Mr. C. Gonidellis,
Canon Australia Pty Ltd
1 Thomas Holt Drive
NORTH RYDE NSW 2113 |
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| Dear Mr. Gonidellis, |
| I refer to your
letter to me dated 2 October 2007. |
| I note your response is that of typical
bully boy tactics that can be expected from a large corporation
that has a culture of refusing to see the error of its ways. As
such your letter will be produced in court as even further evidence
in my claim against Canon for aggravated damages. |
| Your lawyers will (or should) inform
you that in order to prove that a statement on this website is
actionable under the tort of injurious falsehood, Canon would
be required to prove all three of the following elements
in a court of law: |
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1.
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The statement must be false; |
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2.
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The statement must be published maliciously; |
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3.
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The statement must have been intended to produce
and resulted in actual damage, and Canon will have to show a direct
economic loss because of the statement, i.e., prove that damage. |
| In defence of that, I say the following: |
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1.
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There are no false statements on this website. Canon's
representations in its advertising brochures may or may not be
correct in the context that it chooses to put them. However, when
put in the factual context I have put them (using the machine
for printing predominantly black text), it is true that
they become false. It is well settled Trade Practices / Fair Trading
law that once a representation is made, the representor is under
a duty to provide all matters that are material and not "tell
half the story", or selectively omit information that causes
or may cause a consumer to be misled. The Canon representation
"cost-efficient printing" is simply false in my circumstances.
As to the Ink Yield representations, a consumer would expect to
achieve those representations in any aspect of legitimate use
the machine is put, as Canon does not publish otherwise, however
in practise, I have found this is to be extemely far from the
case. Canon has, and continues to omit the ink usage in its advertising,
that is material to the machine printing predominantly black text. |
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2.
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There are no malicious statements on this website.
As said all statements are true and they are published because
they are true and because of the severe frustration and wasted
time Canon has put me too with apparent oblivion as to the inconvenience
it has caused me when it was well aware of the problem's inherent
cause before the time of the commencement of my complaint.
Also they are published in the public interest to warn consumers
of Canon's consumer conduct and its attitude in refusal to correct
that conduct. As said, Canon continues to omit the ink usage in
its advertising relating to printing black text when it is well
aware of the machine's inherent design to use excessive ink
in the way that it does. Per my letter
to Canon dated 20 May 2007 I conveyed this fact to Canon in
Sydney as informed to me by its authorised agent and technician
at Maroochydore..... "On contacting Sunshine
Coast Printer Specialists I am told that there is nothing
that can be done as it is normal for the machine to use that quantity
of ink in its self cleaning processes." |
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3.
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In order to prove number 3, Canon had better get
started. However in light of 1 and 2 Canon will get to know what
its like to be wasting its time. |
| Australian governments and its courts
make the law in Australia Mr. Gonidellis, not Canon. |
| You may wish to note, that I have experienced
no other serious fault with the Canon Pixma MP830 other than what
is published on this website, except to say that when a colour
ink cartridge becomes empty the machine will not print at all
thus causing a non voluntary replacement of that colour cartridge
if I wish to print black text. |
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Regarding my allegations of Canon telling lies.
I have given Canon ample opportunity to rectify the false statements
it has made to me in writing. It has chosen and continues to
choose to not remedy them and as such I will be asking the court
to find that they were intentional falsities, i.e., lies.
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Finally, after suffering around 8 months of Canon's delinquency,
Canon did eventually make its position clear in that it will
not rectify my complaint and apparently will not answer my letter
dated 20 September 2007. As
such and because Canon appears incapable of presenting the truth,
there will be no further verbal discussion between Canon and
myself unless Canon can first provide in writing all
of the following:
(a) acknowledge the ink usage I suffer in my circumstances is
excessive;
(b) rectify the Canon falsities/lies;
(c) apologise for its conduct;
(d) a willingness to take the machine back and refund its full
purchase price.
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Yours faithfully,
Gordon Craven - 3 October 2007
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