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Just after xmas last year I bought a Fujitsu Siemens Laptop from Dixons for £499 (It was actually misadvertised as having a few features that werent actually on it so in the end they knocked £100 off).
Around about June it died a death. As it was covered by the 12 month warranty it went in for repair and I was a little surprised to discover it needed a new hard drive. All repaired it came back a week later. By August the powerpack had failed so back it went again for a new one. At the end of October it failed for the third time, DH spoke to the repair center today to be told it needed a new motherboard!!
Now, call me niave, but I find it amazing that a Laptop thats 10 months old can need new Harddrive, Motherboard and powerpack! The repair center told DH today that it could be "some time" before its returned as the motherboard is out of stock and they are waiting for parts from Fujitsu.
I need this laptop for college work, and frankly Im a little worried about its longevity after the 12 months is up (around the 28th December). Am I right in thinking I could argue that this is goods not fit for the purpose? Its not had heavy use because lets face it, its been in for repair for what must amount to 6 weeks!
Just after xmas last year I bought a Fujitsu Siemens Laptop from Dixons for £499 (It was actually misadvertised as having a few features that werent actually on it so in the end they knocked £100 off).
Around about June it died a death. As it was covered by the 12 month warranty it went in for repair and I was a little surprised to discover it needed a new hard drive. All repaired it came back a week later. By August the powerpack had failed so back it went again for a new one. At the end of October it failed for the third time, DH spoke to the repair center today to be told it needed a new motherboard!!
Now, call me niave, but I find it amazing that a Laptop thats 10 months old can need new Harddrive, Motherboard and powerpack! The repair center told DH today that it could be "some time" before its returned as the motherboard is out of stock and they are waiting for parts from Fujitsu.
I need this laptop for college work, and frankly Im a little worried about its longevity after the 12 months is up (around the 28th December). Am I right in thinking I could argue that this is goods not fit for the purpose? Its not had heavy use because lets face it, its been in for repair for what must amount to 6 weeks!
Not a happy bunny
Jane
x
Hi Jane,
I've been in the IT industry for 10 years. Hardware/Software/Networking for large multinational corporations.
Although laptops should have a 5 year or so lifespan, parts will inevitably go wrong at some stage. It seems as if you may have got a worst of the bunch laptop.
Generally speaking, you do get what you pay for, and the price you paid seems quite low for a laptop.
I've been in the IT industry for 10 years. Hardware/Software/Networking for large multinational corporations.
Although laptops should have a 5 year or so lifespan, parts will inevitably go wrong at some stage. It seems as if you may have got a worst of the bunch laptop.
Generally speaking, you do get what you pay for, and the price you paid seems quite low for a laptop.
...all of which is utterly irrelevant. The Sale of Goods Act gives Jane certain protections, one of which is that the item bought must have a reasonable lifetime.
Jane, if you're satisfied that the laptop was not of "reasonable quality" when you bought it (I know I would be), you have an excellent case which would be easy to demonstrate to a court.
I would write to them saying that yo've completely lost confidence in the laptop and that you feel that its repeated failures show that it was not of reasonable quality at the time of sale; as such you require either a full refund or a suitable specification replacement. Give them 14 days to reply and see what they say...
Total £1201.24 successfully reclaimed in several actions. I do not provide support by Private Message under any circumstances.
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Posts: 225
Re: Laptop Lifespan?
Quote:
Originally Posted by StoneLaughter
...all of which is utterly irrelevant. The Sale of Goods Act gives Jane certain protections, one of which is that the item bought must have a reasonable lifetime.
Jane, if you're satisfied that the laptop was not of "reasonable quality" when you bought it (I know I would be), you have an excellent case which would be easy to demonstrate to a court.
I would write to them saying that yo've completely lost confidence in the laptop and that you feel that its repeated failures show that it was not of reasonable quality at the time of sale; as such you require either a full refund or a suitable specification replacement. Give them 14 days to reply and see what they say...
.......and, of course, the Sale of Goods Act overrides any 'warranty' given by a manufacturer/retailer too!
You have to take into account that you have had a reasonable use of the laptop though so would not be entitled to a new one or a complete refund, they should, however, make good the laptop you have.
Ellie no matter what is said because of the short time you have had the laptop whatever way they choose to do it they must return you to the position you where in before the laptop failed & if they can't readily fix it then they have to supply a replacement new or otherwise. If they can't fix it within a reasonable time then they MUST give you a FULL refund & not a part refund. Therefore it's important that you give them a timeline by which you expect matters to be resolved to your satisfaction.
If they say there is betterment & demand a financial contribution refuse as betterment only applies if YOU make a claim on your insurance. In fact if the only simular model available has since risen in price you COULD demand enough to replace your laptop with that model
You have to take into account that you have had a reasonable use of the laptop though so would not be entitled to a new one or a complete refund, they should, however, make good the laptop you have.
I think you should speak to Bookworm.
Basically it's been knackered since it was bought so it was not of reasonable quality at the time of sale. A FULL refund is what is called for here, no less.
The way I read it is that she has has at least 6 months normal use from it, A full refund only applies where the goods are rejected at time of sale or short period after sale. They would have a reasonable argument in not giving a full refund.
Sorry Blueskies hate to differ with you but your wrong & by mentioning 6 months your confusing the rule whereby it can be returned without the consumer having to prove fault. Thereafter the consumer has to prove fault which in this case I don't think would be too difficult. They have to reinstate her to her original position & if that means supplying a new laptop sobeit. They can't demand a contribution nor reduce the refund from the original purchase price. The consumer can in fact demand a simular model even if their has been a price increase subsequent to the original purchase
I am not confusing anything with the recent change in the regulations regarding proving fault. If a customer has had reasonable use of a product as they have in this case for 6 months, then the retailer is not compelled to give a full refund. They can reduce any refund paid by a reasonable amount to reflect the use.
If repair and replacement are not possible or too costly, then the consumer can seek a partial refund, if they have had some benefit from the good, or a full refund if the fault/s have meant they have enjoyed no benefit
The thing about consumer law is, its difficult to get your head around and people interpret it in different ways.
Seeing as a repair isn't an advisable outcome, if they are unwilling to provide you with a full refund (as they don't have to), find a model of similar specification (usually cheaper due to modern technology price drops) from dixons as an exchange/substitute. i.e Different make etc
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Honestly I am a computer science university student who has been in retail since the age of 14.
Anything said is my opinion and how I understand the law, always consult professional legal advice before taking something to court.
I am not confusing anything with the recent change in the regulations regarding proving fault. If a customer has had reasonable use of a product as they have in this case for 6 months, then the retailer is not compelled to give a full refund. They can reduce any refund paid by a reasonable amount to reflect the use.
They can't & have had this argument with TS before which they & the seller lost). In other words not for the 1st time their advice is not accurate.
After what is only a short period 12 months + they cannot give a reduced amount. They MUST return the claimant/consumer to their original situation. For example what if they can't afford to make up the difference & replace the laptop are they to do without. I think not. Whilst the claimant MUST mitigate their losses there is no onus on them to lose money
I wish I had gotten 6 months of reasonable use! Every time it goes in its been away for at least 3 weeks. Add to that 2 or 3 days to actually get in touch with the service center, and then the wait of a further 2 - 3 days for it to be collected.
The motherboard has been on its was for the last 7 weeks or so, the power had been cutting out. My only problem being I was bang in the middle of some important coursework so I had to use it as best as I could until I could transfer the information I needed onto my husbands desktop.
I dont feel I have had reasonable use, for one thing I darent actually save any work to it as its so unreliable, which makes having a laptop in itself a little pointless.
Im going to get in touch with Dixons now and politely request a full refund.
Laptop Lifespan? **SORTED** 
