Faulty laptop, 2.5 years old, returning to argos

david39

If the laptop is still within a warranty period then you have to seek help from the manufacturer rather than Argos.

That is quite incorrect.

Your contract is with Argos, not the manufacturer. The manufacturer will almost certainly refer you back to the retailer unless they act as a sake of goodwill. They have no contractual liability to do anything for you, even if it is only weeks old.

shaun_from_Africa

They have no contractual liability to do anything for you

They do if there was a manufacturers warranty offered when the computer was purchased.
Even though there is no statutory obligation for a manufacturer to offer a warranty, once they have done so, and providing the owner of the goods has fulfilled the requirements (such as registering the item if required), then a contract has been formed between the buyer and manufacturer.

It's no different to shops which allow you to return unwanted goods for a refund or exchange.
They don't have to offer this service, but if this was stated before the goods were purchased then it forms part of the conditions of sale.

david39

Even though there is no statutory obligation for a manufacturer to offer a warranty, once they have done so, and providing the owner of the goods has fulfilled the requirements (such as registering the item if required), then a contract has been formed between the buyer and manufacturer.

That is not the case.

I suggest you look at the Which? site :

http://www.which.co.uk/consumer-rights/making-a-complaint/dealing-with-faulty-goods/how-to-complain-about-faulty-goods/

that covers the exact point at the bottom of the page.

They say under these circumstances .... contact the retailer .... if no joy then contact the manufacturer and ask if they will offer a replacement/repair .... if no joy from them take legal action against the retailer.

That is because your contract is with the retailer only, although benevolent manufacturers may well help out, if asked, to preserve their consumer goodwill.

If that was not the case, how would you go about making a claim on faulty goods from a manufacturer in China, with no UK prescence, whose goods were directly imported and sold by, say, John Lewis?

Techhead_2

David39, you are confusing two separate and different things. Your consumer rights which rest with the retailer and the manufacturers warranty. The consumer is free to choose which avenue they wish to pursue. If the manufacturer's warranty offers a better solution then its obviously advantageous to use that rather than your consumer rights. You have a choice of action.

shaun_from_Africa

That is not the case.

Nothing in the Which page contradicts anything that I posted.

All I stated was that if there is a manufacturers warranty in place then the manufacturer has a legal obligation to honour it.
The article you linked to is dealing with a totally different scenario, one showing the obligations that a retailer has.
My earlier post was referring to obligations that a manufacturer may have.

If there is a manufacturers warranty in place it can often be far easier, quicker and cheaper to get them involved rather than trying to use the SOGA route.
The OP's laptop is 2 1/2 years old, so they will have to provide proof that the problem is due to an inherent fault (and this may involve having to pay for an independent inspection).

scheming_gypsy

jammiev wrote: »

what are my chances of getting the problem resolved?

slim to none. you've broken your laptop, you have to fix it yourself.