Sony Laptop no longer working, out of warranty by 45 days

Declan Carey

I bought a Sony Laptop from LaptopsDirect.ie and it was delivered to me at the beginning of January 2010.

Some 13 months on, the laptop just powered off last week while i was browsing the and won't turn back on.

I'm 1 month out of warranty, what are my rights?

Repair costs are approx 300euro-ish due to a broken motherboard.

The laptop cost 735euro

smokiebeverage

Declan Carey wrote: »

I bought a Sony Laptop from LaptopsDirect.ie and it was delivered to me at the beginning of January 2010.

Some 13 months on, the laptop just powered off last week while i was browsing the and won't turn back on.

I'm 1 month out of warranty, what are my rights?

Repair costs are approx 300euro-ish due to a broken motherboard.

The laptop cost 735euro

Skip laptopsdirect and go straight to Sony, if you can show its a fault in the unit not caused by you, you will be covered by the EU directive (1999) on the sale of electrical goods. Now it can be a nightmare to get some manufacturers to accept it but its worth a shot. Just to note it took me 3 months to get apple to accept the EU stuff, and I'm not sure they didn't fix it just to stop me calling.

cast_iron

Your rights are that the product should last "a reasonable period of time". The 12 month warranty is largely irrelevant. If the company is not willing to entertain a repair fro free (assuming the damage is not as a result of misuse), a threat of the small claims court will usually result in a prompt repair. This is because a judge would usually agree that a €700 odd laptop should last more than 13 months.

Edit: Go to Sony if you like, but laptopsdirect.ie are the people you have a contract with, so they are the ones responsible. Irish law (Sale of Goods Act 1980) is stronger than any EU law on this.

slave1

Skip laptopsdirect and go straight to Sony

Have to disagree, you have no contract whatsoever with Sony, you purchased from laptopsdirect so they should be your first port of call.

Chefburns

slave1 wrote: »

Have to disagree, you have no contract whatsoever with Sony, you purchased from laptopsdirect so they should be your first port of call.

you are half right the guarantee is between him and laptops direct, while the warranty is between him and sony, if you can prove the machine hasn't been opened or dropped you would have a pretty strong case.

foggy_lad

slave1 wrote: »

Have to disagree, you have no contract whatsoever with Sony, you purchased from laptopsdirect so they should be your first port of call.

You say it is a broken motherboard? Have you opened the laptop or had some unauthorised person examine it as this would interfere with your statutory rights as only the seller is allowed organise any repairs(either by themselves or by returning to manufacturer or by some other repair company).

If the fault was caused by mis-use or customer damage then you have no right to repair replace or refund but if as stated it is found to be a fault from poor workmanship or poor build quality etc then it should be covered.

remember Irish law gives you rights whicg are guaranteed by statute(sale of goods act) which are much better than any warranty or manufacturer guarantee.

listermint

Declan Carey wrote: »

I bought a Sony Laptop from LaptopsDirect.ie and it was delivered to me at the beginning of January 2010.

Some 13 months on, the laptop just powered off last week while i was browsing the and won't turn back on.

I'm 1 month out of warranty, what are my rights?

Repair costs are approx 300euro-ish due to a broken motherboard.

The laptop cost 735euro

Broken motherboard?

Your details are quite scarce, but did you drop the laptop? A fall usually results in a shattered motherboard. If so, they will see this straight away when opened and frankly you have no rights to anything and are wasting your time.

kippy

listermint wrote: »

Broken motherboard?

Your details are quite scarce, but did you drop the laptop? A fall usually results in a shattered motherboard. If so, they will see this straight away when opened and frankly you have no rights to anything and are wasting your time.

I've never seen a "shattered" motherboard.......

Chefburns

kippy wrote: »

I've never seen a "shattered" motherboard.......

its just one thats cracked in two dropping or hitting them can cause them.

kippy

Chefburns wrote: »

its just one thats cracked in two dropping or hitting them can cause them.

Still to see a cracked motherboard if I am being honest.

OP the advice you have been given about contacting the seller is correct in the first instance. A threat of a small claim can force the issue usually.

You do mention that nothing untoward happened the laptop before the issue started occuring so it should be under warranty.

Declan Carey

Never dropped or interfered with. Broken due to over-heating apparently.

Chefburns

Declan Carey wrote: »

Never dropped or interfered with. Broken due to over-heating apparently.

I'd say go back to Sony is your best bet although they hate admitting that their products over heat!!!:rolleyes: If you ring up a Sony center they can give you the Irish support line number usually.

Declan Carey

Rang laptopsDirect and they said that if I get an independent engineer to take a look at the laptop and they instruct that it was caused by a defect then "they will take a look at the laptop".

Edit - Sony also not interested. They dismiss any EU directive that states it should work for 24 months.

maglite

smokiebeverage wrote: »

Skip laptopsdirect and go straight to Sony, if you can show its a fault in the unit not caused by you, you will be covered by the EU directive (1999) on the sale of electrical goods. Now it can be a nightmare to get some manufacturers to accept it but its worth a shot. Just to note it took me 3 months to get apple to accept the EU stuff, and I'm not sure they didn't fix it just to stop me calling.

SO so so so so so wrong. You have a contract with Laptopsdirect, start with a registered letter, cite the Sales and supply of services act etc.. I'm fairly sure the small claims court will take the case if you need to go that far

wmpdd3

That answer you got could be enough to proceed to the small claims court as laptopsdirect will not even look at it.

Obviously they would never say send it back and we will fix it, until they have examined it, but to ask you to shell out for an independent opinion is a bit much.

It's better when companies pay for you to return your item and then charge you if it turns out to be a customer damage case. Atleast if you are in the right you get your rights without the hassel.

ch750536

Chefburns wrote: »

you are half right the guarantee is between him and laptops direct, while the warranty is between him and sony, if you can prove the machine hasn't been opened or dropped you would have a pretty strong case.

Guarantee & Warranty have no value in the eyes of the law. Law states contract is with the retailer, it's they who have to resolve the issue.

ch750536

maglite wrote: »

SO so so so so so wrong. You have a contract with Laptopsdirect, start with a registered letter, cite the Sales and supply of services act etc.. I'm fairly sure the small claims court will take the case if you need to go that far

^what he says

up tipp 2010

Sony recalled certain makes/models of laptops to be returned to them last year due to an overheating problem. I returned mine and the problem was remedied very swiftly by them.
My laptop was purchased in 2004.

up tipp 2010

Sony admitted that there were 535,000 laptops worlwide that had this problem.
The relevant models were the VPCF-11 Series and the VPCCW 2 Series.
I hope that this might be of help to you.

smokiebeverage

maglite wrote: »

SO so so so so so wrong. You have a contract with Laptopsdirect, start with a registered letter, cite the Sales and supply of services act etc.. I'm fairly sure the small claims court will take the case if you need to go that far

Why are some boardies SO so so so so so rude, fine contradict another post but at least be polite.

And you are right they do have a contract with laptopdirect, but its under UK law as thats where the laptop was bought, so if you want to go the legal route with them you'll have to do it under UK law and the distance selling act. Also the EU 2 year rule doesn't work in the UK, they never fully ratified it. Generally I have had good experiences with sony and repairs which is why I would always try that first as its only a quick phone call. Just so you know UK law is different to here and in general the law is seen in two ways, up to six months its up to the seller to prove you damaged it, after that its up to you to prove you didn't. Thats a big deal because all they have to say is the fan is blocked with dust, hair etc and it's all over.

gramlab

People are right about your contract being with the seller and ideally thats the way you should go. I had a sony TV die just out of warranty. Shop wanted nothing to do with it and I would have gone the small claims route, but chanced my arm ringing sony and they agreed to have someone look at it and he fixed it (500 euro worth for a complete new screen supposedly).

It's not the way you should have to go but it might be less hassle.





A general question for anyone reading.

What is the story with .ie companies. Does it mean anything if they are .ie or is it where they are registered/based that matters as regards comsumer rights. Is there a european version of the small claims?

ch750536

smokiebeverage wrote: »

Why are some boardies SO so so so so so rude, fine contradict another post but at least be polite.

And you are right they do have a contract with laptopdirect, but its under UK law as thats where the laptop was bought, so if you want to go the legal route with them you'll have to do it under UK law and the distance selling act. Also the EU 2 year rule doesn't work in the UK, they never fully ratified it. Generally I have had good experiences with sony and repairs which is why I would always try that first as its only a quick phone call. Just so you know UK law is different to here and in general the law is seen in two ways, up to six months its up to the seller to prove you damaged it, after that its up to you to prove you didn't. Thats a big deal because all they have to say is the fan is blocked with dust, hair etc and it's all over.

1. Bought from an irish registered company, laptopsdirect.ie
2. If you deal with the manufacturer, you have just broken your contract with the retailer. Any future issues are nothing to do with them.

ch750536

gramlab wrote: »

A general question for anyone reading.

What is the story with .ie companies. Does it mean anything if they are .ie or is it where they are registered/based that matters as regards comsumer rights. Is there a european version of the small claims?

.ie domains require company registration details, irish comapnies only, so yes, irish SCC is fine for anything bought from a .ie domain.

Boggles

ch750536 wrote: »

2. If you deal with the manufacturer, you have just broken your contract with the retailer. Any future issues are nothing to do with them.

Not True.

Dealing with the manufacturer does not effect your statutory rights.

Declan Carey wrote: »

Rang laptopsDirect and they said that if I get an independent engineer to take a look at the laptop and they instruct that it was caused by a defect then "they will take a look at the laptop".

From my reading of this company over the years, they do not operate in Ireland as such. Their .ie website just converts from sterling to euro, AFAIK they only sell using the English VAT rate.

You can go down the European Small Claims route, but unless things have changed they have no power to enforce and are more of a mediator.

(Edit: Looks like they have power now. http://www.courts.ie/Courts.ie/library3.nsf/pagecurrent/BE71CDF8FCA10C8C80257559005F5C59?opendocument )

Google the model number, if it is an over heating problem caused by design, you certainly will not be the first with it. Educate yourself about the cause of the problem, read the forums, etc. Write your own report, in this instance though given the variables it may be prudent to take it to a repair shop just to validate the faults. If you have the work done for them, they won't charge you that much.

At the end of the day, what is important is you get a working laptop back, with the minimum of fuss, expense and delay.

GarRoIT

Declan Carey wrote: »

Repair costs are approx 300euro-ish due to a broken motherboard.

Just to save you a few Quid. If it's not covered try TechPros in Tallaght, they usually charge a maximum of €180 on motherboard repairs

slave1

Quote:
Originally Posted by ch750536
2. If you deal with the manufacturer, you have just broken your contract with the retailer. Any future issues are nothing to do with them.

Boggles wrote: »

Not True.

Dealing with the manufacturer does not effect your statutory rights.

Dealing with the manufacturer can effect your statutory rights as it weakens your position, manufacturers generally repair so by choosing a repair route you weaken your claim for a refund (as it could be perceived you are accepting a repair remedy)

smokiebeverage

ch750536 wrote: »

.ie domains require company registration details, irish comapnies only, so yes, irish SCC is fine for anything bought from a .ie domain.

ch750536 wrote: »

1. Bought from an irish registered company, laptopsdirect.ie

They don't have to be Irish the requirements are

All applicants applying for a .ie domain name who are not situated in the 32 counties of Ireland, must demonstrate a Real and Substantive Connection with Ireland (with the exception of those applying with a registered Community Trademark).
Examples of acceptable documentation demonstrating substantial trade or commercial activity within Ireland are as follows:

• Copies of invoices (showing trade to or from Ireland.
• High-quality brochures.
• A signed letter on headed paper from a bank manager, firm of chartered accountant(s), registered auditor(s), tax consultant(s) (where the tax advisor identification number is displayed), or solicitor(s) confirming the applicants trade with Ireland.

So any company, from any location can register a .ie domain.

Boggles

slave1 wrote: »

Dealing with the manufacturer can effect your statutory rights as it weakens your position, manufacturers generally repair so by choosing a repair route you weaken your claim for a refund (as it could be perceived you are accepting a repair remedy)

Why would you be seeking a refund if you accepted a repair?

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

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.

maglite

smokiebeverage wrote: »

Why are some boardies SO so so so so so rude, fine contradict another post but at least be polite.

And you are right they do have a contract with laptopdirect, but its under UK law as thats where the laptop was bought, so if you want to go the legal route with them you'll have to do it under UK law and the distance selling act.

He was wrong, get over it. If someone posts something that is so far off base then they should be picked up on it. Dealing with a Manufacturer you are relying on their good will to fix a problem. The seller has a bit more responsibility.

http://www.consumerconnect.ie/eng/Get_Your_Rights/Going_To_Court_Guide/
http://www.citizensinformation.ie/en/justice/courts_system/european_small_claims_procedure.html

As far as UK law, I'm going to contradict you there. The Irish small claims court will look at this.

ch750536

Boggles wrote: »

Not True.

Dealing with the manufacturer does not effect your statutory rights.

Situation 1:
Laptop sorted by manufacturer at the retailers request, new mobo added.

Situation 2:
Laptop sorted by manufacturer, new mobo added.

6 months later something is wrong with the laptop:
Situation 1 - return to the retailer with the issue, no problem
Situation 2 - return to the retailer can't happen as this was not what they sold you, you have tampered with the item (in effect).

Boggles

ch750536 wrote: »

Situation 1:
Laptop sorted by manufacturer at the retailers request, new mobo added.

Situation 2:
Laptop sorted by manufacturer, new mobo added.

6 months later something is wrong with the laptop:
Situation 1 - return to the retailer with the issue, no problem
Situation 2 - return to the retailer can't happen as this was not what they sold you, you have tampered with the item (in effect).

A consumer is entitled to take up a manufacturers guarantee or warranty, it does not replace a consumers legal rights.

A warranty or guarantee is sold with the product, i.e. at the point of sale the retailer effectively gives permission for the consumer to deal directly with the manufacturer under warranty or guarantee.

Your contract with the retailer remains.