Refund on Faulty Nine Month Old Laptop

Fire_Fox

Hi

My Fujitsu Siemens laptop has an intermittent fault of the screen jumping. FS have told me they will repair under the one year manufacturers warranty but will not guarantee the repair! :mad: I can't be bothered with sending the machine away for two weeks, only to have it potentially break again in September when the warranty has expired. FS say I should buy an extended warranty which I think is taking the mick.

I have decided to return the laptop to Staples for either a refund or possibly a replacement of a different brand, and understand the SOGA would allow me a partial refund. I definitely do not want another FS laptop if they only expect their machines to last for one year. The laptop was purchased for £380 nine months ago, what price is reasonable to expect for a refund?

Thanks!

4743hudsonj

well i think your jumping the gun if im honest, you dont know if it will happen again.

i think a repair is your best bet as a laptop of that price would be expected to last more than a year but not a hell of a lot so any partial refunds will be so small that you will just waste money on a brand new laptop.

i would atleast accept this repair and if it goes wrong then it doesnt matter coz you are covered by soga even after your warranty has expired.

Fire_Fox

Sorry if I was not clear, the fault has been intermittent going back about six weeks. It seems to happen for a few days, and then not happen for another few days ... I did not mention it earlier but the letters on four of the keys have already worn out and one of the USB ports has lost a bit of plastic from inside, yet the Compaq I had before lasted five years (only replaced as too slow).

The reason I have decided on a refund rather than repair is FS customer service. I don't really want to be without my laptop for two weeks (five days with FS plus travel time), and I am concerned they may not find the fault in the time they have available. I would expect any repair to have a full one year warranty, and don't want to have to make a fuss about the SOGA to get that. I am a student so I need a reliable laptop that I can use on a daily basis.

With the benefit of hindsight I don't think I should have bought an FS but money was tight at the time. I just want to know how how any refund is calculated; I would expect a cheaper brand laptop to last two or three years and a decent brand to last five years. Is there a rule of thumb to work out what percentage of a full refund you are entitled to?

McKneff

i dont think you would actually be entitled to a refund/partial refund at the moment. I think a repair, at this time is your only option. Give trading standards a ring if you are unsure.

Fire_Fox

A repair is no good: I have paid for a laptop that I need to use on a daily basis and can't be without it for the two weeks quoted by FS. To me this is not 'fit for purpose', as the manager at Staples was told I am a student. As it is it's going to cost me whatever option I am offered, as I need to buy an external hard drive to put all my college work onto. I am worried that they will say they can't find the fault in the time available as it's intermittent.

I am intending on going to Staples tomorrow to start the ball rolling - so no time to ring Trading Standards altho I will later in the week if necessary. Can I ask for a replacement of the same brand rather than a repair? I don't think they sell the same model anymore, I can't find any FS on their website!

Fire_Fox

"The retailer has said that a repair is "disproportionately costly" and insists I accept a replacement as an alternative. Must I accept this?
Yes, and vice versa if you request a replacement and this is "disproportionately costly". However, remember any remedy has to be carried out "without significant inconvenience" and within a "reasonable time" for the consumer. Remember that you could also seek damages instead.

Neither repair nor replacement of the goods are possible. What can I do?
You may either pursue the old route of damages or a partial or full refund. Probably either would give you exactly the same amount of money. You would seek a full refund in scenarios such as those where you had enjoyed absolutely no benefit from the goods. If you had benefited from them then you would seek a partial refund as a fair remedy. This is exactly the reasoning that would be employed if you sought damages.

What does the "reversed burden of proof" mean for the consumer?
It means that for the first six months the consumer need not produce any evidence that a product was inherently faulty at the time of sale. If a consumer is seeking any other remedy the burden of proof remains with him/her.
In such a case, the retailer will either accept there was an inherent fault, and will offer a remedy, or he will dispute that it was inherently flawed. If the latter, when he inspects the product to analyse the cause, he may, for example, point out impact damage or stains that would be consistent with it having been mistreated in such a way as to bring about the fault.
This reversal of the usual burden of proof only applies when the consumer is seeking a repair or replacement. After the first six months the onus of proof is again on the consumer."

http://www.berr.gov.uk/consumers/fact-sheets/page38311.html

This is very interesting as FS told me on the telephone that the screen jumping is a common problem, implying that there is an underlying fault with the machine.

scullster

The Sales of Goods Act say that the retailer has a duty to get the goods repaired in a reasonable period of time - 2 weeks is more than reasonable as the item is to be shipped back to base.

The terms of the warranty (engineer call out, or return to base and timescales) will have been disclosed in the T&Cs at the point of sale. If you didn't agree to them, you should've purchased additional warranty cover to get the service you want.

They wont offer you a replacement on a 9mth old laptop - they are not obliged to, that would be bettering what you have got now - they have to eithe repair or consider a partial refund commensurate with the use / age of the unit.

Fire_Fox

I still have all the paperwork supplied when I bought the laptop - no terms and conditions beyond the first month. My contract is presently with Staples and I have only been provided with basic warranty information by FS (phone numbers). I don't need an extended warranty I need a machine that is reliable - I expected that to be at least one year.

I don't think it is unreasonable to ask for a partial refund for this specific machine and my personal circumstances. Maybe I am way off the mark, but I still intend to try. Please does anyone know how a partial refund is calculated?? What I don't want to do is steam in asking for a ridiculously high or stupidly low amount of money given the nine months of use.

daily_2

You'll only get offered a refund if they can't repair it, and they won't know that until you send it off for 2 weeks. Your personal circumstances are not relevant.

Long fingernails?

elsien

Re warranties though, this was in yesterday's paper - we apparently have more rights than most people realise.
http://www.guardian.co.uk/money/2009/may/23/tesco-consumer-guarantee

Fire_Fox

Thanks Elsien my father had already shown me the Guardian article, and I intend to use it if necessary.

I can't believe I am having to explain myself to everyone. I may be in the wrong or I may not: Staples may or may not agree to a refund. My question is still valid: how do I work out what is a fair partial settlement? Is there a rule of thumb?