Am I Right To Be Feeling This Way?
Family Life0 min ago
Sale of Goods
9 Answers
Going to visit my nephew tomorrow, who has got into a bit of a tizz with PC World. He bought a new laptop a few months ago from them, and ii has broken down twice, and been sent off for repair. It is again broken and when he asked them to replace it, they said they didn't have too until it had been mended three times! I am going with him to see them tomorrow, and wonder does anyone now the law on this. Surely under the Sale of Goods Act, if it is faulty they should replace it, while it is still under warranty or am I wrong. Would like to know my rights before I take them to task.
Many thanks for any advice given.
Many thanks for any advice given.
Answers
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I got this info from the citizens advice website,hope it helps
http://www.adviceguide.org.uk/index/your_world /consumer_affairs/problems_with_goods.htm#your _rights_when_things_go_wrong
Just select the section Your rights when things go wrong
http://www.adviceguide.org.uk/index/your_world /consumer_affairs/problems_with_goods.htm#your _rights_when_things_go_wrong
Just select the section Your rights when things go wrong
(2-part post):
If an item is found to be faulty before the end of the (usually very short) period before the purchaser has legally 'accepted' it, the purchaser has the right to a full cash refund. In the case of a laptop computer, the 'pre-acceptance' period would probably last for just a few days (i.e. the length of time it would take the purchaser to try out the main features of the computer).
Once the 'pre-acceptance' period has passed, the retailer has to remedy any problems caused by an 'inherent fault' (i.e. poor quality manufacturing or components) for up to 6 years from the date of purchase. For the first 6 months of this period, the law assumes that (unless there is contrary evidence, such as a large dent showing that the computer has been dropped) anything which goes wrong is due to an 'inherent fault'. For the remainder of the 6 year period, the purchaser has to be able to show that the most likely cause of the problem was an inherent fault.
The retailer's duty to remedy any faults, referred to in the previous paragraph, is subject to the retailer's discretion as to whether to attempt a repair or to offer a replacement. (i.e. when your nephew first took his laptop back to PC Word, he had no right to demand a replacement. It was up to PC World to decide whether they wanted to offer a replacement or to attempt a repair. As long as they did one or the other, they were meeting their legal obligation).
If an item is found to be faulty before the end of the (usually very short) period before the purchaser has legally 'accepted' it, the purchaser has the right to a full cash refund. In the case of a laptop computer, the 'pre-acceptance' period would probably last for just a few days (i.e. the length of time it would take the purchaser to try out the main features of the computer).
Once the 'pre-acceptance' period has passed, the retailer has to remedy any problems caused by an 'inherent fault' (i.e. poor quality manufacturing or components) for up to 6 years from the date of purchase. For the first 6 months of this period, the law assumes that (unless there is contrary evidence, such as a large dent showing that the computer has been dropped) anything which goes wrong is due to an 'inherent fault'. For the remainder of the 6 year period, the purchaser has to be able to show that the most likely cause of the problem was an inherent fault.
The retailer's duty to remedy any faults, referred to in the previous paragraph, is subject to the retailer's discretion as to whether to attempt a repair or to offer a replacement. (i.e. when your nephew first took his laptop back to PC Word, he had no right to demand a replacement. It was up to PC World to decide whether they wanted to offer a replacement or to attempt a repair. As long as they did one or the other, they were meeting their legal obligation).
However, when a retailer chooses to attempt a repair (rather than to offer a replacement), they have a duty to minimise any inconvenience to the customer and, in certain circumstances, to pay compensation to the customer for the inconvenience or costs incurred. (For example, your nephew might have the right to claim compensation from PC World for his repeated travel costs to and from their store). With repeated repairs, there obviously comes a point when the inconvenience to the customer (through the repeated temporary loss of his computer) becomes 'unreasonable'. There is no statutory definition as to when this point is reached but many firms, including PC World, work on the basis that the inconvenience to the customer becomes 'unreasonable' after three attempts at a repair. At this point they then have to offer a replacement item.
If your nephew wants to try to get a replacement for his laptop, he must argue on the basis that, irrespective of the number of repair attempts already carried out, the inconvenience to him has now become unreasonable and that, because of this, PC World have now forfeitted their right to offer a repair. If such forfeiture can be established, PC World must now offer a replacement.
Chris
PS: Your question refers to the fact that the laptop is still under warranty. I advise that your nephew should make no reference to this when trying to get a satisfactory response from PC World. A warranty is a 'gift' from a manufacturer and is unrelated to the statutory duties of the retailer. Most retailers will leap at the suggestion that the purchaser intends to claim under the manufacturer's warranty; this effectively allows them to 'pass the buck'. Forget about the warranty. Stick with arguments based upon your statutory rights to receive a suitable remedy (with minimal inconvenience) from the retailer.
If your nephew wants to try to get a replacement for his laptop, he must argue on the basis that, irrespective of the number of repair attempts already carried out, the inconvenience to him has now become unreasonable and that, because of this, PC World have now forfeitted their right to offer a repair. If such forfeiture can be established, PC World must now offer a replacement.
Chris
PS: Your question refers to the fact that the laptop is still under warranty. I advise that your nephew should make no reference to this when trying to get a satisfactory response from PC World. A warranty is a 'gift' from a manufacturer and is unrelated to the statutory duties of the retailer. Most retailers will leap at the suggestion that the purchaser intends to claim under the manufacturer's warranty; this effectively allows them to 'pass the buck'. Forget about the warranty. Stick with arguments based upon your statutory rights to receive a suitable remedy (with minimal inconvenience) from the retailer.
The trouble with computers being broken, I have heard this from people not experienced in their use, It has turned out that they have been delving and deleting files had viruses from visiting sites that would make you hair curl and installing suspect programmes, this kind of fault will not be covered by any warranty I don't imagine. Is the computer not working or is it a software issue?
we bought our 1st computer from comet a few years ago and it was faulty .we then got a faulty replacement. on both occasions comet and one member of staff in particular were very helpful......he even delivered the second one to us ( 30 mile round trip ) within his working hours and even set it up for us.
Went to PC World today. Going forewarned was helpful, as to our rights.
They were okay actually, but I think having the CAB advice and ABers advice printed off and in my hand may have helped!!! So thank you for that especially for your advice Buenchico.
They replaced the laptop with a new one. I think it helped that after info read, I looked up the company code of practice, and read that they replace anything found to be faulty within 28 days. The fault was pointed out to them after about 3 weeks originally by my nephew.
It really did help knowing the position on this before I went, as I was also able to fetch the unreasonable 'loss' of the computer and the inconvenience into it.
Again many thanks for your help and contributions....alls well that ends well!!!!....and I have a happy nephew, who was very impressed with the help and advice offered...only I haven't given him the site address or else I will get NO peace!!
Take care all....Pauline
They were okay actually, but I think having the CAB advice and ABers advice printed off and in my hand may have helped!!! So thank you for that especially for your advice Buenchico.
They replaced the laptop with a new one. I think it helped that after info read, I looked up the company code of practice, and read that they replace anything found to be faulty within 28 days. The fault was pointed out to them after about 3 weeks originally by my nephew.
It really did help knowing the position on this before I went, as I was also able to fetch the unreasonable 'loss' of the computer and the inconvenience into it.
Again many thanks for your help and contributions....alls well that ends well!!!!....and I have a happy nephew, who was very impressed with the help and advice offered...only I haven't given him the site address or else I will get NO peace!!
Take care all....Pauline
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