Hewlett Packard-defective printers
Plaintiff’s claim v. Hewlett-Packard (Canada) Ltd. et al.
Colin Stevenson and Harvin Pitch together with co-counsel, acted for the plaintiff in this claim against the designer, manufacturer and vendor of various HP printers (series 1100, 5L, 6L, 3100 and 3150) which experienced performance problems related to a defect in the paper feed mechanism. The defect caused the laserjet printers to experience a continuing paper multifeed malfunction.
The claim was settled on the basis that the defendants provided rebate certificates in the form of printer and media rebate certificates and supplied repair kits.
The material terms of the settlement agreement were as follows:
I. A Rebate Fund to be disbursed in the form of Rebate Certificates and Repair Kits in the amounts set forth below to Eligible Settlement Class Members. In connection with the Rebate Fund, HP agrees to provide the Rebate Certificates and/or Repair Kits to Eligible Settlement Class Members who purchased or acquired by an Identifiable Gift Transfer a HP Printer, in the amount corresponding to the claimant s Eligibility Subclass and the particular model of HP Printer, set forth below;
(a) Only one of the types of settlement relief or remedy shall be available per HP Printer.
(b) HP will provide Rebate Certificates and/or Repair Kits to Eligible Settlement Class
Members as follows:
(i) Eligibility Subclass A: Either a $100.00 (one hundred dollar) Printer Rebate Certificate or a $40.00 (forty dollar) Media Rebate Certificate. The Subclass A Media Certificate has a minimum purchase requirement of $90.00 (ninety dollars).
(ii) Eligibility Subclass B:
B1. 5L HP Printers: Either a $40.00 (forty dollar) Printer Rebate Certificate or a $15.00 (fifteen dollar) Media Rebate Certificate. The Subclass B1 Media Certificate has a minimum purchase requirement of $40.00 (forty dollars).
B2. 6L, 3100, 3150 and 1100 Series HP Printers: Either a $30.00 (thirty dollar) Printer Rebate Certificate and a Repair Kit or a $10.00 (ten dollar) Media Rebate Certificate and a Repair Kit. The Subclass B2 Media Certificate has a minimum purchase requirement of $30.00 (thirty dollars).
(iii) Eligibility Subclass C: A Repair Kit.
(c) HP shall be responsible for all costs associated with the administration of the Settlement, including the costs of the mailing of the Class Notice and costs of providing the Notice of Settlement to the Class and any other costs and expenses reasonably incurred in the administration of settlement as described in the Settlement Approval Order.
(d) HP agreed to pay Class Counsel fees and other fees and disbursements separate and apart from, and in addition to, the relief afforded to the Settlement Class. The agreement to pay such fees and expenses was not negotiated until after the substantive settlement relief to the Settlement Class was negotiated and established.
(e) The Rebate Certificates shall be: (i) non-transferable; (ii) redeemable one-time only; and (iii) redeemable within 1 (one) year after issuance. In addition, the Printer Rebate Certificates shall be redeemable only on the HP online store (www.hpshopping.ca). Ordinary shipping charges apply to all online purchases. The Media Rebate Certificates may be used for HP media available at any retail store in Canada.