Rights - Laptop Repair - Inherent Fault Repaired but Only Lasted 9 Months

scoopster123

I am hoping that someone can please help me with a problem i have with HP.

We have an HP Pavilion DV6000 Laptop purchased 2-3 years ago which has an Inherent Fault.

July 2008 - Inherent Fault - Graphics Problem

We searched the web and found many many people had this problem. Upon Phoning HP they confirmed that it was an inherent fault and that they would repair the Laptop Free of Charge. Which they Did!

April 2009

Laptop Inherent Fault Returned. Phoned HP who now refuse to fix the laptop. Stating it is outside warrenty. I have done some reading and during my final phone call with HP THis morning have stated that i am willing to go to court, and now will be drafting a letter to state as much (assuming my visit to Citizens Advice goes well!!)

What are my rights with the following.

Repaired Item has Failed - Does a repair or replacement part not suppsed to have 1 year warrenty?

If an item has an inherent fault which the company has admited too and repaired previously for this problem. If it goes down again within 1 year of their repair they obviously did not repair the item as they said they would.

Having a Laptop 3 years which then dies due to an inherent fault this is not in my eyes fit for purpose. Upon searching the web i came across a case of a guy whos washing machine died after 4 years> He successfully took the company to court and won on the grounds that he spent £300 on a washing machine which should have lasted more than 4 years. He won!

If i have spent £600 on a laptop is it not reasonable to expect it to last more than 3 years?

Thanks for your help in advance

Regards

Trevor

Esqui

Generally a repair will have a 90 day warranty. I'm not sure as to what the law says about repairs, but I would expect that if it's the same fault, you have a good case for getting it repaired again.

vikingaero

This sounds like the problem with the NVidia MGS graphics cards on HP laptops.

There is a latent defect with these laptops. I had a problem with my Zoostorm and had to pay to have it repaired. It's working fine so far. My current laptop has an ATI Radeon graphics and I won't buy anything by NVidia ever again.

davewarman

I have had my HP DV9385 under 2 years, it cost £1000 and is now usless due to nvidia chip. I am banging my head againt the wall with HP who want over £300 to repair any help contacts appreciated, and any help found will be forwarded.

4743hudsonj

davewarman wrote: »

I have had my HP DV9385 under 2 years, it cost £1000 and is now usless due to nvidia chip. I am banging my head againt the wall with HP who want over £300 to repair any help contacts appreciated, and any help found will be forwarded.

ha yeh i had a dv9572

thought it was brilliant to get its specs for the price but i soon regretted it

but cant complain

because of the fault with the whole dv nvidea chip series im now sitting with a nice sony viao with an ati radeon chip

never again will i trust hp and not for a while will i trust nvidea

yummymummy79

daily wrote: »

Use the EU 2 year warranty directive 1999/44/EC

The seller of a product is "liable to the consumer for any lack of conformity which exists when the goods are delivered to the consumer and which becomes apparent within a period of two years, unless, at the moment of conclusion of the contract of sale, the consumer knew or could not reasonably be unaware of the lack of conformity."

At the risk of repeating myself from a different thread, this is not actually true in UK law. We have had the Sale of Goods Act for the last 30 years which offers more than this directive so it wasn't implemented into UK law, so please please please PLEASE can people stop quoting it, aarrrgghh!

It certainly sounds good and something that anyone with faulty goods would be pleased to know about but it just isn't relevant to our laws.

The word warranty gets thrown about in the same vein as SOGA but they are completely different and completely separate. Warranty / guarantee is given by manufacturer and limited to it's T&Cs re repair/replacements and what you can expect.

SOGA is against the seller, up to a maximum of 6 years and is dependent on circumstances of each case, but generally you've got the options of repair/replacement/refund/partial refund.

So with OPs problem, as it's been already repaired by the manufacturer, it's unlikely that going back to the seller now is going to be a good option, it's usually one track or the other rather than a bit of both.

There is nothing in law specifically about timescales of warranties on repairs by manufacturers, because again it is relating to the T&Cs of the warranty/guarantee. However, there is a the general expectation that work done will be of a good quality, so it could cross over to the Supply of Goods and Services Act utilising the services aspect not being done with reasonable care and skill which would give you some options of getting something back from the manufacturer.

The trouble with OPs issue is that there is crossover between rights/responsibilities under the warranty/manufacturer and SOGA/retailer and you can't go down both routes, need to pick one or the other then stick with it. You cannot bring up fit for purpose/satisfactory quality with the manufacturer because this is simply not relevant to them and if you went to court mentioning it you would fall at the first hurdle and look silly!

You don't say where you bought it from but if it's Currys/Comet/PC World then you'll need double good luck!

4743hudsonj

yummymummy79 wrote: »

You don't say where you bought it from but if it's Currys/Comet/PC World then you'll need double good luck!

this is true

i wrote a letter to them regarding the same fault as the op

response : "thankyou for your phone call.... we are sorry that you did not like your new hp laptopo but we are sorry to say that we do not currently offer refunds on the basis of customers changing their mind.....)

i mean

did a blind person read it?


lol

the business as a whole is a complete mess

1thorus

Relevant or Related Legislation:

Sale of Goods Act 1979. Supply of Goods and Services Act 1982. Sale and Supply of Goods Act 1994. The Sale and Supply of Goods to Consumers Regulations 2002.
Key Facts:

• Wherever goods are bought they must "conform to contract". This means they must be as described, fit for purpose and of satisfactory quality (i.e. not inherently faulty at the time of sale).
• Goods are of satisfactory quality if they reach the standard that a reasonable person would regard as satisfactory, taking into account the price and any description.
• Aspects of quality include fitness for purpose, freedom from minor defects, appearance and finish, durability and safety.
• It is the seller, not the manufacturer, who is responsible if goods do not conform to contract.
• If goods do not conform to contract at the time of sale, purchasers can request their money back "within a reasonable time". (This is not defined and will depend on circumstances)
• For up to six years after purchase (five years from discovery in Scotland) purchasers can demand damages (which a court would equate to the cost of a repair or replacement).
• A purchaser who is a consumer, i.e. is not buying in the course of a business, can alternatively request a repair or replacement.
• If repair and replacement are not possible or too costly, then the consumer can seek a partial refund, if they have had some benefit from the good, or a full refund if the fault/s have meant they have enjoyed no benefit
• In general, the onus is on all purchasers to prove the goods did not conform to contract (e.g. was inherently faulty) and should have reasonably lasted until this point in time (i.e. perishable goods do not last for six years).
• If a consumer chooses to request a repair or replacement, then for the first six months after purchase it will be for the retailer to prove the goods did conform to contract (e.g. were not inherently faulty)
• After six months and until the end of the six years, it is for the consumer to prove the lack of conformity

hope this helps

RobertoMoir

4743hudsonj wrote: »

this is true

i wrote a letter to them regarding the same fault as the op

response : "thankyou for your phone call.... we are sorry that you did not like your new hp laptopo but we are sorry to say that we do not currently offer refunds on the basis of customers changing their mind.....)

i mean

did a blind person read it?


lol

the business as a whole is a complete mess

Hopefully you're going to write back to someone higher up the chain with a copy of the unsatisfactory reply you've received and tell them you'll be sure to remember their advice about changing your mind for the future, but in the meantime would they like to look at the faulty laptop?

4743hudsonj

RobertoMoir wrote: »

Hopefully you're going to write back to someone higher up the chain with a copy of the unsatisfactory reply you've received and tell them you'll be sure to remember their advice about changing your mind for the future, but in the meantime would they like to look at the faulty laptop?

oh dont worry its sorted

basically i made the complaint whilst the laptop was in for repair and i eventually got someone with my letter in their hand to write and phone me and said theyd take a look and contact me

but meanwhile the repair overran the 21 day policy on my extended warranty and i got it written off and replaced with a vaio anyways

so im happy


still never heard back from him though

funny that

RobertoMoir

Glad to hear it. The more we all stand up and refuse to accept shoddy service the more, hopefully, companies will stop doing it as a matter of policy.

In the words of the advert, "I'm a Mac" myself so I'd rather have the Macbook pro, but enjoy your new Vaio :-)