User purchase the products therefore the Original has the Rights to Void the User’s Warranty.
A3) Under the Common Laws the Original has the Rights but by tying Consumable into the Warranty Contract might breach the Anti-Competition Acts 2004 in monopolize the market share, fix at high price and prevent, restrict, distort and stop others from competing in the open market. Such action might breach the Anti-Competition Acts 2004 under Division 2 Section 34 Clause 1 to 5 and Division 3 Section 47 Clause 1 to 3. User needs to aware that under International Standard all consumables are not cover by Warranty. Eventually the original has no rights to tie in the consumable into the warranty contract of the products. Such breaches, like the Anti-Trust Laws in USA and Europe. User has the right to launch the complaint to MTI (Ministry of Trade & Industries) and/or CCS and claim against the Original for such unfair and unreasonable action and behavior. Let the Government Authority to decide and take legal action against the Original on the User behalf.
4) Lately the Original change their strategy and action by insisting that User must pay for the Retail Price of the Cartridges and/or the Analysis Report Finding (Fix Price, estimated around $22) even under warranty period before any repair been done.
A4) In such case User has the right to complaint to CASE and/or CCS for investigation and action because it optional to purchase the consumable. The original has no rights to insist because such extra cost was not stated inside the Warranty Terms and Conditions and nothing mentioned before the purchase of the product until User sends in for repair. User has the right to choose not to pay and insist the original to repair as per the Warranty Terms and Conditions specified. Any grievance let the Government Authority to investigate, rectify, remedy and decide what action to be taken. Does not be “Bully” and “Push around” by the Service Centre personnel with it excuses. Be firm and steadfast in your decision.
5) Original claims that the Print Head was damage by Nippon-ink Cartridges and/or Refill Ink Solution.
A5) User need to understand the actual “Root Cause” – How, Where, What, Why and Who are responsible and in contact before deriving the Final Conclusion. The 3 main components involved are the Ink Cartridge (plug into) the Cartridge Holder (Container) and the Print Head (Fire the Ink out from the respective outlets) located below the Cartridge Holder or below the cartridge directly. It depends on the type of printer brands, model and cartridge design. The 3 Main Components involved and the Findings are as follow:
a) Ink Cartridge – Storage device of the Ink solution to allow ink to flow into the Print Head.
b) Cartridge Holder – Act, as container for ink cartridge to be installed and the Print Head might be located below the Holder or at the cartridge directly.
c) Print Head – to fire the ink out from the respective outlets. It has wiper to clean the dirt from the nozzle and a cap to prevent the nozzle from leak and ink dried up upon expose when not in use inclusive other various safety features been incorporated in the patent design of the component by the respective printer manufacturer. There is no 100% guarantee that the features incorporated will not leak and clog the print head. Eventually using 100% original will still encounter similar print head clog problem, Why?
d) How it Work? – Base on negative pressure on the Ink cartridge storage device to push out the ink into the Print Head and the heating element will fire the ink out from the respective outlets to print onto the paper media.
e) Where are they located? – For Brother and Epson printer model the Print Head is Built-in inside the printer whereas for HP and Lexmark the Print Head is on the cartridge. For Canon design the Print Head is on the detachable Holder that is more User-Friendliness.
f) What is the Cause? – Most of the dirt comes from the Paper Media especially when the user uses normal A4 paper. To proof the case, let do a simple Experiment – Use a cloth to wipe every single sheet of normal A4 paper for at least 25 sheets. You can find dirt fibers on your cloth, Why? Imagine when the Print Head wipe from Left to Right and from Top to Bottom. How much dirt been accumulated? Can you clear it physically? Therefore such waste discharge needs to be clear after certain period of usage. Eventually you might encounter message “Waste Discharge Full” or “End of Life” and/or Print Head Clog (once dried and harden). In such situation can the Original Void the User Warranty and blame Nippon-ink Cartridge and/or Refill for causing the damages?
g) Why should Nippon-ink cartridge and/or Refill Ink Supplier be responsible for the Print Head Clog and/or Machine Malfunction? – For your information even when user using 100% Original cartridge it still clog. Why? This indicates that the Print Head clog has nothing to do with the Ink Cartridge unless otherwise proven with supporting evidences and findings. Example, will a car engine damage if User use different type of brand of petrol. Which Car Manufacturer will tie in with Petrol Companies under the Warranty Contract and void User for not following the instruction stated on the contract? From the above example given, is it fair, reasonable, logical, ethical and/or legally above board for Original to Void User Warranty for using Nippon-ink cartridge and/or Refill Ink solution?
h) Who should be responsible? – The Print Head design belongs to Original and it supply by Original under it patent design and technology. While the Root cause is from others means therefore the Original should be responsible under the Warranty Terms and Conditions. The Original has no rights to Void and push away the responsibility and liability to Nippon-ink cartridge supplier by stating general remarks without proper supporting proof and evidences in the findings and investigation.
6) For User’s Reference, own Case Study and Finding - to understand the situation better.
A6) Refer to Inkjet printer from Wikipedia from the free Encyclopedia – Cleaning Mechanisms stated below (Quoted):
The primary cause of inkjet printing problems is due to ink drying on the printhead's nozzles, causing the pigments and dyes to dry out and form a solid block of hardened mass that plugs the microscopic ink passageways. Most printers attempt to prevent this drying from occurring by covering the printhead nozzles with a rubber cap when the printer is not in use. Abrupt power losses, or unplugging the printer before it has capped the printhead, can cause the print head to be left in an uncapped state. Further even when capped this seal is not perfect, and over a period of several weeks the moisture can still seep out, causing the ink to dry and harden. Once ink begins to collect and harden drop volume can be affected, drop trajectory can change, or the nozzle can fail to jet ink completely.
To combat this drying, nearly all inkjet printers include a mechanism to reapply moisture to the printhead. Typically there is no separate supply of pure ink-free solvent available to do this job, and so instead the ink itself is used to remoisten the printhead. The printer attempts to fire all nozzles at once, and as the ink sprays out, some of it will wick across the printhead to the dry channels and partially softens the hardened ink. After spraying, a rubber wiper blade is swept across the printhead to spread the moisture evenly across the printhead, and the jets are again all fired to dislodge any ink clumps blocking the channels.
There is a second type of ink drying that most printers are unable to prevent. In order for ink to spray out of the cartridge, air needs to enter somewhere to displace the removed ink. The air enters via an extremely long, thin labyrinth tube, up to 10 cm long, wrapping back and forth across the ink tank. The channel is long and narrow to slow down moisture from evaporating out through the vent tube, but some evaporation still occurs and eventually the ink cartridge dries up from the inside out. (Unquote).
Message extracted on 15 December 2008 from URL: http://www.answers.com/topic/ink-jet-printer
It is the duty and responsibility of the printer manufacturer to explain and highlight such information on it Manual instruction. In order to guide, teach and prevent it instead of pushing the blame on Nippon-ink cartridges. Worst by Voiding User Warranty as an excuse. Is such action legally above board, ethical and professional?
7) Some news reported on the web that happened in USA and in Europe for your reference and understanding only.
a) Epson Inkjet Settlement Award Delayed – dated on January 21, 2007, By Heidi Turner. Extracted from Lawyers and Settlement.com (Quoted):
The appeal came in response to a settlement between consumers and Epson America, Inc. (EAI) involving early shutdown of Epson's ink cartridges. Plaintiffs alleged that Epson Inkjet cartridges were specifically designed to indicate that they are "empty" when in fact ink still remains in the cartridge. When the cartridge indicates that it is empty the printer function is suspended and will not work again until a full cartridge is inserted.
The settlement allows members of the lawsuit to receive either a $45 credit to be used at the Epson E-Store, a combination of $25 check and a $20 Epson E-store credit, or a discount of 25% off Epson E-Store purchases for a total discount of up to $100. All settlement benefits are offered to customers on a per-printer basis. Epson will also pay attorney's fees and any additional benefits that the court deems appropriate.
Despite offering credits to its customers, Epson is not required to change its cartridge software and technology to reflect the actual level of ink in the cartridges. Rather, Epson will include a note on its packaging that each cartridge includes an ink safety reserve and will provide literature that explains why ink safety reserves are necessary for ink cartridges.
The lawsuit was filed in California and other state courts claiming Epson committed several offences including breach of contract, breach of implied warranties, unjust enrichment, and fraudulent concealment. Epson America, Inc. denies any wrongdoing but decided to settle the lawsuit to avoid the cost of litigation.
In order to be included in the lawsuit, claimants had to have purchased, leased, or otherwise received Epson Inkjet Printers between April 8, 1999 and May 8, 2006.
Epson is not the only company to come under fire for printers that shut down before the cartridge is actually empty. Other companies include Hewlett Packard (HP), Lexmark, Canon, Dell, and Brother. In 2002, Lexmark faced a class action lawsuit claiming that they forced consumers to use only their ink.
Other problems with inkjet printers include a "killer chip" that prevents re-manufacturers from making compatible cartridges and expiry dates on cartridges requiring that they be replaced even if they have never been used. (Unquote)
Extracted from the web dated 15 December 2008 at URL: http://www.lawyersandsettlements.com/articles/00558/inkjet-delay.html
b) Killer Chip in Ink Jet Cartridges cost people Money – dated on November 5, 2006. By Heidi Turner. Extracted from Lawyers and Settlement.com (Quoted):
Santa Clara, CA: Consumers with ink jet printers are becoming increasingly frustrated with printers that shut down before their ink cartridge is completely empty.
Some inkjet companies produce ink cartridges that contain a computer chip that monitors ink use and holds expiry information. This "killer chip," as it is known in the re-manufacturing industry, prevents re-manufacturers from making compatible cartridges. Furthermore, the expiry on the cartridge prevents consumers from using third party cartridges.
This is not the first time inkjet companies have faced allegations about deceptive practices. In 2002, Lexmark faced a class action lawsuit claiming the company-forced consumers to use only their ink.
In April 2006, Epson settled class action lawsuits that claimed a large amount of ink remained in Epson inkjet cartridges even though the printer indicated the cartridge was empty. Consumers who purchased Epson inkjet printers between April 8, 1999 and May 8, 2006 were given a $45 credit.
Last year a woman from Georgia launched a lawsuit against HP, claiming that their smart-chip technology deceived consumers into purchasing new cartridges before the ink had actually run out. The suit claims that the smart chip was designed to prematurely show that ink had run out and also make the cartridge unusable through an expiration date that the customer is not made aware of. (Unquote)
Extracted from the web dated 15 December 2008 at URL: http://www.lawyersandsettlements.com/articles/00418/ink-jet-chip.html
c) Epson Faces Consumer Suits - Complaints in three states claim printer vendor cuts off ink cartridges before they're empty. By Tom Spring, PCWorld.com, dated Oct 25, 2003 5:00 am (Quoted)
Consumers fed up with the high cost of ink jet cartridges are taking Epson America to court, accusing it of manipulating equipment in order to sell more ink. A lawsuit filed Friday in District Court in Texas claims some models of Epson ink jet cartridges prematurely block Epson printers from functioning even though "substantial ink" remains in the cartridge.
The suit, filed in Jefferson County, is the third such suit involving the same law firm. Like the others, it seeks class action status and asks a judge to order Epson to notify customers that replacement cartridges may still be usable even when Epson's equipment says they're spent, and to compensate customers who discard the usable cartridges.
Harnes Keller LLP of New York, together with local counsel, filed similar claims in a San Mateo, California, Superior Court on Monday, and also at Kings County, New York, Supreme Court in August. Neither case has gone to trial.
Chip and Cartridge Challenge
The problem is with Epson ink jet cartridges outfitted with an Intellidge microchip, say Harnes Keller attorneys. Because the Intellidge chip stops Epson printers from operating until the ink jet cartridge is replaced, the plaintiffs charge that Epson is in breach of contract with its customers, who are entitled to use all the ink in the cartridge.
The cartridges actually contain up to 38 percent more usable ink after the Intellidge chip cuts them off, according to research cited in the suits.
"Because of Epson's deceptive practices, consumers have been forced to purchase replacement inkjet cartridges prematurely and have paid for ink in inkjet cartridges they can never use," the complaint reads.
Epson responds that a safety reserve of ink remains inside its cartridges after they expire to prevent damage that can occur to the print head if the cartridge runs dry.
Not Running on Empty
The complaint also cites research by the British magazine Which! Online. Testers there were able to override the Intellidge chip on Epson cartridges and print between 17 and 38 percent more "good-quality pages."
The testers used a $30 chip resetting mechanism to override the Epson printer chip. Which! Online also reports "premature warnings" of low or no ink using ink jet cartridges from HP, Canon, and Lexmark that continued to produce quality printouts.
Experts say most expired ink jet cartridges, including those from Epson, will have a certain amount of waste ink left over in spent cartridges. How much is left over depends on the manufacturer. Imaging expert Jim Forrest, with Lyra Research, calls the lawsuit against Epson "frivolous." He says an Epson ink jet cartridge that runs completely dry could damage the hardware's printing mechanism. "If Epson says consumers will get 100 printed pages based on its specs, then a consumer will likely get that," Forrest says. "Yes, there may be some ink left over, but that is by design."
Forrest says Intellidge chips are used to monitor the amount of ink inside the ink jet cartridge. The chip does not measure the real volume; instead, it estimates the amount of ink used and predicts when the cartridge will be empty. The chip transmits estimated ink levels to the printer, which alerts the user with a screen message.
"The printer will automatically stop working when there is no more safely usable ink in the cartridge," Epson explains in a written statement. The company says users get all the ink they pay for, because Epson charges for cartridges based on usable ink volume and printed pages per cartridge.
The company provides yield information on printer packaging and on its site, but not on ink jet cartridges.
Third-party companies that remanufacture ink jet and toner cartridges complain Intellidge and similar chips make it hard to refill and reuse empty cartridges. Remanufactured ink jet cartridges will work with all Epson printers, although Epson says users won't get the advantage of advanced features like ink level monitors without the Intellidge chip. (Unquote)
d) Printer Ink: How Do You Define 'Empty'? – By Steve Bass dated on Jul 22, 2008 4:00 pm (Quoted)
"I'm out of ink. Feed me." That was what my Brother 640CW multifunction printer demanded recently. I checked and there was still enough fluid in its cartridge for goodness knows how many more pages.
I examined all three allegedly empty cartridges--cyan, yellow, and magenta. From the top to bottom, they measured 1 1/8 inches. There was still roughly 1/4 inch of fluid at the bottom of each one. That's about a fifth of the cartridge's capacity, so my loss in ink was roughly $2.25 per cartridge. That's not exactly big bucks, but enough to make me feel like I was being scammed. (Oh, right, what printing manufacturer would do that, eh?)
Brother Says: Oh, That's Normal
Brother's rep had a logical answer, of course. Here it is, verbatim--make sure to slip on a pair of hip boots so you don't get splattered with anything.
"First, we would like to assure you that Brother stands behind our product and the information disclosure that we provide to the consumer. It is always our policy to provide such information to consumers to help them understand both the product and the conditions under which the product operates.
"To address your specific question regarding ink volume, the rated yield for each cartridge follows the industry standard of that period which was based on 5% page coverage. So regardless of what small ink volume you may see remaining in an ink cartridge when it needs to be replaced, we guarantee that the ink volume that was provided and 'used' meets this industry standard calculation. Any additional ink volume left in a cartridge at that time was not put into the rated yield calculation that is guaranteed by Brother.
"Importantly, there is a technical and performance reason for why the small amount of ink is remaining in a cartridge that is identified as 'empty.' As mentioned in the User Manual, 'even though the machine informs you that an ink cartridge is empty, there will be a small amount of ink remaining in the ink cartridge. It is necessary to keep some ink in the ink cartridge to prevent air from drying out and damaging the print head assembly.' By doing so, the machine is protected and consistent print quality is ensured to satisfy the consumer. In effect, remaining ink should not be viewed as waste, but as Brother's affirmative action to provide ongoing high quality output and performance of the machine."
Horsepucky, says I. Granted, the printer may need a small amount of ink to keep the printer heads from drying out, but the volume left in the cartridge isn't what I'd call small. And I'm not interested in the industry standard of 5 percent coverage. What I know is that even with minimal printing, the Brother needs a new cartridge way too often--and I want every last drop of ink. (Unquote)
Extracted from the web dated 15 December 2008 at URL: https://www.pcworld.com/article/148707/printer_ink_how_do_you_define_empty.html
7) Nippon-ink unable to provide any legal advice. The above information is use to explain, illustrate, compare and describe the causes involved. The respective User will have a better understanding and has a positive mindset before User makes it final decision at it full (100%) discretion and rights. Nippon-ink shall not be responsible and liable for any decision make and/or claim by the User. User cannot and disallow to use the explanation above as explicit and/or implied action of Nippon-ink.
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