PC from online retailer below spec and malfunctioning

[MATTYFEZ]

Hi all,

 

Someone I know has purchased a custom built computer from a large online retailer who specialises in these things.

 

The PC he recived is below the requested specification, has build quality issues and is malfunctioning.

 

It seems distance selling regs may not apply as the computer is a custom build item, so maybe SOGA is a better route to take.

 

Rather than copy/paste everything I thought I would be neater just to post a link to the thread, http://www.custompc.co.uk/phpbb/viewtopic.php?t=290147

 

Any advice is greatly appreciated, Cheers!

 

(if the link is an issue, I will copy/paste the contents here, but in the interest of keeping the thread tidy ive just put a link up for now)

[ForestChav]

Well, to address a few points in the link:

1. The closest I could find to that board is this one: ASRock Motherboard - Product - ConRoe1333-eSATA2 - Overview which does have DDRII in its compatibility list. Whilst 800 isn't strictly there, too slow RAM is more of a problem than too quick, as it will just negotiate the fastest mutual speed - in this case 533. 533 is quick enough though, so it probably won't be the cause of the problem.

2. Likewise, the 8400 is (pending having BIOS 1.50) so I don't think we're looking at a compatibility issue. I'm not entirely sure if running on a lower bios will cause it to work at a slower speed or not to work at all but it's certainly worth checking the BIOS version.

 

I know too slow RAM does cause some boards to fail POST. But this probably isn't down to that. The poor build quality is obviously evidence there's an issue somewhere with the build, I'd be looking at either a faulty or badly configured MB as the cause. Either way, the machine isn't fit for purpose so the retailer is legally bound to prove that it was, or repair/replace the machine.

 

Normally I'd say just getting them to replace the MB with a better, fully compatible one would sort it but if there is evidence of poor build quality throughout the machine then it is probably better to ask for a replacement machine (with no re-used parts from the old build) as there is clearly an issue. Whether they will do that (ie they will claim it is too costly as opposed to replacing the board) is a different matter, and that argument is one they are legally entitled to take.

 

The DSRs won't apply to a custom build - but you can reject the goods under SOGA for a full refund too as one day is not a reasonable time to inspect a PC for faults, usually about 3 weeks is considered reasonable.

[gyzmo]

The DRS do not apply to the standard right of return in the case of personalised items. however, it has been suggested that personalised means something which would be of no use to someone else. But that is an aside.

 

if there is a breach of terms, including those implied (SoGA, e.g), then you have the right of redress against the seller. This would be the normal route of repair replacement refund in that order or if the goods have not been accepted then a full refund.

 

The DSR rights of return are only on those where, e.g, you change your mind. If there is a fault, then SoGA or whatever applies and 'overrides' DSR.

[muadebe]

The motherboard you found is the actual motherboard installed in the PC. The Bios version is P1.20.

 

I have formally rejected the goods via email and spoke to them today.

 

They are going to arrange a pick up of the goods and wish to inspect them upon receipt. They advised if they find my claims to be true they will refund.

 

I have explained that I do not wish have a replacement or repair as I have rejected them for reasons covered under the SoGA.

 

I will have to wait and see now If they decide to co-operate or not, as I get the feeling they are going to be difficult.

 

They have already offered to replace the motherboard so I am assuming this is acceptance that they are at fault.

 

I do not wish to keep the computer because I have had an extremely unpleasant experience with Eclipse and for me £800 is alot of money and I expect a high level of service and product for this money.

[ForestChav]

Even judging by the age of the item, the offer to repair still counts as them offering a reasonable remedy - though judging by the apparent build quality of the machine I'd be pushing for a replacement build.

 

Maybe flashing the BIOS to 1.50 would sort it?