Acer- Unfair Exclusion On Warranty

[narcodave]

On removing my modem connection from my laptop ethernet port I noticed one of the connection pins had bent. I have returned the computer to Acer as it is under guarantee, I have now rec'd the reply

"Your repair has been set to chargable as a connection pin within the ethernet port itself is bent, probably as a result of incorrect or improper removal of an ethernet cable, and as such is not covered by your warranty".

They then go on to say that they do not replace the single etherent connection (costing $2) but the whole motherboard which with labour comes to more than the whole laptop!!!!!!

Their warranty exclusion states exclusion if

" any product has become damaged or rendered defective as a result of use of the product other than for its normal intended use, or other misuse, abuse or negligence"

1: Why would I want to damage the connection
2: How have they come to this conclusion without any evidence ( they even use the word probably)
3: How is it possible to remove the standard phone socket connection (square plastic fitting with a plastic "push down" mechanism on the top) in any manner other than the correct manner - try it with your phone connection in the wall, impossible.

Anyway what can i do? This looks to me that they clearly are avoiding repairing a minor fault for a massive charge to me and I am not happy to do so. Unfortunately they have my laptop with all my data and I need it for my work.

Any advice would be appreciated
Thanks

[ForestChav]

Why were you plugging a modem into an ethernet port anyway? The connection doesn't fit.

[narcodave]

Forgive me, did not mean modem, referring to the correct input cable from the modem into the correct input socket on the laptop. don't know the correct term for each. sorry if this caused confusion.

[ForestChav]

Well if you were putting a RJ11 into an RJ45 socket then that probably would damage it.

As for the warranty, then it is down to the manufacturer to decide what they will and won't cover (accidental damage or misuse is common) because a warranty isn't necessarily a legal entitlement, and you do have additional rights (to the warranty) under the sale of goods act.

If acer have examined the socket and their engineers believe the damage to the socket to be accidental there is not a lot you can do on that front, other than get the laptop back unrepaired or pay for the new mainboard.

Quite often the socket is part of the assembly on the mainboard (look at a desktop board) so changing the board is often (paradoxically) easier than changing the socket. Otherwise they'd have to remove the socket, all the connecting traces and reconnect them which can be quite fiddly.

How old is the laptop?

[narcodave]

As I said I was removing the lead from my modem as I had done many times before in the correct manner same as anyone does when removing the lead from the CORRECT input on the laptop. When I inserted the connection the next time a small piece of wire inside the socket bent back and stopped the connector inserting. The wire is at the bottom of the socket and resembles a bent staple, I think it is there to allow the connector to fit snugly, there again as stated I am no expert. the laptop is 2 months old.
I cannot see how they can come up with the assumption that I would put another square shaped object into the opening other than the correct connector.

What I am after is not the correct names for the parts but some advice as to my next steps. I want my lapton returned in working order and without having to pay for it.
Thanks for any advice on this matter

[10110001]

It sounds like you bought it from PC World or Dixons/Curry's group. They are well known for trying to exclude themselves from liability under the Sale of Goods Act.

If the goods are not fit for the purpose - e.g - the pin was bent because a cable was connected to it. Or, of unsatisfactory quality - e.g. - the entire motherboard has to be replaced because of a defective pin. This indicates an inherent fault with the design of the laptop, and the cost of repair is disproportionate in comparison to the cost of the laptop.

First you must ask the seller in writing to repair or replace the goods at their own cost. (Read more) If you get a rebut then:-

Did you buy the laptop with a credit card? if so, buy a new laptop elsewhere and get a refund for your old one using a Section 75 chargeback.

If that fails then pay for ther repairs with protest - and pay with a credit card. Reclaim the costs in the small claims track under Section 48 of the Sale of Goods Act 1979

I suggest you contact your local trading standards authority.

I had a similar problem with PC world which ended up in the small track. Keep everything in writing, dont get into protracted correspopndence with them. They will keep fobbing you off with excuses hoping you'll go away.

[ForestChav]

Unless you bought it from Acer direct you need to get the laptop back in this state and return it to where you got it from, for them to handle a repair or replacement.

As the product is less than six months old they have to prove it was down to misuse or repair or replace the item.

The motherboard replacement because of a faulty onboard part is an unfortunate casualty of all MBs having everything built onto it, so the whole unit comes out and is replaced rather than the socket.

IF you put a RJ45 inside the RJ45 socket correctly, and the pin (there are usually eight on the socket which actually make the connection) dislodged in normal usage, this is probably going to be a fault with either the plug or the socket, probably the socket but without having seen the port you can't tell.

The pins just connect, the plastic clip/lug on top of the plug which clicks into place is what makes the connection snug.

The problem is (unless you bought from Acer direct) that you are dealing with the manufacturer not the retailer, the manufacturer has no legal obligation to you other than their warranty's terms and conditions which won't cover misuse. In these cases it is best to go through the sale of goods act especially as the fault is considered inherent until proven otherwise. So you need to get the pc back from acer as it is and deal with the retailer.

Thing is, now you could have the situation where having dealt with Acer, the retailer now says "well, you've taken the PC somewhere else, so not much we can do now" which is why always you should ask the retailer what to do - if you go to the manufacturer under retailer's advice provided you can prove this they can't then shirk their responsibilities, and in most cases, it's quicker to do this.

Warranties don't affect your statutory rights.