Reoccuring problem with Laptop

Blarggggh

Hi,
Almost two years ago I bought what was at the time a high end HP laptop (€1000). 12 months ago it began to have a series graphic glitch basically the screen got covered in boxs and stripes and that was form the start up menu. So I brought the nachine back to the place of purchase. They returned it to HP (while still under gaurente) the motorboard and hard drive were replaced and returned to me. No 10 months later I have the same problem again.
So my question is this
What sort of redress can I expect.

(1) The machine was repaired less then a year ago, Can I expect the repairs to be under gaurennted. Bascially can I expect to get ot fixed for free again, because the new mothoeboard has malfunctioned

(2) Or since the problkem is clearly the result of a design flaw can I expect the machine to be repaired free of charge

Or am I just up the creel without a paddle. It was a expensive machine and I cant afford a new one.

Nody

You can expect it to be repaired as a 1000 EUR Laptop can be expected to have at least two years life expectancy as per Sales of Goods Act section 14.

Blarggggh

Hi thanks for the advice I have just had a look at the act and Im a bit confused as to how its covered by that act. Im really sorry but can you point out which provison covers it.

14.—(1) Subject to the provisions of this Act and of any statute in that behalf, there is no implied condition or warranty as to the quality or fitness for any particular purpose of goods supplied under a contract of sale.

(2) Where the seller sells goods in the course of a business there is an implied condition that the goods supplied under the contract are of merchantable quality, except that there is no such condition—

( a ) as regards defects specifically drawn to the buyer's attention before the contract is made, or

( b ) if the buyer examines the goods before the contract is made, as regards defects which that examination ought to have revealed.

(3) Goods are of merchantable quality if they are as fit for the purpose or purposes for which goods of that kind are commonly bought and as durable as it is reasonable to expect having regard to any description applied to them, the price (if relevant) and all the other relevant circumstances, and any reference in this Act to unmerchantable goods shall be construed accordingly.

(4) where the seller sells goods in the course of a business and the buyer, expressly or by implication, makes known to the seller any particular purpose for which the goods are being bought, there is an implied condition that the goods supplied under the contract are reasonably fit for that purpose, whether or not that is a purpose for which such goods are commonly supplied, except where the circumstances show that the buyer does not rely, or that it is unreasonable for him to rely, on the seller's skill or judgement.

(5) An implied condition or warranty as to quality or fitness for a particular purpose may be annexed to a contract of sale by usage.

(6) The foregoing provisions of this section apply to a sale by a person who in the course of a business is acting as agent for another as they apply to a sale by a principal in the course of a business, except where that other is not selling in the course of a business and either the buyer knows that fact or reasonable steps are taken to bring it to the notice of the buyer before the contract is made.

Jev/N

S. 14(3) is the most relevant and applicable

Nody

Jev/N wrote: »

S. 14(3) is the most relevant and applicable

What Jev/N said really; anything sold has to be as durable as "reasonble expected" when used for the common purpose (i.e. if you did throw with laptop as a sport you'd not have covered). The store would then have to argue that a 1000 EUR laptop is only suppose to last less then two years to refute that point.

wobzilla

Translation:

reoccuring = Recurring
series = serious
boxs = boxes
nachine = machine
gaurente = guarantee
motorboard = motherboard
Bascially = basically
problkem = problem
creel = creek

dubVdub

Hi,
I'm not sure if your original warranty covers replacment parts, this is something you could check with the people you bought the laptop off, unfortunately I dont think that it does.
As for the consumer act, no, the goods do not appear to be of merchantable quality, but there is no provision for how long a manufacturer or the act deems the product to be used for. (In my company we depreciate laptops after 2 years.)
Saying that, 2 years to a consumer does not seem long to have a laptop working for especially when you payed for a high end spec product AND you have seen a recurring issue which is fairly serious.
If I were you I would go back to who you bought it off and argue your case but I dont think you will have legislation to back you up.
Personally I would be livid if I payed €1000 and got less than 2 years worth of use.

Good luck.

Jev/N

This might come under the EU 2 year guarantees for electronic goods, although I can't quote it off hand

Nody

Jev/N wrote: »

This might come under the EU 2 year guarantees for electronic goods, although I can't quote it off hand

Not ratified by Ireland iirc as the current legislation had longer/better cover.

Tp Dub I'd say 3 year write of would be more normal for a non top end required business for computers; at least that was what we had to use when I was doing it before (if we could show we had to replace them earlier then 3 years we could speed up the write of though).

bockedy

Assuming it is a hardware problem and that it hasn't been mistreated, you have a strong case to bring to the small claims court if it comes to that. The principle in law is "reasonable durability" which is provided for in section 14.3 of the sale of goods/services act. Different categories of goods have different reasonable durability, so you do have to argue your point with the shop. However, no reasonable person would expect to only get 2 years usage out of a laptop, especially a high-end one, from a big manufacturer, and especially if bought from one of the big retailers who you'd think would only supply quality goods (or at least that is the reputation they want to protect). If the laptop has broken down entirely and is now no better than a toe-stubber, your case is even stronger (it's not like some minor thing has happened such as a few pixels on your screen going black, your entire use and enjoyment of the laptop is totally gone.)

I always encourage people to bring laptops back to the shop if they fail in a short time. Too many times laptops fail just outside warranty, and the big shops coin it in by trying to force warranties down your throat. Many of the big shops will deny any responsibility when you go in to discuss the matter face-to-face, but it's a step that has to be done before you send a stern but fair letter to the manager stating your case under the reasonable durability right accorded to the consumer by the legislation.

I recommend:

1. Go into the shop, state your wish to get a free repair or replacement. (Have the laptop to hand along with whatever proof of purchase you have.) If they refuse and hide behind the warranty and that it has expired (if it has), state that the warranty is not the only game in town, that you have a right to be provided with goods of reasonable durability and that supersedes any impression the staff have that they will only deal in terms of the warranty on the machine. Ask to see the manager if you get no satisfaction from front line staff.

2. Repeat the argument to the manager. If get no joy, take the manager's full name.

3. Prepare and send a letter marked "Personal only" to the manager of the shop (by name and title), get it sent by registered post. The letter needs to state what you want (full replacement or free repair), how old the laptop is and that you believe that it was not reasonably durable as per section 14.3 of the Sale of Goods and Supply of Services Act 1980, and that you want a response from them within a reasonable time period (two weeks hence sounds reasonable to me). State you will lodge a small claims court action the next day if no response is forthcoming that is acceptable to you. Also include in the letter a photocopy of your receipt and a copy of the service tag on the back of the laptop.

Hope that gets things going!

Blarggggh

Ok just a up date. Got a call from the store yesterday. Apparently HP are refusing to repair it cause its out of warrenty. But the store are going to push them some more and see what they can do.

Thanks for all the advice so far. I see quite a lot of people are having the same problem with the Nvedia chip. Just wonder what succes if any. Any one has had so far

foggy_lad

Blarggggh wrote: »

Ok just a up date. Got a call from the store yesterday. Apparently HP are refusing to repair it cause its out of warrenty. But the store are going to push them some more and see what they can do.

Thanks for all the advice so far. I see quite a lot of people are having the same problem with the Nvedia chip. Just wonder what succes if any. Any one has had so far

what HP do or dont do has no bearing in your case as you are "claiming"/dealing solely with the retailer. if they refuse to sort it out you can go to the small claims court and will most likely get a repair or replacement or a part refund

Blarggggh

Hi guys, thanks for the help already. Just a quick update. I went got a call from the store yesterday. They have arranged for HP to fix it for free as a "courtesy" and are claiming its a different problem to the privous (its not). The laptop is ready for collection and I was to pick it up today. But here is the problem. I know very well in 10 or 12 months time. Im going to be right back where I can now. Id much prefer to take a partial credit and buy a replacment machine. So what options to I have
(A) Can I get the store to gaurentee the repair (replaced mothorboard, new proccesor, hard drive, etc etc, )for 12 months. Which Id be very happy with or
(B) can I insist the store give me a partial credit or refund. To buy a new machine in there store.

majiktripp

Read my similar thread here , well similar to a degree.
My issue was with Dell and now Dell are replacing my laptop after 4 years , with a new model so I believe that to be a satisfactory outcome.
Not that I didn't have an uphill battle to get that far mind you...

Blarggggh

Hi guys have to ring this guy by Wed any suggestions as to what to say.