What rights do I have against ASUS?

BorisBog

We bought an ASUS laptop from MESH via Amazon for our son in November 2020.  In September 2021 (10 months later) the hard drive failed.  ASUS collected the laptop and repaired the issue under warranty, but when it came back the fan was noisy and not working as it should.  It again went off to ASUS who repaired the fan, but this time it came back with a letter not working on the keyboard.  It went off for that repair to come back with exactly the same problem.  ASUS want us to send the computer back for a fourth time.  My son has a learning difficulty that means he needs a laptop for his school work and he has been without one now since the end of September.  What are my consumer rights with this?  I have asked ASUS for a replacement computer, as this one is not fit for purpose but they just simply send me another repair form to fill in.  Any help would be gratefully received as I am growing increasing frustrated with ASUS' lack of interest.

TIA

Ergates

Your consumer rights are with MESH - as the seller - not ASUS

Manxman_in_exile

Did you go direct to the manufacturer yourself, or did you first complain to MESH - who sold it to you - and they told you to go to ASUS?

The problem is that you only have consumer rights against the retailer, and if you didn't go to them in the first place, you still need to give them an opportunity to deal with it.

Do MESH know about the problem at all?

BorisBog

I originally went to MESH who directed me to ASUS as it was still under warranty.

Jenni_D

In which case you can revert to MESH and exercise your Final Right To Reject the laptop for a refund per the Consumer Rights Act 2015, as they (or rather their agent, ASUS) have had (more than) their single repair attempt and the goods still fail to conform to contract. Note that the refund (from MESH, not ASUS) may not be 100% - they can lawfully deduct an amount to account for your time of ownership (Nov-20 to Sep-21 ... 10 months); perhaps 15% deduction may be reasonable. (If the fault had occurred within the first 6 months then the refund would have been in full).

Or you can let them have another repair attempt.

powerful_Rogue

Jenni_D said:

In which case you can revert to MESH and exercise your Final Right To Reject the laptop for a refund per the Consumer Rights Act 2015, as they (or rather their agent, ASUS) have had (more than) their single repair attempt and the goods still fail to conform to contract. Note that the refund (from MESH, not ASUS) may not be 100% - they can lawfully deduct an amount to account for your time of ownership (Nov-20 to Sep-21 ... 10 months); perhaps 15% deduction may be reasonable. (If the fault had occurred within the first 6 months then the refund would have been in full).

Or you can let them have another repair attempt.

I've got a feeling it won't be as easy as that. OP has been using the warranty and not their consumer rights.

Jenni_D

powerful_Rogue said:

Jenni_D said:

In which case you can revert to MESH and exercise your Final Right To Reject the laptop for a refund per the Consumer Rights Act 2015, as they (or rather their agent, ASUS) have had (more than) their single repair attempt and the goods still fail to conform to contract. Note that the refund (from MESH, not ASUS) may not be 100% - they can lawfully deduct an amount to account for your time of ownership (Nov-20 to Sep-21 ... 10 months); perhaps 15% deduction may be reasonable. (If the fault had occurred within the first 6 months then the refund would have been in full).

Or you can let them have another repair attempt.

I've got a feeling it won't be as easy as that. OP has been using the warranty and not their consumer rights.

But the OP confirms that it was the seller that directed them to the manufacturer. Therefore the seller has been notified of the original non-conformance and the seller has engaged the manufacturer to act as their agent. Repair whether under CRA or under warranty doesn't matter if the seller is aware of the non-conformance. Even if they didn't previously know about the subsequent non-conformances, the fact that one exists means the consumer can exercise said right - the seller doesn't get another bite at the cherry.  

powerful_Rogue

Jenni_D said:

powerful_Rogue said:

Jenni_D said:

In which case you can revert to MESH and exercise your Final Right To Reject the laptop for a refund per the Consumer Rights Act 2015, as they (or rather their agent, ASUS) have had (more than) their single repair attempt and the goods still fail to conform to contract. Note that the refund (from MESH, not ASUS) may not be 100% - they can lawfully deduct an amount to account for your time of ownership (Nov-20 to Sep-21 ... 10 months); perhaps 15% deduction may be reasonable. (If the fault had occurred within the first 6 months then the refund would have been in full).

Or you can let them have another repair attempt.

I've got a feeling it won't be as easy as that. OP has been using the warranty and not their consumer rights.

But the OP confirms that it was the seller that directed them to the manufacturer. Therefore the seller has been notified of the original non-conformance and the seller has engaged the manufacturer to act as their agent. Repair whether under CRA or under warranty doesn't matter if the seller is aware of the non-conformance. Even if they didn't previously know about the subsequent non-conformances, the fact that one exists means the consumer can exercise said right - the seller doesn't get another bite at the cherry.  

I still think it will depend on the conversation that took place. Even the OP states it was repaired under warranty. Had they contacted MESH and asked to exercise their consumer rights rather then the warranty procedure, I would agree.

Jenni_D

BorisBog said:

I originally went to MESH who directed me to ASUS as it was still under warranty.

That's exactly what the OP said. MESH directed them to ASUS. In my opinion it is clear cut ... MESH knew there was an issue and directed the OP to the manufacturer. The fact that the warranty was used to effect the original repair is immaterial (IMHO).

powerful_Rogue

Jenni_D said:

BorisBog said:

I originally went to MESH who directed me to ASUS as it was still under warranty.

That's exactly what the OP said. MESH directed them to ASUS. In my opinion it is clear cut ... MESH knew there was an issue and directed the OP to the manufacturer. The fact that the warranty was used to effect the original repair is immaterial (IMHO).

To claim under the warranty. OP could have said to MESH that he wished to claim under their consumer rights.

BorisBog

@Jenni_D and @powerful_Rogue

This is the original message I sent to MESH:

"Good afternoon We purchased this ASUS laptop from you last November and unfortunately it would appear that the hard drive has gone. We have took it to a repair expert who has confirmed that this is the case. Please can you advise how we go about getting a replacement etc. My son needs it quickly as he uses it as part of his learning development at school."

MESH replied:

"Hello I do apologise for the issues you are experiencing with your laptop. I suggest you speak to Asus directly as the 1 years warrantee lies directly with them. They will be able to provide you with the technical support you need, and repair the laptop if need be. You can contact Asus on 01442 265548 or visit their website https://www.asus.com/uk/support/callus/ Kind Regards Mesh Computers"