Getting charged inspection fee for Laptop in Warranty

Wavey

Afternoon all.
Last year I bought a €350 HP laptop from Dabs-dot-ie.
A month after recieving the machine it failed to start so I contacted Dabs to arrange a return.
I got very little help and decided to contact HP directly who issued me an RMA number and the laptop was returned.

I was then contacted by a third party company who were inspecting the machine for HP. They informed me that the damage was water damage and therefore the warranty did not apply. (Im not sure how the water got there)

They said that repair was not financially viable and that if I wanted the laptop back I would have to pay a shipping fee.
I decided to cut my losses and leave it.

Then last week I was contacted by the company again who said that I now owe them €110 for the inspection. I have pawned them off saying I want to talk to Dabs first but again I am getting to feedback from Dabs.

My question is am I obligated to pay this inspection fee?
I would have though any costs incurred inspecting the laptop should be taken by HP.

Any advice appreciated.

Wavey.

Elara: Kin

Wavey wrote: »

My question is am I obligated to pay this inspection fee?

Don't think you are unless they mentioned it before you sent it in.

Jarren

http://www.consumerconnect.ie/eng/Hot_Topics/Guides-to-Consumer-Law/Shopping/guarantees.html

mathepac

It's a bit difficult to know but as your warranty issue was with the retailer, involving HP who apparently engaged yet another 3rd-party, was not the correct thing to do.

I think your case highlights the difficulties inherent in enforcing local or even EU-wide consumer rights and legislation / warranty claims on "distance sellers" in this country.

I'd suggest that as you have no contract with them AFAICS you politely tell the inspection crowd to take a hike.

I empathise.

foggy_lad

the only people obliged to give you a repair replacement or refund are the retailer in this case dabs.ie so you should now contact HP and insist on them sending your laptop back in the condition you sent it to them in and forward it to dabs who are obliged to sort this out and organise any repair etc

whippet

foggy_lad wrote: »

the only people obliged to give you a repair replacement or refund are the retailer in this case dabs.ie so you should now contact HP and insist on them sending your laptop back in the condition you sent it to them in and forward it to dabs who are obliged to sort this out and organise any repair etc

I wouldn't agree with you there.

The OP contacted HP (rather than the retailer) and decided to go down that route. And as a competant repair centre have deemed it out of warranty and user damaged Dabs have no obligation whatsoever to the OP

The laptop isn't covered by warranty as it has been water damaged. The OP suggests that he does not know how that happened but does not dispute that.

The inspection fee probably does not have to be paid as it wasn't agreed with prior to sending the machine off.

As this now isn't a warranty issue at all neither Dabs, HP or the 3rd party should have to cover the shipping cost back to the OP, in theory they shouldn't have had to cover the collection either.

I would be suprised if the OP wasn't made aware of the possibility of a 'inspection fee' when making the arrangement for the collection.

foggy_lad

the op can and should insist on his laptop being returned intact and send it back to dabs to be properly examined as any company that looks for this type of "inspection fee" are cowboys imo

whippet

foggy_lad wrote: »

the op can and should insist on his laptop being returned intact and send it back to dabs to be properly examined as any company that looks for this type of "inspection fee" are cowboys imo

HP have nominated an agent to do this diagnostics and regardless of 'your opinions' they would be deemed experts on the HP equipment. The OP could nominate an independent 3rd party, pay a diagnostics fee, if the result is different they then could go to the SCC with their case and see what a judge makes of it.

If the independent party agrees with HP's agent then the OP will be out the diagnostics fee on top of the shipping costs.

Your lack of trust of every vendor / retailer as far as I can blinds you to an extent as to the reality of the situation.

The OP clearly water damaged his machine, most notebooks now have liquid spill indicators and are pretty conclusive.

From a previous incarnation I have seen far too many time people looking for a repair / replacment / refund as their laptop suddenly stopped working. On opening up the machine more often than I care to remember the visible signs of liquid were present. Most would act totally ignorant and keep demanding while a few would 'fess up and say they thought it was worth a chance !!!

In short, as the machine has been damaged by the OP (and he isn't disputing the fact) nobody has any obligation to him now.

foggy_lad

regardless of your thoughts or experience of what you have seen "too many times" the op is entitled to revert back to the retailer at any time regardless of having gone to the manufacturer!

whippet

foggy_lad wrote: »

regardless of your thoughts or experience of what you have seen "too many times" the op is entitled to revert back to the retailer at any time regardless of having gone to the manufacturer!

absolutly .. but at his own expense.

Now that he has sent his machine to a 3rd party (not Dabs) who have taken the machine apart, Dabs can't be held responsible for the condition of the machine. Why would they? plus the OP has suggested that he is to blame for the damage ..

Lets look at this from another angle:

You buy a new BMW from Dealer A. Stupidly you mount a high kerb and damage the sump. You manage to drive the car to Dealer B (also a BMW dealer) who gives you the bad news that you have made a mess of the car.

Would you now expect Dealer A to arrange to send a tow truck to Dealer B to pick up the car and inspect it to see if it would be a warranty repair?

the_syco

foggy_lad wrote: »

the op can and should insist on his laptop being returned intact and send it back to dabs to be properly examined as any company that looks for this type of "inspection fee" are cowboys imo

Yes and no. Warranty is void due to water damage. As the warranty is void, HP do not have to pay for anything. The 3rd party company are under no obligation to send the laptop back for free, as the damage is not covered by warranty, and thus the OP will have to pay to get the laptop back.

OP: in what packaging did you send the laptop to HP in?

mathepac

Wavey wrote: »

... They informed me that the damage was water damage and therefore the warranty did not apply. (Im not sure how the water got there) ...

Sorry, I forgot this bit - if there was water ingress then I guess they are right - it's not a warranty issue, but I still don't believe you owe them inspection money.

the_syco

mathepac wrote: »

but I still don't believe you owe them inspection money.

The inspection is paid for by HP if the fault is covered under the warranty. If the damage is not covered by warranty, HP doesn't pay the price of the inspection, and thus the 3rd party company collects it off the user.

Pythia

Surely the OP would need to be informed of this in advance?

the_syco

Pythia wrote: »

Surely the OP would need to be informed of this in advance?

I'm not really too sure of how that works. The company did state that to repair the laptop is not viable. I would like to know how much the shipping fee would have been?

I suppose the OP could go down the route of saying that they were never told of an inspection fee (if they were not), and that they'll only pay the shipping fee. It may be an idea to find out the shipping fee first, in case the 3rd party decides that inspection fee equals shipping fee.

mathepac

the_syco wrote: »

... the 3rd party company collects it off the user.

Given the apparent absence of a contract between them how do you think this will work?

Wavey

Thanks for all the replies lads.

When the 3rd party informed me that the machine was water damaged I asked that they send me photos which they did.
TBH the damage was not that obvious but I do not doubt that there was water damage.
I am not the only that used the machine so I cant be sure there was no water ingress.
If this then voids the warranty then I am fine with that.

I dont however believe that I should have to pay for the labour costs associated with inspecting the laptop. I would have thought that the 3rd party would bill HP directly for labour costs whether or not the warranty was void.

@Syco.
As far as I remember the shipping cost they mentioned to get the laptop back was about €50. I think they are based somewhere near Dublin airport.

My plan at the moment is to ignore any requests for payment. What is the worst that could happen if I ignore them? I have just recieved an invoice in the post and one phone call so far.

As Mathepac said I do not have any contract with them, only with Dabs.

Thanks,
Wavey

whiterebel

Wavey wrote: »

Thanks for all the replies lads.

When the 3rd party informed me that the machine was water damaged I asked that they send me photos which they did.
TBH the damage was not that obvious but I do not doubt that there was water damage.
I am not the only that used the machine so I cant be sure there was no water ingress.
If this then voids the warranty then I am fine with that.

I dont however believe that I should have to pay for the labour costs associated with inspecting the laptop. I would have thought that the 3rd party would bill HP directly for labour costs whether or not the warranty was void.

@Syco.
As far as I remember the shipping cost they mentioned to get the laptop back was about €50. I think they are based somewhere near Dublin airport.

My plan at the moment is to ignore any requests for payment. What is the worst that could happen if I ignore them? I have just recieved an invoice in the post and one phone call so far.

As Mathepac said I do not have any contract with them, only with Dabs.

Thanks,
Wavey

Why would you expect HP to pay for an inspection of a machine which has been damaged by someone else, and is not down to a fault with the machine?

the_syco

Wavey wrote: »

I dont however believe that I should have to pay for the labour costs associated with inspecting the laptop. I would have thought that the 3rd party would bill HP directly for labour costs whether or not the warranty was void.

whiterebel wrote: »

Why would you expect HP to pay for an inspection of a machine which has been damaged by someone else, and is not down to a fault with the machine?

Someone has to pay. I doubt the company gives a damn who pays.

Wavey wrote: »

@Syco.
As far as I remember the shipping cost they mentioned to get the laptop back was about €50. I think they are based somewhere near Dublin airport.

My plan at the moment is to ignore any requests for payment. What is the worst that could happen if I ignore them? I have just recieved an invoice in the post and one phone call so far.

As Mathepac said I do not have any contract with them, only with Dabs.

I'm looking at this in a different way. Wavey, ring HP and tell them that you were never told about the inspection fee, and that you want the laptop back: I cannot find abything mentioning a charge by a 3rd company in the terms and conditions of the HP warranty. I'm thinking: if the company told you about the inspection fee, you'd have to pay it, but if the company didn't tell you, under the premise that it was free, and then held your laptop to ransom, as it were, unless you pay a fee. Unless you were told beforehand by the company or HP, that there is a possibility of getting charged, you may be able to get the laptop back under that?

foggy_lad

whippet wrote: »

absolutly .. but at his own expense.

Now that he has sent his machine to a 3rd party (not Dabs) who have taken the machine apart, Dabs can't be held responsible for the condition of the machine. Why would they? plus the OP has suggested that he is to blame for the damage ..

Lets look at this from another angle:

You buy a new BMW from Dealer A. Stupidly you mount a high kerb and damage the sump. You manage to drive the car to Dealer B (also a BMW dealer) who gives you the bad news that you have made a mess of the car.

Would you now expect Dealer A to arrange to send a tow truck to Dealer B to pick up the car and inspect it to see if it would be a warranty repair?

Q3. If I have a problem with faulty goods, where should I go to?


When you make a purchase, your contract is with the seller of the goods and if there is a problem with the product it is up to the seller to put things right.

However, depending on the nature of the product and the problem arising with it, you may find it more convenient to deal directly with the manufacturer.

This could arise, for example, where call out arrangements need to be made with the servicing staff of the manufacturing firm.

In such circumstances, you should make it clear to the company from which you purchased the product that your contract is with them.

Dealing directly with the distributor/manufacturer does not exempt the seller from their obligations if their further involvement is required.

http://www.consumerconnect.ie/eng/Hot_Topics/FAQs/Faulty-goods/

jimmycrackcorm

Wavey wrote: »

Thanks for all the replies lads.

When the 3rd party informed me that the machine was water damaged I asked that they send me photos which they did.
TBH the damage was not that obvious but I do not doubt that there was water damage.
I am not the only that used the machine so I cant be sure there was no water ingress.
If this then voids the warranty then I am fine with that.

I dont however believe that I should have to pay for the labour costs associated with inspecting the laptop. I would have thought that the 3rd party would bill HP directly for labour costs whether or not the warranty was void.

What has most likely happened, as is common, is that someone spilt a drink on it. As it is not a warranty issue you would then have to pay for someone to look at the problem and/or repair.

I recently had a problem with my car and had a garage have a look to estimate the repair cost. I had to pay for them to spend the time to look at it. Had the repair been a warranty issue then I'm sure I would not have had to pay, but it wasn't.

the_syco

foggy_lad wrote: »

Q3. If I have a problem with faulty goods, where should I go to?


When you make a purchase, your contract is with the seller of the goods and if there is a problem with the product it is up to the seller to put things right.
However, depending on the nature of the product and the problem arising with it, you may find it more convenient to deal directly with the manufacturer.

This could arise, for example, where call out arrangements need to be made with the servicing staff of the manufacturing firm.

In such circumstances, you should make it clear to the company from which you purchased the product that your contract is with them.

Dealing directly with the distributor/manufacturer does not exempt the seller from their obligations if their further involvement is required.

http://www.consumerconnect.ie/eng/Hot_Topics/FAQs/Faulty-goods/

So far, the seller has not tried to be exempt. Heck, apart from the rep on the thread, it seems they may be unaware of the problem.

whippet

@foggy lad

I know you are a hero for the consumer on these boards (which can get tirsome at times)... ensuring that the retailers are made tow the line as per their obligations but you have it wrong on this one ...........

The retailer has no obligation to the OP here to provide anything free of charge as the OP has damaged his machine. End of story, no amount of quoting consumer law will prove otherwise.

The consumer law you are quoting covers defects etc .... it has no bearing on a customer damaging a product.

delllat

there is also laws saying you cannot charge someone for something they were not advised in advance off (in this case the inspection fee )