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Hi Everyone

 

We are a computer company so on the other side of the fence so to speak.

3 Years ago we sold an HP Laptop brand new to a customer, In December 2013 we get an email to say it has gone wrong.

The symptoms were very much like the problems that Hp and others suffer from, Overheating GPU chip.

We wrote back and told him to ship it of for repair at our repair agents,

 

Fast forward to 4th January 2014 we get an email from the customer saying that they have had it repaired and are now going to pursue against us for the repair cost,and possible refund of price,and on top of that our repair agent told them that we was liable for it up to 6 yrs after purchase!!!!!!!!!!!!!,,, No wonder why small businesses can't make money if they are liable for something long after they have sold it..

 

Now in the IT industry it is regarded that laptops have a lifetime of around 3 yrs so there fore our question is

Is he entitled to any refund of repair costs? or can i say its 3 yrs old so no

 

Fairly clued up on soga even used it ourselves over the yrs however FSB legal team say No he has no rights whereas soga says yes although ambiguous on how long should it last

 

Many thanks for any help

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If it was an 'Inherent Fault' from point of purchase ..... yes, google the model and see if there was a recall on the product for this exact fault, if there isn't theres your answer, your not legally entitled under SOGA to reimburse and this is simply the item has 'developed' a fault which could be down to wear and tear or neglect, too many people read things on the internet regarding their 'rights' and don't understand them, clearly someone here trying it on just incase they are right.

 

Best of luck.

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and you could argue that they had not given you sufficiant chance to resolve the issue yourself

 

they should have returned it to yourself to repair, instead they took it elsewhere i would suggest that you negotiate on what costs you will refund

 

if its the overheating GPU then the only laptop series it is acknowledged on is some of the DV6000 ranges and of course the DV9000's that wernt good to start with

in alot of the other ones the no post is actually a northbridge fault

 

where hes saying that you are liable is the sale of goods act, it does last for "reasonable lifespan" which alot of people assume is 6 years but does vary from item to item, 3 years seems fairly decent for a laptop

 

theres no way on this earth he can claim a refund of the price as he still has a working item

 

sale of goods act states that the seller needs to repair refund or replace, its your choice of these not his it appears that he has misread this as meaning refund AND repair

 

personally your on a strong point hes failed to fulfill his part of the obligations (i.e. returning it for inspection and repair), hes demanding something thats not covered

 

edit: just read its your own repair agent, in this case if theyve repaired it then your possibly liable to pay repair costs to them but thats it

Please note:

 

  • I am employed in the IT sector of a high street retail chain but am not posting in any official capacity,so therefore any comments,suggestions or opinions are expressly personal ones and should not be viewed as an endorsement or with agreement of any company.
  • i am not legal trained in any form.
  • I have many experiences in life and do often use these in my posts

if ive been helpful kick my scales, if ive been unhelpful kick the scales of the person more helpful :eek:

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Many thanks for your replies.

It is as i thought that we are on a strong footing although we may have to reimburse the repair cost.

The agent has also since told us that the customer did not mention that he has been referred from us which we told him explict instructions to do so.

 

The main reason he was referred to the agent is due to the fact that we are in the process of closing the business down and from October 2013 stopped doing repairs so i don't know if that has any bearings.

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Ok and now in the post this morning was the :Letter Before action giving us 7 working days to respond before he starts a small claims action

We have spoken to the FSB legal team who have said that the customer has not got a leg to stand on and as we can prove that the laptop is over 3 yrs old and only went wrong in December he has had his use out of it. and even though we referred him to the repair agent ,he still did not give us a chance to look at it

We have also spoken to HP who have also confirm that this model does not have an inherent fault as its an ATi Chip and not a Nvidia and is not under any recall notice

 

So now do we ignore it and see how far he pushes it or do we send a reply basically telling him politely Tough

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In the worst case scenario I would offer them a proportionate refund on return of the laptop, a refund minus 3 years of use/depreciation. Knowing how much laptops depreciate this refund wouldn’t amount to very much.

 

There was a thread on here last year, someone was dealing with Dell regarding a laptop. They were on their second, the first one replaced FOC with a brand new machine, the replacement went faulty after a couple of years and they wanted Dell to replace it again with a new one and this time Dell refused and only offered a small partial refund minus 5 years use (from the date of original purchase)

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