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Help with Sale of Goods Act and a faulty laptop
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stevem999
Old 26-06-2009, 4:02 PM
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Default Help with Sale of Goods Act and a faulty laptop

Hi everyone,

I have a HP laptop which I bought 21 months ago. Of course it is out of 12 month warranty, but it is of a range that is known to have overheating problems with the graphics chip. However according to HP, my exact product code does not seem to be one of those listed as having an inherent fault, although lots of web evidence to the contrary. My fault is with the graphics chip and overheating - even down to the plastic panel that covers it being slightly warped (I hadn't noticed until it packed in!)

Anyway, even if it wasn't inherently faulty, I don't think it is unreasonable to not expect an expensive item (650+ at time of purchase), to fail after only 21 months, warranty or not.

I have approached the manufacturer and they say they won't touch it and would only offer an out-of-warranty repair at fixed price of 261!! I was also advised that my contract is with the retailer, so I have contacted them and they say it is over 12 months old, and if I thought there was a fault then I needed to have raised it with them in the first 6 months after purchase. Apparently I have a crystal ball.

I'm just looking for some advice on where to go next, and exactly what my rights are - anyone I should be speaking to, or a step by step guide on what letters to write etc?

Many thanks
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# 2
pkangloo
Old 16-09-2009, 7:45 PM
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Default similar problem

Hello, I am experiencing similar problem. The model of my laptop is DC2799. I have contacted PC world and HP but both declined to repair my laptop, which is 18 months old (6 months past the warranty). I paid 1000 pounds for the laptop

Can you please tell me what you have done so far to chase up with the repair.
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# 3
MissGolightly
Old 16-09-2009, 9:28 PM
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Hi, first post (woo) I work for a laptop repair centre (another manufacturer).

There are regular service bulletins released for current models, stating known issues and fixes, these are applied to all laptops of relevant model when they come in, regardless of the reported issue. However, once a laptop is out of warranty the customer is not entitled to these repairs. I think this is fairly standard across all manufacturers, as it is just opening the floodgates if these apply for any longer than the stated warranty period. The manufacturer saying that it does not apply to your model may well be true, as what is said on an internet forum, and the actual truth of the matter are two different things. I often get people phoning me telling me that they wouldn't expect a battery to fail after only 12 months and they read somewhere that it happens a lot with x model, it seems if enough people gather complaining of the same thing it becomes an accepted truth.

Regardless of if it is a known issue to the manufacturer or not, if HP is anything like the manufacturer I work for, there is a chain you can go through to dispute this, first go to the retailer you bought it from, if they do not offer a resolve, they will have an accounts manager, demand to speak to them, nine times out of ten if you threaten legal action they will repair as a goodwill gesture, and also because they are not willing to go to court.

You could throw in the danger element too, if the heat has been great enough to actually melt the plastics who knows what damage it could have done to your home. Have you been using the laptop correctly, i.e. not on your lap at all, but on a flat well ventilated surface? And mentioning that you will be contacting local newspapers is always a good way to get things moving.

Sorry it's not so much black and white advise, but do be encouraged that they can and will back down, and keep us updated. Always good to know how the competition's doing!
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# 4
djb215
Old 16-09-2009, 9:42 PM
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Welcome itselliebell

Stevem999 and pkangloo you both need to write to the Head Offices of the retailers you purchased your laptops from.

Forget "it's out of warranty" or "should have brought it up within 6 months".

You need to remind them of their obligations under the Sale of Goods Act, that goods should last for a reasonable amount of time without developing faults and of acceptable quality, ask that they arrange for a repair or replacement and to respond within 10 working days of receiving this letter.

Be aware that they could ask you both to have independant reports done on your laptops to confirm the faults are inherent, as after the first 6 months the burden of proof changes from the retailer to the consumer. If the reports confirm that faults are inherent then you should proceed ask the retailer to arrange a repair, if they still refuse, small claims court.
[DISCLAIMER: Any posts made by myself are my opinions and do not represent my employer]

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