Who is in the right?

johnf23

I bought a new Acer Timeline range laptop - Acer 3810t on the 19th Aug 09. Using it for first few hours were great, then noticed something abnormal, it crashed and starting heating up. So i thought hmmm its just a one off, 8 days later i had enough and took it back to Comet to see what could be done about it, explained the problem in every detail (and with quite a few years of computer knowledge i knew there was a fault).

Comet: "We'll send it to Acer to see what they say and do a repair if necessary"
After some complaining about the little time i had it, i agreed.
Also, i was told by 2 Comet staff (including the manager), that they have a policy where if the item is seen to be having problems, they need to send it to the manufacturer for them to authorise a refund/repair/replacement.

So after a few weeks WITHOUT MY NEW LAPTOP, i get it back, only for Acer to say "It's fine, you expect it to slow down because of the processor" ... but mines CRASHED!

I was then told by Comet that they can't do anything more for me so i had to deal with Acer myself. After 6 massive emails to Acer complaining, detailing my problem and bringing up sale of goods act, i got no where.

THEN i found this...
customercare.acer-euro .com /customercare/AcerUpdate.aspx?CID=GB&LID=ENG&IType=JM31

So it turns out there was a fault with some of the laptops including mines, so it actually means i was CORRECT that there was a fault, and Acer previously gave me the all clear a few weeks back.

So i decide to back to the retailer Comet, to see if i can claim money back considering it is not fit for purpose under the sale of goods act and is also faulty. Comet again said they need Acers approval. So i decided to contact Acer to see if they can grant my refund.

They turn round and say this:
The warranty and your statutory rights are two separate items. When you buy goods from a retailer you enter into a contract under the Sale of Goods Act 1979 (as amended). This contract holds the retailer liable for up to six years after purchase (Limitation Act 1980), providing that you can show that the problem you have experienced is down to an unreasonable fault and not normal wear and tear.
If you feel the problems you have experienced are due to an unreasonable fault and/or you require a refund, or a replacement, then you must pursue the matter with your retailer.

What should i do now? I had my laptop sent in for the safety recall considering that was my only option but surely one of them are in the wrong? Both of them are conflicting when telling me who to ask for a refund. Please help!

vyle

Your contract is with comet. Considering the item is faulty and has been recalled, surely that would fall under their warranty procedure anyway?

If you do have to invoke SOGA, considering it's less than 6 months old, it's COMET'S duty to prove the item isn't faulty, so down to them to deal with acer to prove whether or not it is faulty.

ihatecaptcha

Did you submit your serial number on the safety recall page? Did it say send it to Acer?

If it said that your machine was not from one of the batches where the fault has been identified, you might go back to your retailer and ask them to send your laptop to Acer for checking again, in the light of the advisory.

johnf23

Hi, thanks for replying

On the day i received notice of the recall, i immediately went on to the website to check my S/N and it said it was a laptop which need to be called in. So off i went to the Comet the very same night.

They said again "all we can do is send it to Acer as instructed but we can't give you your money back or replacement unless Acer say so". I have already brought up SOGA numerous times and they keep saying they have to do whats in their so called 'policy'. What's more annoying is the fact that i spotted there was a fault with the laptop and Acer denied it....then a few weeks later Acer ask for it back. I wonder what they actually DID when it was sent in the first time? hmm.... Anymore feedback guys is great!

From the very beginning i was sure it was just the retailer i had to deal with!

Esqui

I'd just send it off under the recall program and you'll receive it back fixed and working..

wuckfit

johnf23 wrote: »

Hi, thanks for replying

On the day i received notice of the recall, i immediately went on to the website to check my S/N and it said it was a laptop which need to be called in. So off i went to the Comet the very same night.

They said again "all we can do is send it to Acer as instructed but we can't give you your money back or replacement unless Acer say so". I have already brought up SOGA numerous times and they keep saying they have to do whats in their so called 'policy'. What's more annoying is the fact that i spotted there was a fault with the laptop and Acer denied it....then a few weeks later Acer ask for it back. I wonder what they actually DID when it was sent in the first time? hmm.... Anymore feedback guys is great!

From the very beginning i was sure it was just the retailer i had to deal with!

This is absolute nonsense, I've had to fight with comet on a number of occasions as they attempt to hide behind their company policy. Stand your ground, demand to speak to the manager.

Far too many of the big chains invoke "policy" which is totally at odds with the sale of goods act.

johnf23

Ok you are saying that, and i do love the laptop thats why i bought it in the first place

But, the thing that worries me is, if it still has problems with heating up and crashing...what do i do then ?!?!?

Acer have already looked over it once and said "It's perfectly fine, have it back", they can surely do it again

I have been unable to use it since date of purchase (which is 2 months now), so even if i dont get a refund, arent i due some sort of compensation considering i might have really needed the laptop? I work from home aswell, its just lucky i have a computer also

johnf23

wuckfit wrote: »

This is absolute nonsense, I've had to fight with comet on a number of occasions as they attempt to hide behind their company policy. Stand your ground, demand to speak to the manager.

Far too many of the big chains invoke "policy" which is totally at odds with the sale of goods act.

Haha, demand to speak to the manager? IT WAS THE MANAGER WHO SAID IT TO ME!!! lol....i want to speak to this manager again and ask to show me this so called policy, she was the one who told me "Well you have to deal with Acer now, bye".

Whats more annoying is that another family member of mines had an Acer-one laptop for 9 MONTHS from Asda, he took it back to the store because the battery wasn't charging. Asda gave him his money back...

8 days i had my laptop for and Comet say No

wuckfit

In that case, contact trading standards for Comet breaching the Sale of Goods act.
every time I've shopped at Comet, I've regretted it. Also my wife was mis-sold a Time Card. "we'll just send you an invoice" was what the assistant said.
I'll never buy from comet again.

johnf23

closed wrote: »

What do you mean by crash?

The whole computer freezes, and when i open up Task Manager the CPU Usage sticks at 100%.

This can even happen when i am not running any third-party applications e.g. Yahoo Messenger

I try restarting the laptop sometimes and it actually STARTS UP slow...

Esqui

johnf23 wrote: »

But, the thing that worries me is, if it still has problems with heating up and crashing...what do i do then ?!?!?

I would imagine that the fix Acer would do would stop that. If not, there's another problem...but let's not start worrying about what probably won't happen.

I have been unable to use it since date of purchase (which is 2 months now), so even if i dont get a refund, arent i due some sort of compensation considering i might have really needed the laptop? I work from home aswell, its just lucky i have a computer also

Completely understand here, but I'm not sure they'll give compensation for what 'might' have happened.


To be quite frank, I'm surprised that they didn't exchange it after 8 days - though looking on their website, I can't see anything that says they will exchange faulty goods within x days. Under the law, their decision to send to repair is just about sound. Under common sense, it's much more shaky. Under customer service, it's ludicrous....I'd have tested it for a bit in store and exchanged it if it was faulty (OK, I'd have had to..but still)