PC "of merchantable quality"

MathsManiac

Has anyone here either attempted to have (or, in particular, succeeded in having) a fault in a PC repaired or replaced after more than one year at no cost (without extended warranty)?

The fan recently went in my PC, about 15 months after purchase. My long experience of PCs is that I would expect a desktop PC to last of the order of 5 years before giving trouble, although I would expect it to start getting slow after about 2 or 3 years as software gets more resource-hungry.

In my view, a PC that exhibits such a basic hardware failure after 15 months is not "of merchantable quality", as consumer protection legislation puts it. Does anyone know of any case law or experience that would support that contention?

Del2005

Should be non issue. The one year is warranty that's in addition to your rights. Go to the store and cambly ask for the issue to revolved under the sale of goods and supply of services act. The shop then have to offer you either a Refund, Replacement or Repair. This only applies if you bought off an Irish company.

L1011

I'd consider a fan to be something that shouldn't fail this fast definitely

However, if the retailer - all consumer rights rest with the retailer, not the manufacturer - refuses to deal with you, it probably won't be financially worth pursuing through the courts realistically. €25 non reclaimable fee and time involved in Small Claims. Highest end case fan is about a tenner, if you did mean a CPU air cooler those aren't much above the value either.

TomOnBoard

I know that youre talking about a PC, but this information from Apple may help you decide how to proceed...

https://www.apple.com/ie/legal/statutory-warranty/

The thing is that if you do decide to buy and install the fan yourself, you may have negated any further rights you may have under Consumer law as you will have opened the machine and voided them. Something to think about.

I'd recommend a letter invoking your rights first.

Th3B1tcH

I did after a hugh battle basiclly refused to leave store until sorted (they were even trying charge me to look at it lol) I was ready for a battle with them as there well know for crap like this ( dont think I'm allowed name them but probally the 1st 1 that comes to ur mind big chainstore blanchardtown centre )

I went armed with SOG printout and told them it was there issue not Dell's who trying fob me off to.

Got pretty heated I kept my head even when their "tech" guy threated to throw by the hair, then decided say calling the guards (plenty withness so didnt bother me even secuity said nuthing they do )

The area manger happened be in other store main centre so came across and sorted

All in all it was a fun day got to love DSG :pac:

ps. pc is still working perfect 12years later with just a RAM upgrade

the_syco

MathsManiac wrote: »

Has anyone here either attempted to have (or, in particular, succeeded in having) a fault in a PC repaired or replaced after more than one year at no cost (without extended warranty)?

Which fan failed? Also, are you saying it's 3 months out of warranty?

Del2005 wrote: »

Should be non issue. The one year is warranty that's in addition to your rights. Go to the store and cambly ask for the issue to revolved under the sale of goods and supply of services act. The shop then have to offer you either a Refund, Replacement or Repair. This only applies if you bought off an Irish company.

Repair, replace, refund, at the shops discretion.

MathsManiac

Thanks for all these replies.

As it happened, when I contacted them, they said I had purchased the extended warranty anyway. (I couldn't find the receipt and didn't remember whether I had or not - I was just working off my credit card bill for the date of purchase.)

So, the battle I was girding my loins for did not materialise.

I'm still curious, of course, as to whether the small claims court (or any other court) has ever ruled on how long a PC should last before giving trouble in order to be considered to have been of merchantable quality.

Del2005

MathsManiac wrote: »

I'm still curious, of course, as to whether the small claims court (or any other court) has ever ruled on how long a PC should last before giving trouble in order to be considered to have been of merchantable quality.

It all depends on the price you paid. But no matter how little you paid it should last more than 15 months.

GarIT

Del2005 wrote: »

It all depends on the price you paid. But no matter how little you paid it should last more than 15 months.

It doesn't actually, they usually award a % after the first year or two, if something fails after 3 years you'll get 70-40% of the value back, if it fails after 4 years probably 40-20%, depends on the judge and the case presented.

Th3B1tcH

My opinion would be even tought SOG act overules warranty a good starting point is if comes (or can buy a extended warranty) thats the minimum they expect it last.
That would be my argurment in small claims court why would they extend pass its "shelflife" .
Whilst like a car they lose value fast but hardware shouldnt fail if used correctly.

Glad u got sorted but buying extended warranty is a waste you well enough protected in Ireland without 1

Del2005

Th3B1tcH wrote: »

My opinion would be even tought SOG act overules warranty a good starting point is if comes (or can buy a extended warranty) thats the minimum they expect it last.
That would be my argurment in small claims court why would they extend pass its "shelflife" .
Whilst like a car they lose value fast but hardware shouldnt fail if used correctly.

Companies must love you. Luckily our politicians did one thing right and gave us brilliant consumer protection laws so manufacturers or retailers cannot rip us off, well not really as they allow them to sell extended warranties.