What am i entitled to?

KamiKazi

Hi all, I bought a laptop off Dell just over a year ago, for just under €4k.

Everything was fine until around January when I started having problems with it. I was on to Dell Customer alot about it, and after trying various things and replaced most of the main components of the laptop ( motherboard and graphics card ), they decided to replace it with a new laptop.

This fine, I was a bit annoyed that it took so long but i thought all was well in the end as I had gotten a new laptop.

Recently Ive been having problems with the new one, been on to Dell and gotten the suspect component ( RAM ) replaced. This did not fix the problem, so im thinking im due a refund by this stage.

Id just like to know what everyones opinions are on this, thanks in advance.

Note: In agreeance in the Charter, im assuming that nobody that posts is qualified to give legal advice and that any opinions offered up will be taken as the unaffiliated opinions of posters, and nothing else. Please mods, dont lock this.

KamiKazi

anyone?

hullaballoo

What sort of problems are you talking about? It's difficult to say what you could potentially be entitled to without knowing what sort of problems you've been having.

Bard

Might also be handy to know what kind of warranty you have and whether it's expired yet...

KamiKazi

Im getting blue screens that say "Memory Parity Error", which means i have to reset the machine and reboot.

I have a one year next day warranty that i got renewed with the new laptop when i got it, around June.

I was under the impression that Dell had to repair, replace and then refund in that order. Am i right?

Because if thats the case they've already tried the first two without success.

seamus

KamiKazi wrote:

I was under the impression that Dell had to repair, replace and then refund in that order. Am i right?

No. If a fault occurs in a product within a reasonable amount of time from the date of purchase, then the vendor (not the manufacturer) has the option to repair, refund, or replace the item, at their cost. Repairs and replacements must meet the same standard as if the item was sold without fault.

Warranties are not covered by the repair, replace or refund clause. A warranty explicitly states what it is the guarantor (usually the manufacturer) will do when a fault is covered by the warranty. A guarantor is under no obligation to provide a refund if the item is being dealt with under warranty.

hullaballoo

Just on a point of information, it's not the vendor who has the choice between repair, replacement or refund, but the consumer.

Effectively, all of this common guff about having to send your phone back to the factory at least three times before they'll replace it is pish posh. You can request a full refund once there's a defect in the product that's occurred as a result of poor manufacture.

seamus

hullaballoo wrote:

Just on a point of information, it's not the vendor who has the choice between repair, replacement or refund, but the consumer.

Effectively, all of this common guff about having to send your phone back to the factory at least three times before they'll replace it is pish posh. You can request a full refund once there's a defect in the product that's occurred as a result of poor manufacture.

I assume this is covered by section 21.2 (b) of the 1980 act, or is it mentioned somewhere else?

See, learning is fun!

hullaballoo

http://www.odca.ie/cfmdocs/documents/docs2.cfm?article_no=5994

I'm not sure if you were referring to me learning or you learning, you slut, but I wrote a dissertation on this last year.

I can upload it if anyone wants.

KamiKazi

Thanks guys that helped clear things up a fair bit . So am I right in assuming that I should be entitled a refund if i want one, and the only argument Dell might have is that the laptop was 2 months old before the problems began?

hullaballoo

No, that's wouldn't be a valid argument. The problem would have been there from manufacture, and only manifested itself after being operational for two months. These things don't just "happen". You might be happy if they can fix it, but you do have options there.

KamiKazi

thank you, youve made me a very happy bunny

im not taking a replacement because the one i have now is a replacement

seamus

hullaballoo wrote:

http://www.odca.ie/cfmdocs/documents/docs2.cfm?article_no=5994

I'm not sure if you were referring to me learning or you learning, you slut, but I wrote a dissertation on this last year.

Me learning of course, you slut

Kamikaze, without ay more information about the problem, I would agree with hullaballoo that this is a manufacturing fault and not an incidental issue, and as such is still covered by the Sale of Goods and Services act, and not only by warranty.

KamiKazi

seamus wrote:

Sale of Goods and Services act

thats the link a few posts up?

hullaballoo

The link I gave you is the act in layman's terms. This is the actual act, but don't get bogged down in it too much:
http://www.irishstatutebook.ie/ZZA16Y1980.html.

KamiKazi

thanks for all the help guys, ill be getting my refund off dell sometime this week

TempestSabre

KamiKazi wrote:

thanks for all the help guys, ill be getting my refund off dell sometime this week

did you contact them.

Do you have to prove there was a manufacturering fault?

KamiKazi

yeah i was in contact with them, and vice versa.

didnt have to prove it was a manafacturing fault, but i think they knew that it was.

they offered me a replacement on thursday, i said no and they rang me back on friday saying that my refund had been approved and that the finance department would be in touch sometime next week.

TempestSabre

Sorry posted in wrong thread. I meant to say thats good to know.

i71jskz5xu42pb

hullaballoo wrote:

Effectively, all of this common guff about having to send your phone back to the factory at least three times before they'll replace it is pish posh. You can request a full refund once there's a defect in the product that's occurred as a result of poor manufacture.

Well based on the link you provide it's not always as black and white as that - "no hard and fast rules". Maybe you're referring to a specific instance where the fault is serious and noticed soon after purchase. Or maybe I'm missing your point. For example if I have a phone for 9 months based on the below the best I'd get is a repair or partial refund.

(I'm talking in the general here, I think the OP was due a refund based on price paid and what he has been through)

ODCA wrote:

If the reason for the complaint is not trivial and is discovered soon after purchase, the consumer is entitled to reject the goods and insist on a full refund provided prompt action is action is taken.

If the goods have been used for some time, or if there is undue delay in making the complaint, or if there is reason to believe that the goods have been accepted, the consumer's entitlement, at best, may be to a repair or to a partial refund.

There are no hard and fast rules as each case has to be considered on its merits.

seamus

KamiKazi wrote:

yeah i was in contact with them, and vice versa.

didnt have to prove it was a manafacturing fault, but i think they knew that it was.

they offered me a replacement on thursday, i said no and they rang me back on friday saying that my refund had been approved and that the finance department would be in touch sometime next week.

Nice to see a positive result