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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.
Regards
S
Halifax PLC - £607 - SETTLED IN FULL Halifax Card Services - £1142 - SETTLED IN FULL
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...
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Re: Laptop Lifespan?
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!
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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.
BEFORE starting your claim read through the FAQ's and if there's something you aren't sure of then ask.
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Contents of my posts are purely my own personal opinions, some formed by personal experience and some from research. If in doubt seek qualified legal advice.
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.
BEFORE starting your claim read through the FAQ's and if there's something you aren't sure of then ask.
If you win, donate to this site
Contents of my posts are purely my own personal opinions, some formed by personal experience and some from research. If in doubt seek qualified legal advice.
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.
BEFORE starting your claim read through the FAQ's and if there's something you aren't sure of then ask.
If you win, donate to this site
Contents of my posts are purely my own personal opinions, some formed by personal experience and some from research. If in doubt seek qualified legal advice.
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
I am happy to offer helpful advise in many consumer problems based on my retail experience. I do not represent any company, and any advise I do offer is my opinion and how I understand the law. I have no authority to create any terms for any company I do work for and will just nudge you in the right direction without breeching their trust.
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.
Im going to get in touch with Dixons now and politely request a full refund.
Good luck - but expect nothing and you won't be far wrong. Their shop-floor and customer service centre staff are woefully (or is that willfully?) igorant of consumer protection laws, and will think that you're trying to pull a fast one. You have to get at their lawyers with letters before you'll get anywhere; I can see this going to "letter before action" stage before they'll even listen to you.
Good luck - but expect nothing and you won't be far wrong. Their shop-floor and customer service centre staff are woefully (or is that willfully?) igorant of consumer protection laws, and will think that you're trying to pull a fast one. You have to get at their lawyers with letters before you'll get anywhere; I can see this going to "letter before action" stage before they'll even listen to you.
You are correct about their lack of training but then its what the companies want.
Gawd forbid they should have staff who might know consumer law. In fact I have discovered as have many other complaining customers that they are told things which are at complete variance with the law
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
I'm sorry JonCris, but you are wrong here. Consumer law does NOT allow for betterment. Okay, they have a faulty product but is there a logical or legal reason why they should end up in a better position by getting a brand new item after having had plenty of use out of the old product? No. If you disagree, I'd be grateful if you could link to me the legislation that mentions this.
Of course, if the OP is able to reasonably argue that she has not been able to properly have use of this laptop because of its faults then she may have a stronger case. However, from what I understand reading the original post, she bought it in December 2005 and it didn't actually go wrong until June 2006. Okay, this isn't lots of use and many traders would just hand out a new replacement, but if you're being picky, the actual law doesn't state this and she might reasonably have to make a small contribution to allow for that six months use.
If a judge has awarded a consumer a new item in the past then, unless there was a good reason for this, that was a wrong decision in law and the consumer was lucky.
Blueskies is right. The Sale of Goods Act *only* allows a short period of time in which the consumer can reject the goods for a full refund. This is to allow the consumer a chance to check the goods for faults. After this time has passed (normally a few weeks, say), the trader can offer a repair or like-for-like replacement (not necessarily a new replacement). If the repair fails or replacement is not possible/fails, then (and only then) can the consumer go for rescission of the contract. Rescission means a *partial* refund to allow for any use that the consumer has had from the product.
No - actually it muddies the waters even further. Within six months of purchase, in deciding whether or not a full refund is applicable, the retailer is to prove that the item was NOT faulty at sale. AFTER the six month period, the onus shifts to the consumer to prove that it WAS faulty at sale. The SOGA may not provide for "betterment" however it specifically provides for an item to be replaced or a full refund offered in cases where the item was faulty at sale. Our belief is that Ellie has a strong case and can easily prove to the satisfaction of a Judge that the item was faulty at sale - and therefore is entitled to a full refund or a replacement of equivalent spec. That doesn't mean that she can get a brand spanking new machine, better than the old one, unless that spec is no longer available in which case an item of equivalent value can be substituted.
Can you point out the specific parts of the legislation which PREVENT Ellie getting a full refund?
well, letter was sent directly to Dixons yesterday, stating my case and requesting a full refund, giving them 14 days to reply or we would take action.
I emailed Fujitsu earlier on in the week under the guise of buying the same model laptop and asked them what they thought the longevity/reliability was on this model. They replied:
The Amilo family comes with 1 years warranty. The L7300 is a consumer notebook and tends to built to a price. We do not experience issues with this model, which has been around for some time and most issues have been ironed out.
Which sounds to me like an admittance of problems!
We did speak to Dixons earlier in the week who told us that should the laptop still be in the repair center after 28 days we would be given a code to take into the store to choose a replacement. 28 days is up in aboout 9 days so lets see what arrives on my doorstep first.....
Laptop Lifespan? **SORTED**
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Originally Posted by ellie1997
