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What rights in this situation.

  • 21-09-2010 11:32am
    #1
    Closed Accounts Posts: 234 ✭✭


    Laptop purchased in mar. repaired in may because a line split the screen.

    screen replaced after a 3 week wait. now 3mths on and the line splitting

    the screen has recurred. went back to currys who say they have the right

    to repair the same fault 3 times,i thought the original repair was meant to

    be a permanent repair? dont really want it repaired again,i want a

    replacement or a refund, i dont want to go to the small claims court

    but i will if i have to,can anyone advise me?


Comments

  • Registered Users, Registered Users 2 Posts: 33,518 ✭✭✭✭dudara


    Any repair carried out can be expected to be permanent (i.e. last the lifetime of the product). They do not have a legal right to attempt to repair 3 times - it may be store/business policy, but it is not a legal right.

    When something goes wrong, you are entitled to a repair, replacement or refund. It is at the discretion of the retailer which one they offer, but it must be reasonable to both parties.

    If you do go to the small claims court, then you would need to show that you attempted to deal "reasonably" with Curry's. This could mean letting them attempt a second repair with the caveat that you will be rejecting future offers of repair if it fails again.


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


    tell them you are not happy to accept a second repair for such a new laptop and you will accept a replacement or full refund and see what they say.


  • Registered Users, Registered Users 2 Posts: 12,089 ✭✭✭✭P. Breathnach


    The convention is that the vendor is allowed one shot at each of repair, replace, or refund. So if a repair fails, the remaining options are replace or refund. If a replacement then turns out to be unsatisfactory, then the vendor must make a refund.

    [There is some need to maintain a sense of proportion: you cannot reasonably reject a car if two small faults arise which are repaired separately, things like a courtesy light and a window washer failing.]


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


    The convention is that the vendor is allowed one shot at each of repair, replace, or refund. So if a repair fails, the remaining options are replace or refund. If a replacement then turns out to be unsatisfactory, then the vendor must make a refund.

    [There is some need to maintain a sense of proportion: you cannot reasonably reject a car if two small faults arise which are repaired separately, things like a courtesy light and a window washer failing.]
    obviously minor faults on a car that are repaired immediately to the satisfaction of the customer and that dont take from the value of the vehicle are ok but a mobile phone is not a car and having one fault almost immediately after another is a sure sign that the goods are not fit for use and should be rejected by the purchaser.


  • Registered Users, Registered Users 2 Posts: 41,352 ✭✭✭✭Boggles


    Laptop purchased in mar. repaired in may because a line split the screen.

    screen replaced after a 3 week wait. now 3mths on and the line splitting

    3 months reaccurance of the same problem would suggest a manufacturing fault with either the screen, the video card or a power problem. Chances are if the same repair is carried out again, you will be back to square one in 3 months time.
    the screen has recurred. went back to currys who say they have the right

    to repair the same fault 3 times,

    Lolz. They just kicked it up a notch by blatantly lieing.
    i thought the original repair was meant to

    be a permanent repair? dont really want it repaired again,i want a

    replacement or a refund, i dont want to go to the small claims court

    but i will if i have to,can anyone advise me?

    The originally repair is ment to permanent.

    You have been fair, they havn't.

    The ball is in your court now. Personally I wouldn't touch another repair, and a replacement of the exact model would make me uneasy.

    Explain calmly to the manager your grievances, see what he offers you. If he is worth his salt he should come up with a deal for you.

    If not SCC, get everything in writing, etc.

    Remember a retailer has the right to offer you one of the 3 r's, your under no obligation to accept what they offer, every situation is different.


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