Is this reasonable, what are my rights?

SMC_2

Is it reasonable for a company to charge for reparing the power connector bit of a laptop?

Laptop was bought end of October 2008 so is not even a year old and today I went to put cable in and realised the connecter had moved, can just about see it when I peer in.

Called company who are sending courier tomorrow to collect it but told me that if they think it has been caused by accidental damage then it will be a chargable repair. I have in no way mistreated the laptop so I would be very unhappy if they try to tell me it was accidental damage. Surely it is not unreasonable for this to be covered under the years guarantee as for the power connector to fail 8 months down line then surely that makes it not of merchantable quality?

Anyway just thought I would see if anyone here knows what my rights are.

ABH_3

SMC wrote: »

Is it reasonable for a company to charge for reparing the power connector bit of a laptop?

Laptop was bought end of October 2008 so is not even a year old and today I went to put cable in and realised the connecter had moved, can just about see it when I peer in.

Called company who are sending courier tomorrow to collect it but told me that if they think it has been caused by accidental damage then it will be a chargable repair. I have in no way mistreated the laptop so I would be very unhappy if they try to tell me it was accidental damage. Surely it is not unreasonable for this to be covered under the years guarantee as for the power connector to fail 8 months down line then surely that makes it not of merchantable quality?

Anyway just thought I would see if anyone here knows what my rights are.

You could perhaps argue the 'reverse burden of proof' in that for the last 2 months and a bit you have been waiting for someone to get back to you with some legal advice, they have advised you that under the Sales Of Goods Act 1979, if goods break or go faulty within the first 6 months or so then they are deemed to have a fault and the retailer is expected to rectify that fault at their own expense.

See the two letters here: http://www.bbc.co.uk/blogs/theoneshow/consumer/2009/07/03/sale_of_goods_act_letter_downl.html

HTH

SMC_2

ABH wrote: »

You could perhaps argue the 'reverse burden of proof' in that for the last 2 months and a bit you have been waiting for someone to get back to you with some legal advice, they have advised you that under the Sales Of Goods Act 1979, if goods break or go faulty within the first 6 months or so then they are deemed to have a fault and the retailer is expected to rectify that fault at their own expense.

See the two letters here: http://www.bbc.co.uk/blogs/theoneshow/consumer/2009/07/03/sale_of_goods_act_letter_downl.html

HTH

Thank you, it is the maker of the laptop who is doing the repairs. When I contacted retailer on a previous occasion about a fault they told me they didn't deal with it, had to be maker.

ABH_3

SMC wrote: »

Thank you, it is the maker of the laptop who is doing the repairs. When I contacted retailer on a previous occasion about a fault they told me they didn't deal with it, had to be maker.

No its the vendor the people who sold the laptop to you who deal with it, nothing to do with the manufacturer, you didn't give the money to the manufacturer did you? Send the letter to the retailer\vendor.

HTH

SMC_2

ABH wrote: »

No its the vendor the people who sold the laptop to you who deal with it, nothing to do with the manufacturer, you didn't give the money to the manufacturer did you? Send the letter to the retailer\vendor.

HTH

Well the vendor told me in no uncertain terms that the cover is from the manufactuer and not them.

ABH_3

SMC wrote: »

Well the vendor told me in no uncertain terms that the cover is from the manufactuer and not them.

Please tell me how they told you in 'no uncertain terms' the cover wasn't with them? I need to know, because it damn well is! If I replicate whatever it was they did, I might stand some hope of you believing me too :D;)

You could get additional rights through the Manufacturer, that is if they offered an extended guarantee that the vendor for some reason couldn't honour. But it's always been under the Sales Of Goods Act 1979 as revised the vendor who sold you the item that is responsible. Comet try this cop out all the time! Really gets my goat too, they're responsible doesn't matter how they try to deny you your rights, they are responsible. If you don't believe me, the anonymous guy on the internet then call your local trading standards, or Consumer Direct:

http://www.consumerdirect.gov.uk/after_you_buy/know-your-rights/
http://www.consumerdirect.gov.uk/after_you_buy/making-complaint/complaining-in-writing/
http://www.consumerdirect.gov.uk/after_you_buy/making-complaint/

It is the seller, not the manufacturer, who is responsible if goods do not conform to contract.

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

So there you go, that's my proof. Now go ask your sellers for theirs!

HTH

SMC_2

When I contacted them they gave me manufactuers number, told me it was nothing to do with them.

There is a warranty but that is for a further 24 months, does having this warranty get the seller out of covering the first 12, or should I say, what makes them think it is nothing to do with them.

Esqui

Maybe a slightly misguided person got confused between the manufacturer acting as their repair agent, and the manufacturer dealing with the whole thing.

Bowling_4_Gold

IIRC, there isn't really a defined period of time in which the retailer has to cover faults in the eyes of the law, merely describing it as a 'reasonable amount of time'. Yes, this is normally understood as 12 months, but on rare occasions can be argued to be 6 years. Just go to the retailer and quote a load of legal jargon (e.g. from ABH's post) and ask the assistant for replacement/refund.

SMC_2

Esqui wrote: »

Maybe a slightly misguided person got confused between the manufacturer acting as their repair agent, and the manufacturer dealing with the whole thing.

So if manufacturer are acting as repair agent and they try to charge me for repair I have case to go back to retailer and complain, that given laptop is under 12 months old I shouldn't have to pay for repair?

ABH_3

SMC wrote: »

So if manufacturer are acting as repair agent and they try to charge me for repair I have case to go back to retailer and complain, that given laptop is under 12 months old I shouldn't have to pay for repair?

Ok, AIUI you've got some guy\company coming to collect the laptop and repair it? Or at least inform you as to whether they think you've 'abused' this usually means 'knocked or dropped' laptop and its pressed something into the appropriate hole and therefore pushed the male\female (one fits inside the other) connector further in than it would be expected to be. If they surmise the only way this can or could have happened is abuse.

Then I suggest you tell them not to go any further and instead determine whether it's going to be prohibitively too expensive to just pay for the repair, if so write a letter to the seller\vendor explaining that you don't think the laptop they supplied you meets with the criteria laid out under the sales of goods act relating to durability specifically that it's not durable enough that when the port is used as per the manufacturers specification to push\pull the required connector that it has failed. Inform them that you will be looking towards them solving the problem without charging yourself, as to do so would require you to take them to court for damages in order to reimburse you for the out of pocket expenses for a repair that isn't your fault. This assumes of course you've not let your x year old baby spend a couple of hours pushing a pencil into the very hole that your supposing isn't durable enough to last the life of the laptop.

Of course if you hadn't stopped them and they retrieve a pencil lead or a half bent paper clip out of that particular area, you're sunk and will be paying for a repair! But that should be enough to convince them you know what you're doing\writing about. Just mention 'Sales Of Goods Act 1979 as revised... laptop parts durability etc' or use one of the template letters on the sites suggested, or call consumer direct and they will tell you what to write etc. Chances are it will be a bit of solder and the laptop will be back with you, but just in case it's not it's good to be prepared isn't it? So take a photo or two of the 'damaged areas' before handing the laptop over to the repair guy, just to be on the safe side. If you've got a witness to the extent of any damage\failing to the laptop that might help too.

Good luck.