Broken Laptop what are my rights with regards to

  PªuL ? ? 18:44 25 Sep 04

I have a seven month old Fujitsu Siemens Amilo laptop that has given up the ghost and died on me. I bought this laptop through a program my ex employer was running in conjunction with Learning for All.

It was bought as a christmas present for my Fiancee and was used for her university work. She needs a reliable laptop for her work and said laptop has been anything but reliable.

All in all the laptop cost us £1800 and circumstances have changed a lot for the worse recently. It would be desireable for us to request a full refund for the laptop but I am not sure if we can do this.

I am going to have to contact either learning for all or Fujitsu siemens (Not sure which yet) On monday and having some facts about what my rights are would be extremely handy. Could some kind person please give me a brief run down of what I can expect and what I can actually request with regards to the faulty laptop.

  rdave13 19:01 25 Sep 04

surely all electrical goods come with a one year guarantee?

  PªuL ? ? 19:18 25 Sep 04

Yes its got a one year guarantee but can I actually ask for a full refund or can they make me take a replacement ?

  GANDALF <|:-)> 20:14 25 Sep 04

The company have a right to try to repair the laptop firstly, in a reasonable amount of time. Could you describe the faults as they may be operator error rather than manufacturer's/hardware errors. If they are not the fault of the manufacturer you do not have a leg to stand on.


  wee eddie 20:33 25 Sep 04

it has to be unsuitable for it's purpose. It does not sound as if this is the case.

As you have been using it, problems included, for 7 months. it would appear to have been fulfilling its purpose.

GANDALF <|:-)> is correct. You may get a repaired Laptop or a replacement if they regard the cost of repair to exceed the value of a replacement machine which may not be new.

It is an unfortunate fact of life that most faults are caused by the operator, although this is rarely accepted.

  rdave13 20:59 25 Sep 04

If the laptop does not work,full stop,explain to the manufacturer that you're not happy with the quality of that particular machine and that it is your wish to have a refund.If they refuse then ask them to replace it.(If you know that you have damadged it in some way,accidentally,then just hope for the best.)

  PªuL ? ? 22:18 25 Sep 04

GANDALF <|:-)> The fault appears to be that the laptop is not well (Technical I know) I press the power button on and am greeted with a black screen. The CD Drive spins up but then down very quickly. I have tried connecting the Lapto to my monitor but there is no picture. It just basicly sits there giving no display. No beeps no HDD led absolutely zilch.

  Shaggy? 22:35 25 Sep 04

If you bought under the Royal mail scheme there is a three year collect and return on the warranty.
I presume you've had to make full purchase because you've left the business.
Contact LFA on Monday and ask them to collect it.
I doubt if you'll have much luck trying for a full refund, maybe you'd be better getting it repaired,selling it and cutting your losses.
I had trouble with mine and they replaced it with no problem,indeed I got an upgrade because the original model was unavailable.

  spuds 22:36 25 Sep 04

Noticing that there as been seven months usage out of the machine, and you are stating the laptop as been anything but reliable.I wonder if any complaint as been made to the warranty provider or purchase outlet since the laptop was purchased.If not, then I think that you will have a problem in getting any form of monetary refund.It may have been perhaps possible, if you had complained and a number of unsuccessful repairs had been attempted.

You might find 'your rights' via Trading Standards click here

  wee eddie 01:36 26 Sep 04

You have checked;

There is no CD in the drive.

There is no floppy in the drive.

The battery is fully charged, or you are connected to the mains.

You have tried opening in Safe Mode. Pressing the F8 key until the machine beeps.

  Forum Editor 16:32 26 Sep 04

with what has already been said by the others. Your contract was with the company to which you paid the money - they are legally bound to abide by the terms of the sale of goods act and/or the sale of goods and services to consumers regulations.

Broadly speaking any fault that developed in the machine within six months of the date of purchase would be deemed in law to have existed at the time of purchase unless the supplier can prove otherwise. You're outside that period, but you are still entitled to expect the machine to be fit for its purpose, and the supplier will be laible to repair or replace the computer. The discretion lies with the supplier however, and they can opt to try a repair within a reasonable time (not specified in the legislation).

Whatever happens you aren't going to be entitled to a refund. There's no harm in asking however, although as spuds has said, unless you have previously been reporting the machine's unreliability you have little or no chance of getting your money back.

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