Dell / Warranty & third party products

  T@M 12:29 25 Nov 09
Locked

Hi All

I bought a pair of Creative Headphones from Dell a few months ago which have physically failed where the headphone meets the headband.

I contacted Dell who have basically told me that its nothing to do with them & they only offer support for third party items for 30 days & have fobbed me off to Creative.

Dell are basically refusing to do anything about the matter.

Its only a (relitavely) cheap item but surely its Dell I've got a contract with?

I know that I can now approach Creative but feel that Dell are trying a fast one according to the Sale of Goods act. click here

Its not really a big deal but I'm not in the mood to get brushed off today.

Any Barrack Room lawers around?

  GaT7 16:47 25 Nov 09

Unfortunately, it appears that Dell do not support warranties for non-Dell manufactured products. It's in their T&Cs - from click here:

"8.6 Dell does not provide Dell Service Offerings for Third Party manufactured Software or Products but will pass to Customers, to the extent that it is permitted to do so, the benefit of any warranty or guarantee given by the manufacturer or supplier of Third Party Products..."

The clause, 'to the extent that it is permitted to do so, probably indicates that there can be instances where they may not be permitted to do so, & hence worth quoting the SoGA to them to see how far it gets you. You may get quicker service if you approached Creative directly.

Btw, they also distance themselves with respect to most technical support for third-party products - from click here:

"Dell's support services may vary from product to product, but in general Dell does not provide technical support for non-Dell manufactured products. If you need technical support for a non-Dell manufactured product (3rd party software, electronics and accessories), then please contact the manufacturer or service provider directly. Links to the manufacturers' websites can be found below..."

G

  namtas 17:15 25 Nov 09

Crossbow7

Dell may put what they like in there T&Cs but as I understand the position, "The contract for items purchased from DELL no matter who's make it is, is between Dell and the purchaser . In this case T@M may get service for Creative but he has no recourse and no contract (he has not paid any money to Creative) and if any repair done by Creative fails he can not go back to DELL with the same problem. It is a Dell problem, they should be dealing with it, but alas sometimes you have to do what you have to do.

  961 17:38 25 Nov 09

Dell may not exclude your statutory rights whatever their terms and conditions say, provided you bought as a consumer rather than by means of a business contract

However, I've always been aware that getting service on third party products bought from Dell and others can be a total pain in the neck. For that reason (and others) I'm always inclined to buy these products separately

  T@M 18:24 25 Nov 09

Cheers for your thoughts chaps.

What bugs me most is that Dell appear to think they can just ignore the UK's SoGA & play their own game.

I could understand if it was technical support I was after but technical support wont fix broken plastic so I dont see why their Customer Support cant sort me out.

If I had bought the item from John Lewis I cant imagine them telling me to bog off.

Its not really about the item now (only a set of headphones) but the principle - I've nothing else to moan about at the moment anyway :-)

I sent a copy of their emails fobbing me off to Trading Standards & copied in Mr Dell himself.

Got a phone call from Dell quite quickly (surprise surprise) no resolution yet but appears to have been shoved up the food chain.

  oresome 19:48 25 Nov 09

"Dell may put what they like in their T&C's"

I don't believe they legally can put anything in that attempts to restrict the consumers rights under the SOGA.

  961 20:29 25 Nov 09

"If I had bought the item from John Lewis....."

You know what it's all about!!

You want a computer, Dell build them by the million. They work, 'cos they can't afford them to go wrong. They are value, big time. They will work until you are in the crematorium!!

However, Dell like you to buy other "stuff", printers, monitors, etc. They pick them up for peanuts but, like oem software, if they go wrong, bi bi

Buy the computer from Dell. They are the best

Monitor, printer, headphones. Dabs, Amazon or the maker direct

  spuds 20:41 25 Nov 09

Dell sold you the product, and under UK consumer law they are responsible for sorting out the problem. But companies like Dell, usually find that it is quicker and better to request that the customer deals direct with a manufacturer for obtaining replacement or repairs under the manufacturers warranty, but you do not have to go this way if you do not want to, and Dell's terms and condition will not alter your legal rights.

If you purchased as a 'business' user, then that may alter your rights, and SOGA might not be applicable.

Dell provide quite a number of items, which are not manufactured by Dell, but by third party companies, printers are one such product, which are usually re-badged Lemark on certain ranges.

  T@M 21:09 25 Nov 09

Yep bought as a consumer - wouldnt normally buy a peripheral from Dell but it was a cracking price at the time.

I've bought Dell computers for a few years & if you buy on the right day (or the right misprice) you can bag a lot of VFM for not a lot of beer tokens.

  wee eddie 21:52 25 Nov 09

I think that Dell is based in Southern Ireland (Eire).

If so, UK Law does not have Jurisdiction, but EU Law does.

  Forum Editor 23:31 25 Nov 09

is bound by the terms of UK law, and that means the company is responsible for resolving your hardware fault - not the manufacturer of the headphones.

Dell may try to suggest that it will be quicker for you to approach the headphone manufacturer yourself, and that may indeed be true, but you don't have to do it. Your contract is with Dell, not with Creative, and Dell cannot include anything in its terms and conditions of sale that seeks to limit or remove your rights in law.

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