Computer software consumer rights

Leo2020

My understanding of point 4 is that PC World don't tell customers that it has invalidated the warranty, just that the customer will need to reinstall Windows so PC World can diagnose the fault. I believe some stores were telling customers that it invalidates the warranty but they were wrong for doing so and have been told to tell customers to reinstall Windows. If other stores are doing it then they shouldn't be.

If the customer doesn't want to install Windows themselves then someone at the shop or the repair centre should do so for them.

What other retailers do I don't know.

Also the warranty is on the hardware not software, hence your other points about charging for a system restore. PC World charge because it isn't covered under the warranty. And why should it be? Most of the time a system restore is needed it is down to a problem caused by the user.

However, if it wasn't user error and it turned out the PC had a faulty component then PC World should refund the customer for the restore.

After the first 6 months the burden of proof is on the customer. But as PC World provide a 12 month warranty on hardware then they should still repair or replace as part of the warranty regardless of the OS installed.

But as you know that the warranty is on the hardware not software, surely you know that telling a customer that installing Linux has invalidated the warranty is wrong?

Esqui

Leo2020 wrote: »

If the customer doesn't want to install Windows themselves then someone at the shop or the repair centre should do so for them.

Generally, I'd do it if there was a fault that could be hardware or software. If it's definitely software, then I may fix it there and then for them...if they're nice

But as you know that the warranty is on the hardware not software, surely you know that telling a customer that installing Linux has invalidated the warranty is wrong?

Yes, which is why I wouldn't do it. Although I've not seen anyone who's replaced Windows with Linux. It was a hypothetical situation anyway, but it wouldn't surprise me if it happened. In fact, I often use and Ubuntu live CD to diagnose some faults anyway!

Photo_Stylus

I wonder if all the problems started after IE8 installed as an update.

Its made my system so unstable i restored it back and disabled updates.

Problem with it is that it also affects windows explorer.

WolfyUK

I just found this thread whilst Googling for consumer rights as I have a similar query regarding computer hardware and software.

I bought an Acer Aspire 5535 in a rush last week from an independent trader in Tottenham Court Road on my Visa credit card. It came with Windows Vista Basic and I reformatted it with Windows 7 Ultimate in order to install some development software (SQL Server 2008 and Visual Studio 2008 Professional). During the installation of both pieces of software the laptop would sometimes lock up, the screen would go black or I would get the marvellous Blue Screen of Death (yes, it still exists with Windows 7).

Googling the product it quickly became clear that this particular laptop has problems with pretty much any operating system apart from Windows XP (there's even a YouTube video explaining how to re-install XP!), so as far as I was concerned this product was sold as not fit for purpose. Before going back to the store I re-installed Vista Basic so that it was in the same state that I purchased it in and when I explained to them the problem they refused a refund but said they would get their engineers to investigate.

Unfortunately I did not get the chance to see if the software would fail in its install on Vista Basic (and more importantly in front of a member of staff) before having to return to Leeds, so I left the laptop with them and they promised to post it back to me when they were done. Having just got off the phone to an 'engineer' it was clear that the laptop has just been sitting on the shelf for the last six days as they had not investigated the problem at all, and in the meantime I have had to buy a replacement laptop from Argos, taking me up to credit limit on my card.

Please can anyone advise on my rights in this particular case? Is the retailer allowed to say that the computer may not run certain pieces of software? Can they ignore written evidence from users experiencing exactly the same problems?

Thanks,

Marc

ihatecaptcha

WolfyUK wrote: »

Googling the product it quickly became clear that this particular laptop has problems with pretty much any operating system apart from Windows XP (there's even a YouTube video explaining how to re-install XP!), so as far as I was concerned this product was sold as not fit for purpose.

Lots of people have problems with Vista. It's probably not the laptop's fault. Since Vista is the supported OS, you can get help with the problems.

Is the retailer allowed to say that the computer may not run certain pieces of software?

Obviously not all PCs/laptops are capable of running all software. You can try, but if it fails you have no comeback unless that particular software is supported on that particular machine. Acer's support website states (of its Aspire notebook range):

"Installation Of An Operating System Not Shipped With The System
We cannot recommend or support the installation of an operating system other than that shipped on the system. Support is available only for the shipping operating system."

At http://www.acer.com/windows7/eng/ you can check if your laptop is capable of running Windows 7 (once you get the laptop back).

Best time to research a computer thoroughly is before buying.

Can they ignore written evidence from users experiencing exactly the same problems?

Evidence of what? Problems with Vista? The retailer or the manufacturer should offer support, since that's the supported OS. They have no obligation to assist with problems running any other OS.

WolfyUK

Hi,

Thanks for the quick reply. The Microsoft website says that the software I have tried to install is supported by Vista (although it doesn't specify which versions - does that mean all?). I know all about problems that other people have had with this awful operating system, but surely it is not acceptable if this leaves the laptop unusable?

As I'm a new user here, the MSE forum won't let me post any links to the evidence I was referring to, but try searching Google for 'acer aspire 5535 problems' to see the sort of thing I'm talking about. Basically, it is other owners with exactly the same problems running Vista on this particular laptop.

I agree about researching the product before the purchase, and this was the first time I can remember in my recent life that I have not done so before buying pretty much anything. Unfortunately I was in a rush at the time as I needed the machine urgently in London whilst I was down there on business, and someone recommended that I visit TCR. Never again.

ihatecaptcha

WolfyUK wrote: »

The Microsoft website says that the software I have tried to install is supported by Vista (although it doesn't specify which versions - does that mean all?).

What software are you trying to install? You'd probably be better off posting this part of your question on the tech board. In your OP you said you ditched Vista and installed Windows 7, and then encountered problems trying to install SQL Server 2008 and Visual Studio 2008 Professional. So it's irrelevant that that software is supported by Vista, because you weren't running it under Vista, you were trying to run it under Windows 7.

I know all about problems that other people have had with this awful operating system, but surely it is not acceptable if this leaves the laptop unusable?

How do you mean "unusable"? Do you mean because you can't run the software you want to run? If Microsoft say Vista supports the software you want to run, but you run into problems with it, it's not a problem with Acer's laptop, it's a problem with Microsoft's software. Hardly unusual. Nag your retailer to get cracking on the problem.

WolfyUK

As mentioned before, I mean 'unusable' in that the laptop:

• Locks up
• Screen goes blank
• Goes Blue Screen of Death

I know I installed the software on Win7 but from other users' experience it seems that problems occur on Vista too. As I said, I did not have the chance to test on Vista itself before having to return to the store and then head up north. I have a feeling that this is where my downfall will be, especially if the engineer cannot replicate.

ihatecaptcha

You can't reasonably complain that a laptop's unusable because it crashed after you changed the OS.

Even if it crashed under Vista it wouldn't be a problem with the laptop, it would be a problem with Microsoft's software.

Esqui

Remember, the plural of 'anecdote' is not 'evidence'. No retailer will accept several people on the internet having the same problem as proof of a fault.