Fujitsu-Siemens does NOT respect European Warranty

  llano 12:54 05 Jan 05
Locked

I bought a Fujitsu-Siemens Amilo-D laptop computer on november 17th 2003. It was a great machine with the latest tecnological achievements and was a fast and reliable one.
That was until november 2004, when, all of a sudden the power system started failing. The battery didn't load properly and the computer turned off unexpectedly causing me data losses and quite a few problems with my work since it was not possible to turn it back on most of the times.
I contacted Fujitsu-Siemens' Spanish helpdesk the 24th november 2004 and they argued my computer was out of its warranty (one week too late, they said): it was more than ONE year since I bought it.
I reminded them there is an European Warranty Law that enforces them to give a 2-year coverage. But they replied, after one month, that if the failure overcomes after the first six months is the client that should prove that it was not an original failure and therefore that I should hire an expert to dictamine wether my computer failed all by itself or I broke it.
The result is they refuse to repair it.
I tried to contact Fujitsu-Siemens' European Support but they seem to have ignored my complaint.
Could anyone please tell me where should I address my complaints or who could possibly help me?

Thanks in advance.

Rodrigo Llano

  anchor 13:08 05 Jan 05

The problem Rodrigo is that most of us on this forum live in the UK.

Here we might advise going to the Citizens Advice Bureau, (a free legal and consumer advice centre), or to the local trading standards office, (a public service operated by the local council). I have no idea of you have anything similar in Spain.

I believe here in the UK most laptops only come with a 1 year warranty.

Buena suerte.

  spuds 18:56 05 Jan 05

You may find a possible answer via your MEP.

Possibly an answer br found here click here

  davidg_richmond 19:57 05 Jan 05

The law you talk about is not a legal warranty, but the "legal guarantee" and this is slightly confusing. It basically says that you have 2 years to bring the retailer's attention to a breach of contract, NOT that you have a 2 year warranty. In the UK, we have had the Limitation Act since about 1980 that gives us 7 years not 2.

Their advice is generally correct - you have to prove that the laptop was not of merchantable quality. Get the laptop independently assessed and send them the report if it concludes that faulty manufacturing was the cause. They are then obliged to repair the laptop. In the UK, the cost of the assessment is generally refunded at this point by the company you bought the laptop from.

Once something like a laptop has been out of the company's hands for more than a year they simply cannot tell how it may have been used, and as they are not obliged to carry out expensive repair work immediately, decline to fix it. It is rather stingy that they didnt give you the benefit of the doubt after one week over the expiry though!

  Forum Editor 20:06 05 Jan 05

By that I mean from which Siemens base?

European consumer law applies whichever EEC country you make your purchase from, and although National legislation may add to your rights it can't detract from them.

In Spain the Fujitsu-Siemens warranty on Amilo computers is 1 year collect and return, so the Spanish Help Desk staff have given you the correct information. I know of no Pan-European law that states there must be a 2-year warranty on such goods. You may well be able to obtain additional satisfaction under Spanish National consumer legislation, but you will need to contact a local consumer-help organisation for more information about that.

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