carphone warehouse...faulty laptop

forestpottsy

Hi. On Otober 18th we bought a dongle and laptop bndle from Carphone Warehouse. The dongle was with T-mobile. When we got it home, we discovered that a) there was no sim card in the pack; b) the laptop did not have a Cd drive, something we specifically requested and c) the laptop wouldn't boot anyway. We took it back, and got a sim card and changed the laptop. When we got home again, the sim hadnt been registered and it was now too late to do anything that night. The next day we took it back again and decided after all the tooing and froing we might as well upgrade to a better laptop.

t-mobile wouldn't upgrade the contract (we later found out that this was because the 1st contract wasnt properly cancelled by CWarehouse and t-mobile thought we were trying to take a 2nd contract out 24hrs after the first and so refused, understandably).

We had to settle for Orange as at this point we didnt know what the problem was with T-mob. This was when we got the Fujitsu laptop.

Several weeks later we sorted out the mess that was the t-mobile contract with yet another visit. The manager flatly refused to compensate us for all the hassle.

Today, 2 months after purchase, the screen on the laptop has gone. It appears that the backlight has failed ( I have checked all the resolution etc), you can still see the screen but only just and at an angle.

Carphone warehouse have refused to replace the laptop and have told me that it must go to Fujitsu to be repaired.

I am not happy with this as it would then mean I have a refurbished laptop when I have paid for a new one. They state a 28 day period and say I am past this. I was under the impression that it was 6 months for products like this under the sale of goods act as it would be classed as an inherent fault and the onus is on them to prove otherwise. Also, if bits are starting to pack up after only 2 months I am not confident it will last much past the 12 months warranty period!!!!! Whats to say the person that put it together wasn't hungover????!!!! I have no confidence in the unit if its already going wrong.

Also my contract for purchase is with Carphone Warehouse and not Fujitsu so the onus is on CW?

Please help cos I wish I'd never walked in thro their door!!!!!

markelock

does your contract say anything about what should happen in the event of a fault?

I would suggest you are right, you have the contract with CW and not with Fujitsu Siemens. (I presume it's a Fujitsu Siemens not just a Fujitsu)

In any event, after a single fault, it's unlikely you'll get it replaced with a new one. I don't think you should have to pay to send it back either. Might be worth taking it back into the store, and politely, but loudly enough for other people to hear, ask for them to send it back.

forestpottsy

the back of the contract says 28 days and then its repair or replace. I have been back to the store but the manager is not there until today. surely I can reject the item as faulty, going back to the 6 month thing under SGA they have to prove the fault did not exist at time of purchase which is virtually impossible to do. The managert on the helpline admitted he was not trained that far under the sale of goods act and I would have to escalate it to the legal dept. All I want is a working laptop!!!!

Even tho its only one fault it is still a fault and therefore not fit for purpose ( I cannot use it) and has not lasted a reasonable time as it should do under SGA, therefore I can reject it as faulty?

Blacksheep1979

forestpottsy wrote: »

I am not happy with this as it would then mean I have a refurbished laptop when I have paid for a new one.

And you got a new laptop when you bought it - it isn't new now. It is up to the retailer whether you get a repair, refund or replacement.

Tozer

Blacksheep1979 wrote: »

And you got a new laptop when you bought it - it isn't new now. It is up to the retailer whether you get a repair, refund or replacement.

If it was new when OP got it then OP is entitled to a replacement NEW laptop.

Blacksheep1979

Tozer wrote: »

If it was new when OP got it then OP is entitled to a replacement NEW laptop.

under what uk legislation?

If my NEW car breaks down after xxx time does that mean I am entitled to a replacement NEW car by your wonderful logic?

markelock

Blacksheep1979 wrote: »

under what uk legislation?

If my NEW car breaks down after xxx time does that mean I am entitled to a replacement NEW car by your wonderful logic?

if you are, canI have your old one?

Blacksheep1979

d.edna wrote: »

He has a top model BMW X5 if you still want it

But no underseat BMW toilet

But the locking wheelnut is broken - that's why I got a new one as I 'know my rights' and 'gave it to the manager' + many other choice phrases

smcaul

Oh grow up children. Comparing a laptop with a car is a bit extreme is it not!

Regardless of what the contract says about 28 days, it will also say somewhere "This does not effect your statutory rights", remind CPW that you are returning the laptop as not fit for purpose and require a replacement. It is their responsibility not the manufacturers.

Blacksheep1979

d.edna wrote: »

Oh right

Did you give that manager a peice of your mind?

Possibly, or I might have had it out with them

smcaul wrote: »

Oh grow up children. Comparing a laptop with a car is a bit extreme is it not!

Why - both are items you can buy?

smcaul wrote: »

Regardless of what the contract says about 28 days, it will also say somewhere "This does not effect your statutory rights", remind CPW that you are returning the laptop as not fit for purpose and require a replacement. It is their responsibility not the manufacturers.

and unfortunately your statutory rights state that once you've accepted the goods, something that you will have deemed to have done after 2 months, you don't have the choice on whether you get a replacement - as previously stated that's up to the retailer to decide (replacement/repair/refund).

So before you go calling people children, why don't you go learn something that I did many years ago when I was a child - to read.

smcaul

Oh believe me I have learnt a lot. And it is not up to the retailer to solely decide, it is down to the two sides to decide together. Acceptance really only means you can not have a refund, which in this case the OP is not asking for, they are asking for a replacement, which on a 2 month old computer is quite acceptable.

And to take your analogy further would you expect a refund on a new house if the boiler or a light did not work? So the type of goods and their value would make all the difference should it go before a judge. Which is why I originally pointed out that your analogy was a bit silly!!!