Anyone heard about Unfair Contact terms 1977?

feather9

Can anyone help? I bought a Lenovo laptop from PC World as a business laptop. It would not switch on one morning after 15 months. I complained that neither had it lasted a reasonable length of time or that it was fit for purpose. They replied stating my statutory rights excluded as I was a business customer under the Unfair Contract Terms Act 1977???? Thus no refund. Is there anyway around this it seems extremely unfair after all the issue remains they have sold me faulty goods.:mad:

JJ_Egan

feather9 wrote: »

Can anyone help? I bought a Lenovo laptop from PC World as a business laptop. It would not switch on one morning after 15 months. I complained that neither had it lasted a reasonable length of time or that it was fit for purpose. They replied stating my statutory rights excluded as I was a business customer under the Unfair Contract Terms Act 1977???? Thus no refund. Is there anyway around this it seems extremely unfair after all the issue remains they have sold me faulty goods.:mad:

Yes i have heard of that try google .


http://www.legislation.gov.uk/ukpga/1977/50

http://e-lawresources.co.uk/Unfair-Terms---Regulation-by-statute.php

Private or business at that age you need to prove ( via an indepent report on the machine ) your view that its not fit for purpose nor lasted a reasonable length of time .
A lot will then depend upon the terms and conditions of the sale contract .

feather9

Thank you a lot to read!!! I have found that 'a business is not able to exclude liability for defective or poor quality goods ' so I may have a leg to stand on- not only that I had no idea about their terms of sale as they were not mentioned at the time of purchase!

neilmcl

feather9 wrote: »

Is there anyway around this it seems extremely unfair after all the issue remains they have sold me faulty goods.:mad:

Can you prove that. Yes it is faulty now but that doesn't mean it was inherently faulty at the time of sale, and if you were a consumer then that's exactly what you would have to prove. As you are a business your rights are limited.

feather9

At the store she confirmed it had not been overcharged and that the charger works. From researching the fault and make it appears to be a Lenovo issue- as it just doesn't turn on at all- no lights nothing!

paddyrg

Not sure that trumps SoGA -

"The Sale of Goods Act applies to all contracts for the sale of goods, however, s.14 is more limited in its scope in that it only applies where goods are sold in the course of a business. Also where the goods are sold in the course of a business the provisions of the Sale of Goods Act are reinforced with the protection offered by the Unfair Contract Terms Act 1977 which prohibits their exclusion".

Leo2020

feather9 wrote: »

At the store she confirmed it had not been overcharged and that the charger works. From researching the fault and make it appears to be a Lenovo issue- as it just doesn't turn on at all- no lights nothing!

That is not going to cut it, that doesn't prove anything.

Having you tried the following?

1. Take out battery and unplug charger.
2. Unplug any external devices. Ie. Hard drive, mouse,etc
3. Hold down power button for 30 seconds
4. Connect power cable back (not any other devices) and see if it will switch on.

CoolHotCold

Sorry, but as a business you have very little recourse.

They are allowed to contract out the "Sell defective goods" they have done that by stating all machines sold come with a manufacturer guarantee, which is provided directly by the manufacturer, not PcWorld Business. effectively limiting their liability.

There are a few protected things that cannot be contracted out, but the business terms you both agreed to abide by those terms. Sorry, but you have no legal recourse.

See http://www.pcworldbusiness.co.uk/legal/terms.jtp?from=our-services for all T&C.