Defective Computer! Who should win this case?!

itskc2u

Hi, I'd be interested to see what people think of this scenario surrounding a defective Sony VAIO computer purchase:

-Bought Sony Vaio, Feb '05
-Machine died 3 weeks after purchase.
-Stuck without it for several months while it was back at Sony for repairs.
It came back still broken.
-12-18mos back and forth to Sony, and the computer just never worked properly.
-Computer spent half its life in a state of transit, at the shop or in disrepair.
-Feb '07, Head of customer service for Sony agreed to replace it with similar model/spec, but refurbished, not new.
-A "same day" exchange was needed for work matters, and Sony would not agree to send the new computer until the old one was returned to Sony.
-Things got a bit nasty and Sony is no longer willing to replace the computer or negotiate.

Given the above scenario:

-Is it possible to be compensated for the time and revenue lost at work, data lost, and/or cost of the computer in cash?
-Would it be a case against the retailer (PC World, store at which the faulty computer was purchased) or the manufacturer (Sony)?
-What if the old computer is no longer available for exchange (i.e. It has been destroyed)?
-What are the likely costs? time? outcome? Of such a case.

Any opinions welcome.

I would also be very appreciative of any information regarding Irish Lawyers who could be contacted regarding this issue (i.e. The phone number or website of lawyers versed in Irish consumer law, preferably those who would offer a free consultation)


Thanks:)

pirelli

This issue has been in the media over the last few days i.e the evening herald and the 106 FM. The most important thing apparently is that you have the receipt. If you have this then PC world must give you a new computer and you shouldnt be going back and forth to Sony. That is what the chap on 106 Fm more or less stated or to quote him "That if they tell you to go to the manufacturer then thats not right as they as the supplier are responsible for replacing the faulty product. You dont have to purchase a faulty product you have a right to a working product.He was very sympathetic to people in your position. There is http://www.consumerassociation.ie/index.html which is much more appropiate for your concerns. It would seem that PC world should have negotiated with sony on your behalf and quickly replaced the defective PC.If it was only 3 weeks old you have a guarantee. You might have a case but PC World might have made matters worse as they as the retailer are responsible for resolving your complaint and not so much Sony. Sony shouldnt have made all of these promises to you personally and that was unprofessional of them.

pirelli

itskc2u wrote: »

-What if the old computer is no longer available for exchange (i.e. It has been destroyed)?
-What are the likely costs? time? outcome? Of such a case.

What happened to the poor computer?,
- The small claims court will happily accept your case. It seems perfect
small claims material. It is only 7 euro and you will be guaranteeed your money back if it is as bad as you say and it is very quick and effective. They might give you the maximum settlement if they want to settle the matter which is 1200 euro. You have I think 6 years to make your claim as it works on the law of contract. FONT]

johnnyskeleton

itskc2u wrote: »

I would also be very appreciative of any information regarding Irish Lawyers who could be contacted regarding this issue (i.e. The phone number or website of lawyers versed in Irish consumer law, preferably those who would offer a free consultation)

To be honest, all solicitors would be able to help you with this, what is more important in your choice is finding a solicitor that you trust and also one in a convenient location (a Dublin solicitor may be problematic if you live in Cork etc). You can search for solicitors by location on www.lawsociety.ie

daveharnett

itskc2u wrote: »

-Is it possible to be compensated for the time and revenue lost at work/data lost?

No chance IMO. There will have been a disclaimer on the product, which states they take no responsibility. By buying it, you have implicitly agreed to this.

itskc2u wrote: »

-Is it possible to be compensated for the cost of the computer in cash?

Sure. If it broke down within three weeks, you can argue that it was not 'of merchentable quality'.

Bluetonic

Were you not told already that this forum is not for acquiring legal advice?

http://www.boards.ie/vbulletin/showthread.php?t=2055153447

hullaballoo

Thanks for that, Bluetonic.

I'd really appreciate it if people could report posts like this to the mods since we're all quite busy at the moment. In fact, one of our number is MIA for the moment.

itskc2u banned from this forum for a second offence.

Cheers,
hullaballú.