Dell making me pay for repair!

[coz-bob]

Hi, i've had my dell laptop for just under 3 months and for the past 3 weeks or so, when turned on a black screen comes up saying:
'windows startup repair (recommended)
start windows normally'

when i do either of these options, the laptop does not continue to the home screen, instead the screen is just blank and stays that way.


anyway, this seems like a technical problem, but its an issue with return. I wentto currys explained the problem and they said i had to speak to dell tech support. I did so and they have said i have to pay £68 to get it fixed as it is a software problem, not a hard-drive one!!

by law, shouldnt i be able to get it replaced or fixed for free considering it it under 12 month warranty and i still have my receipt?
any info would be great! thanks :)

[Buenchico]

(2-part post):

Firstly, any warranty is entirely separate to your statutory rights. It's up to the manufacturer (or retailer, if appropriate) who offers that warranty to define the terms of the warranty. If Dell's warranty states that it only applies to hardware, you definitely can't call upon it to get a software problem fixed.

Your statutory rights are always with the retailer, not with the manufacturer. So (assuming that you handed your money over to Curry's, rather than to Dell) it's up to Curry's to fix an 'inherent fault' (either with a repair or replacement) which occurs within the first 6 years after purchase.

[Buenchico]

The definition of an 'inherent fault' is an important one here. It refers to a fault which was present at the time of purchase (such as poor quality components or the use of poor manufacturing standards). With most items there's normally an automatic legal assumption that any problem occurring during the first 6 months must be due to an inherent fault. (Thereafter it's up to the purchaser to show that an inherent fault is the most likely cause of the problem). However the fault with your laptop's software is unlikely to have been present at the time of purchase. (It's far more likely to have arisen because you've installed conflicting software, downloaded a virus or allowed malware to find it's way onto your hard drive). A court might well rule that the normal '6 month rule' does not apply in your case.

It's pointless challenging Dell about their decision. You could try arguing your case with Curry's, but you'll almost certainly have a major battle ahead of you. In practice it might be simplest to post again, in AB's 'Technical' section', telling us which version of Windows you're using and which disks were supplied with the laptop. (For example, did you get a full Windows disk or just a 'recovery' disk?). With a bit of luck you'll get the same information that Dell wanted to charge for, completely free.

Chris