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Minimum three repairs legal?

  • 12-01-2009 9:16pm
    #1
    Elessar
    Registered Users, Registered Users 2 Posts: 5,267 ✭✭✭


    Is the three repairs minimum rule that some companies have legal here or not? According to the NCA a repair should be permanent and if the fault reoccurs you "should be in a better position to look for a replacement or refund".

    It then goes on to say that "If you are not happy with their offer, you have the right to request an alternative remedy and to take legal action if you are not happy with their final offer."

    I have an issue with a laptop where the Hard drive makes clicking noises every so often and causes lag on the system. I identified this problem and had it sent off for repairs, under an extended warranty I purchased. The repair center told me they could not find anything wrong with the HD but replaced it anyway.

    That was fine but the issue is now re-occuring to the same extent. The company in question has a policy that repairs must be attempted three times before another solution is looked at.

    I need this laptop for college assignments so I can't afford to have it sent away again for repairs. Would I be entitled to a replacement laptop under the Sale of Goods act? Or must I endure 3 repairs?

    The laptop was bought in 2006 and the extended warranty covers it until October this year. For how long does the law apply to products? Since it's two years since I bought it am I outside the law and at the whim of their warranty T&Cs?


Comments

  • #2
    gerrycollins
    Registered Users, Registered Users 2 Posts: 1,799 ✭✭✭gerrycollins


    i had this problem too and the small print of the extended warranty takes over and it says that they have 3 attempts to repair it otherwise replacement or fiancial replacement.

    also you signed agreeing to it so no comeback im afraid.

    i agree that 3 attempts are a bit much but coming from other threads the repair must be permament(?) but as a point it doesnt say which repair must be.

    What im saying is that a reasonable attempt must be given to allow repair as these guys are not that technical as they just relace whole parts until the item is fixed. they never gointo the nitty gritty so to speak so tbh they wouldnt have a hope of fixing them first time round in the majority of times.

    I only had it recently from a company who claim to be at the forefront of computers it took them 4 attempts to fix the problem which I told them was the problem in the first place.


  • #3
    Elessar
    Registered Users, Registered Users 2 Posts: 5,267 ✭✭✭Elessar


    I didn't sign anything. And their T&Cs don't actually mention 3 repairs but I know from other people that is their policy.

    Surely the "first" repair must be permanent, otherwise they could repair it forever and the consumer would not get anywhere.

    What I'm asking really is, does the consumer law cover me at this point in time. I can only assume that it does, since a company warranty is just in addition to statutory rights. But assumptions are the mothers of all f*ckups.

    As far as I'm concerned this machine is not fit for the purpose intended (faulty hard drive), the first repair was not permanent and I have a reasonable expectation for the new hard drive to last longer (I have older ones without problems). They've had a chance to fix it, same issue occured. I should be entitled to seek a replacement? Or is it too old...


  • #4
    foggy_lad
    Closed Accounts Posts: 20,373 ✭✭✭✭foggy_lad


    Elessar wrote: »
    I didn't sign anything. And their T&Cs don't actually mention 3 repairs but I know from other people that is their policy.

    Surely the "first" repair must be permanent, otherwise they could repair it forever and the consumer would not get anywhere.

    What I'm asking really is, does the consumer law cover me at this point in time. I can only assume that it does, since a company warranty is just in addition to statutory rights. But assumptions are the mothers of all f*ckups.

    As far as I'm concerned this machine is not fit for the purpose intended (faulty hard drive), the first repair was not permanent and I have a reasonable expectation for the new hard drive to last longer (I have older ones without problems). They've had a chance to fix it, same issue occured. I should be entitled to seek a replacement? Or is it too old...
    you should be entitled to a replacement as repairs are supposed to be permenant but that depends on the terms of your extended warranty and normally you would not be entitled to a new replacement after 2-3years


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