Possible hardware problem after software change is the retailer liable?

cepheus

This question is for a friend of a friend so forgive me if it is lacking in detail

A consumer has bought a new HP desktop computer, however he asked the retailer to replace Windows Vista with Windows 7 software before taking it away. On starting it up there seems to be a problem, a diagnostic check implies a memory (hardware failure). The Retailer now says the HP warranty is invalid due to the software change, and no-one will repair or replace it under warranty.

My understanding is that the Retailer is still liable under the trade descriptions act and are always the first port of call, whether a software or hardware fault. However, I have doubts if the consumer has a receipt which clearly states what changes were made.

Where does this consumer stand with respect to the law?

Jakg

Restore PC to Vista, problem solved.

Look up the case on PC World, laptop hinges and Linux if you want the low down on warranties and changing the OS on the PC

KeithP

cepheus wrote: »

Where does this consumer stand with respect to the law?

Retailer should be your first port of call.

cepheus

Yes the PC world case it's vaguely similar except the retailer replaced the software as well in the situation I mentioned

http://www.pcpro.co.uk/news/124797/official-linux-doesnt-break-laptops

ginnersinner

I'm thinking that since it was the retailer that changed your software, then the whole 'warranty is invalid' argument is, well, invalid. Surely the changing of software invalidating your warranty is there to prevent non-computer-literate wallies (like me!!!) messing around with stuff and !!!!!!! it up. If the retailer has done it, then it will still be covered under the Sale of Goods Act (and the warranty is therefore a moot point anyway) as in supplying you with a computer containing software (whatever that software is) he is putting forth that that setup is 'fit for purpose'.

If he's broke the computer by messing around with the software, then a) he's not much of a computer retailer and b) he's liable for the repair.

Sale_of_Goods_Act_1979 wrote:

(3) Where the seller sells goods in the course of a business
and the buyer, expressly or by implication, makes known-
(a) to the seller, or
(b) where the purchase price or part of it is payable by
instalments and the goods were previously sold by
a credit broker to the seller, to that credit broker,
any particular purpose for which the goods are being bought,
there is an implied condition that the goods supplied under the
contract are reasonably fit for that purpose, whether or not
that is a purpose for which such goods are commonly supplied,
except where the circumstances show that the buyer does not
rely, or that it is unreasonable for him to rely, on the skill or
judgment of the seller

You could say that the buyer has 'made it known to the seller' that he intends to use the computer to operate Windows 7 instead of Vista, and has relied on the seller (a computer salesperson I take it) for his skill or judgement in selling him such a computer, with Windows 7 installed. As I said above, the argument about Warranty is nothing to do with it.

Esqui

Given that the software is never covered under warranty, makes no sense that it can invalidate it by changing.

By and large, the reason for not being able to help on changes of operating system is normally down to the fact that the tech support team don't have the level of knowledge to help diagnose problems and suggest fixes.

patman99

o/p, the new o/s won't break a harddrive, however, if it is a Western Digital with a capacity higher than 60GB, then it will have failed all on it's own (WD admit there is a major problem with thier HDDs).. Looks to me like the cowboy retailer is trying to wriggle-out of complying with the SOGA.

If they persist in thier analargy that the warranty is void due to upgrading to Win 7, then I'd have a word direct with HP, and write to Trading Standards.

gordikin

patman99 wrote: »

o/p, the new o/s won't break a harddrive, however, if it is a Western Digital with a capacity higher than 60GB, then it will have failed all on it's own (WD admit there is a major problem with thier HDDs).. Looks to me like the cowboy retailer is trying to wriggle-out of complying with the SOGA.

If they persist in thier analargy that the warranty is void due to upgrading to Win 7, then I'd have a word direct with HP, and write to Trading Standards.

Where does the OP say the hard drive is broken?

patman99

cepheus wrote: »

This question is for a friend of a friend so forgive me if it is lacking in detail

A consumer has bought a new HP desktop computer, however he asked the retailer to replace Windows Vista with Windows 7 software before taking it away. On starting it up there seems to be a problem, a diagnostic check implies a memory (hardware failure). The Retailer now says the HP warranty is invalid due to the software change, and no-one will repair or replace it under warranty.

My understanding is that the Retailer is still liable under the trade descriptions act and are always the first port of call, whether a software or hardware fault. However, I have doubts if the consumer has a receipt which clearly states what changes were made.

Where does this consumer stand with respect to the law?

I've h-lited it for you.

mooby

Memory is memory, hard drives are storage, don't confuse the two.

There is nothing wrong with the hard drive in the PC and changing the operating system cannot damage the memory, take it back and get it fixed.