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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 30929
Experience:  Over 5 years in practice
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I run an one person Ltd company selling compatible xerox toner

Customer Question

I run an one person Ltd company selling compatible xerox toner cartridges. Xerox have a solicitor that has written to me saying a toner I sold to them, misrepresents as being a genuine item from the message displayed on the printer screen. The manufacturer for the toner has told me that they have changed the product so this does not happen. I'm in the middle. My question is can I just pass on the liability to the manufacturer, as I'm only a one person store. Xerox want to calculate damages and want to know how many I sold. I'ts only 27 units. The manufacture has sold 1000s. Am I protected in law at all?
Submitted: 11 months ago.
Category: Law
Expert:  Alice H replied 11 months ago.
My name is ***** ***** I am happy to help you. What's being alleged is that the toner is counterfeit. Do you dispute that?
Customer: replied 11 months ago.
Not quite. The toner is a compatible and is not counterfeit. It is a high quality product that people prefer to buy. The problem seems to be that the printer interpreted the cartridge as a genuine item. This might be the printer at fault or the chip in the cartridge. It seems to be the latter. Normal printers know a compatible and a different message would come up like, not a genuine Xerox product. It is not counterfeit though. It is a legal copy often with their own patents and compatible manufacturers are careful not in infringe patents or intellectual property.
Customer: replied 11 months ago.
Xerox are claiming that the cartridge misrepresented itself and they are owed damages. The fact that the customer deliberately buys a compatible as they do not want an original should come in to it.
Customer: replied 11 months ago.
I'm wondering to try and be helpful and give the solicitor the details of the manufacturer and ask them to deal directly with them and try to make a case that damages I owe are zero and I agree to not knowingly sell products that claim to be genuine through some fault or manufacturer or incompatibility with the printer. Is there any legal basis on which I can claim that the manufacturer is liable and not me?
Expert:  Alice H replied 11 months ago.
I think it would be useful if we could discuss this properly. I have sent you an offer of additional services for a telephone call.

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