Candybeatdiscos
26-08-2007, 09:58 AM
I bought a laptop in May 07, I opened it and set it up as per normal - this was to be a back up laptop. Everything seemed fine and recovery disc was created etc so i packed it away. I have used it about 6 times since it was bought, on the third occasion I noticed the time was about 5 or 6 mins slow, so i manually reset it and carried on, the 4th time of using it it was slow again so again i manually reset it, it was slow by the time I got home so I decided to reboot it back to factory settings via the recovery disc, anyway it happened a further twice so yesterday (Aug 25th) i took it to **WILL NOT MENTION STORE AT THIS TIME** to report the problem, they told me to phone their support line which i did, the support line could only offer a repair, which i didn't want so i asked for a refund or exchange. I was told to discuss with the shop so went back in and spoke to an under manager. he basically told me same thing - ie only a repair as the manufactuerer has a right to try and repair the item, i explained that i wished a refund or exchange as per the sale of goods act, he basically refused and I started to get slightly agitated, (I have to admit at this point I swore, I know I shouldn’t have and when I went back later I spoke to him and apologised – there is no excuse however I was agitated at this point) - so i went home, looked at the Sale of Goods act and printed of parts of it, so i went back and again spoke to the same guy, and requested a refund or exchange, i showed him the sale of goods act which i printed off and he said he had to speak to the store manager in order to get his decision, the store manager refused to even look at my print off and told me he would only consider a repair, the conversation did get a little heated mainly because I felt that the store manager was acting very smugly, in both his attitude and facial expressions. I raised my voice loud enough for the customer behind to hear me as i asked why this particular well known store did not adhear to the sale of goods act and would this customer behind me who was looking at a fridge have to wait up to 28 days without cold food should thier fridge pack in when only 3 mths old?, anyway the store manager decided I was acting aggressively (Basically he wanted me out the store) and phoned the police, I did not have the time to wait on the police however the store manager obviously gave my address to the officer so I spoke to the officer when he came to the house. The officer has obviously a duty to hear both points of view and had to advise me to take it further with trading standards and to keep calm if ever in the store.
My next course of action will be to speak with trading standards and discuss the situation with them regarding the problem with the laptop, and in regards to the customer service and the attitude received I intend to writing to my local paper as well as a few computer magazines
The print off that I took with me is as follows.
" PART 5A
ADDITIONAL RIGHTS OF BUYER IN CONSUMER CASES
48A Introductory
(1) This section applies if -
(a) the buyer deals as consumer or, in Scotland, there is a consumer contract in which the buyer is a consumer, and
(b) the goods do not conform to the contract of sale at the time of delivery.
(2) If this section applies, the buyer has the right -
(a) under and in accordance with section 48B below, to require the seller to repair or replace the goods, or
(b) under and in accordance with section 48C below -
(i) to require the seller to reduce the purchase price of the goods to the buyer by an appropriate amount, or
(ii) to rescind the contract with regard to the goods in question.
(3) For the purposes of subsection (1)(b) above goods which do not conform to the contract of sale at any time within the period of six months starting with the date on which the goods were delivered to the buyer must be taken not to have so conformed at that date.
(4) Subsection (3) above does not apply if -
(a) it is established that the goods did so conform at that date;
(b) its application is incompatible with the nature of the goods or the nature of the lack of conformity.
Sale of Goods Act Quick Facts
Subject: Sale of Goods Act, Faulty Goods.
Relevant or Related Legislation: Sale of Goods Act 1979. Supply of Goods and Services Act 1982. Sale and Supply of Goods Act 1994. The Sale and Supply of Goods to Consumers Regulations 2002.
Key Facts:
• Wherever goods are bought they must "conform to contract". This means they must be as described, fit for purpose and of satisfactory quality (i.e. not inherently faulty at the time of sale).
• Goods are of satisfactory quality if they reach the standard that a reasonable person would regard as satisfactory, taking into account the price and any description.
• Aspects of quality include fitness for purpose, freedom from minor defects, appearance and finish, durability and safety.
• It is the seller, not the manufacturer, who is responsible if goods do not conform to contract.
• If goods do not conform to contract at the time of sale, purchasers can request their money back.
• For up to six years after purchase (five years from discovery in Scotland) purchasers can demand damages (which a court would equate to the cost of a repair or replacement).
• A purchaser who is a consumer, i.e. is not buying in the course of a business, can alternatively request a repair or replacement.
• In general, the onus is on all purchasers to prove the goods did not conform to contract (e.g. was inherently faulty) and should have reasonably lasted until this point in time (i.e. perishable goods do not last for six years).
• If a consumer chooses to request a repair or replacement, then for the first six months after purchase it will be for the retailer to prove the goods did conform to contract (e.g. were not inherently faulty)
• After six months and until the end of the six years, it is for the consumer to prove the lack of conformity.
now bear in mind yes the laptop was 112 days old before i took it back, however used say 6 or 7 times in total, after i noticed the problem which is intermittent i done a manual reset of time and a full system recovery using the disc i was required to make (i felt that this was more of a reasonable cousre of action rather than take it straight to the shop as soon as i noticed it - it may be a faulty CMOS battery which if it is requires me to peel off a warrenty sticker in order to access it - something i dont really fancy doing until its out of warrenty.
so what do you guys think? am i going OTT, or do i have a case?
My next course of action will be to speak with trading standards and discuss the situation with them regarding the problem with the laptop, and in regards to the customer service and the attitude received I intend to writing to my local paper as well as a few computer magazines
The print off that I took with me is as follows.
" PART 5A
ADDITIONAL RIGHTS OF BUYER IN CONSUMER CASES
48A Introductory
(1) This section applies if -
(a) the buyer deals as consumer or, in Scotland, there is a consumer contract in which the buyer is a consumer, and
(b) the goods do not conform to the contract of sale at the time of delivery.
(2) If this section applies, the buyer has the right -
(a) under and in accordance with section 48B below, to require the seller to repair or replace the goods, or
(b) under and in accordance with section 48C below -
(i) to require the seller to reduce the purchase price of the goods to the buyer by an appropriate amount, or
(ii) to rescind the contract with regard to the goods in question.
(3) For the purposes of subsection (1)(b) above goods which do not conform to the contract of sale at any time within the period of six months starting with the date on which the goods were delivered to the buyer must be taken not to have so conformed at that date.
(4) Subsection (3) above does not apply if -
(a) it is established that the goods did so conform at that date;
(b) its application is incompatible with the nature of the goods or the nature of the lack of conformity.
Sale of Goods Act Quick Facts
Subject: Sale of Goods Act, Faulty Goods.
Relevant or Related Legislation: Sale of Goods Act 1979. Supply of Goods and Services Act 1982. Sale and Supply of Goods Act 1994. The Sale and Supply of Goods to Consumers Regulations 2002.
Key Facts:
• Wherever goods are bought they must "conform to contract". This means they must be as described, fit for purpose and of satisfactory quality (i.e. not inherently faulty at the time of sale).
• Goods are of satisfactory quality if they reach the standard that a reasonable person would regard as satisfactory, taking into account the price and any description.
• Aspects of quality include fitness for purpose, freedom from minor defects, appearance and finish, durability and safety.
• It is the seller, not the manufacturer, who is responsible if goods do not conform to contract.
• If goods do not conform to contract at the time of sale, purchasers can request their money back.
• For up to six years after purchase (five years from discovery in Scotland) purchasers can demand damages (which a court would equate to the cost of a repair or replacement).
• A purchaser who is a consumer, i.e. is not buying in the course of a business, can alternatively request a repair or replacement.
• In general, the onus is on all purchasers to prove the goods did not conform to contract (e.g. was inherently faulty) and should have reasonably lasted until this point in time (i.e. perishable goods do not last for six years).
• If a consumer chooses to request a repair or replacement, then for the first six months after purchase it will be for the retailer to prove the goods did conform to contract (e.g. were not inherently faulty)
• After six months and until the end of the six years, it is for the consumer to prove the lack of conformity.
now bear in mind yes the laptop was 112 days old before i took it back, however used say 6 or 7 times in total, after i noticed the problem which is intermittent i done a manual reset of time and a full system recovery using the disc i was required to make (i felt that this was more of a reasonable cousre of action rather than take it straight to the shop as soon as i noticed it - it may be a faulty CMOS battery which if it is requires me to peel off a warrenty sticker in order to access it - something i dont really fancy doing until its out of warrenty.
so what do you guys think? am i going OTT, or do i have a case?