Laptop Issue

bennyc

Hi I have a thread over on the Laptops section but I might get some info here too.

Basically I lad bought a very high spec laptop from Laptops direct and it failed after 15 months. He called Laptops Direct who advised him to go to Acer directly. He did and sent it back to them to have a qoute done for repair. The fault is with the system board of the laptop. The cost is circa 600 stg.
He checked with Irish Consumer services and was told the Company is UK based so they couldnt help. Whats his next step ? EU Comsumer Services or UK Consumer Services. He is in UNI in Scotland if having a UK Address helps. Has anyone any contact details of where he should go.
The laptop was about 1700 pounds before VAT Feb 2010.

Badgermonkey

Was the laptop delivered to him in Ireland or Scotland?

If Scotland, refer to the Sale of Goods Act:
http://webarchive.nationalarchives.gov.uk/+/berr.gov.uk/whatwedo/consumers/fact-sheets/page38311.html

If Ireland, see EU Directive 99:44
http://europa.eu/legislation_summaries/consumers/protection_of_consumers/l32022_en.htm

After six months, the burden of proof of an inherent fault at the time of purchase will fall on the consumer. At £1700, that's a high end machine and assuming it hasn't been roughly treated, it is reasonable to expect it to be functioning 15 months after purchase.

Your contract is with the retailer, they advised you to contact Acer but they are primarily the party from whom you should seek redress. The fact you have sought assistance from Acer in no way diminishes your right to hold the retailer to account.

Try to obtain detailed info from Acer on the precise nature of the fault by email, how/why it occured etc.

Email the retailer outlining the nature of the problem, quote costs of repair and your wish to seek a remedy and await their reply.

The European Consumer Centre can contact their sister organisation in the UK to present your case to the retailer. They DO NOT have powers of enforcement however and the process may be time consuming. Definitely worth speaking with them though. Tel: 01-8797620

The European Small Claims Court costs €15 to bring an action at your local District Court and its judgements are enforceable in the UK. It's usually a written procedure only, with no legal representation necessary.

slimjimmc

Badgermonkey wrote: »

Was the laptop delivered to him in Ireland or Scotland?

If Scotland, refer to the Sale of Goods Act:
http://webarchive.nationalarchives.gov.uk/+/berr.gov.uk/whatwedo/consumers/fact-sheets/page38311.html

If Ireland, see EU Directive 99:44
http://europa.eu/legislation_summaries/consumers/protection_of_consumers/l32022_en.htm

After six months, the burden of proof of an inherent fault at the time of purchase will fall on the consumer. At £1700, that's a high end machine and assuming it hasn't been roughly treated, it is reasonable to expect it to be functioning 15 months after purchase.

Your contract is with the retailer, they advised you to contact Acer but they are primarily the party from whom you should seek redress. The fact you have sought assistance from Acer in no way diminishes your right to hold the retailer to account.

Try to obtain detailed info from Acer on the precise nature of the fault by email, how/why it occured etc.

Email the retailer outlining the nature of the problem, quote costs of repair and your wish to seek a remedy and await their reply.

The European Consumer Centre can contact their sister organisation in the UK to present your case to the retailer. They DO NOT have powers of enforcement however and the process may be time consuming. Definitely worth speaking with them though. Tel: 01-8797620

The European Small Claims Court costs €15 to bring an action at your local District Court and its judgements are enforceable in the UK. It's usually a written procedure only, with no legal representation necessary.

There's no such rule* under Irish law, although it may be the case in other jurisdictions. Irish law does not require that any fault was inherent, and it does not assign any responsibility to either party for proving if such a fault existed at the time of purchase. Neither does it assign any responsibility on either party to prove the cause of the fault.

What the law does require is that the consumer shows the fault exists, but not that it was inherent or existed at the time of purchase.


* The only exception to this relates to selling an unsafe vehicle to an unaware consumer, which puts the onus is on the dealer to prove the car was safe at the time of sale.

Badgermonkey

slimjimmc wrote: »

There's no such rule* under Irish law, although it may be the case in other jurisdictions.

Yes, the U.K.

Irish law has no bearing on matters outlined above. Informative nonetheless.

Q13. What does the "reversed burden of proof" mean for the consumer?

It means that for the first six months the consumer need not produce any evidence that a product was inherently faulty at the time of sale......This reversal of the usual burden of proof only applies when the consumer is seeking a repair or replacement. After the first six months the onus of proof is again on the consumer.

http://webarchive.nationalarchives.gov.uk/+/http://berr.gov.uk/whatwedo/consumers/fact-sheets/page38311.html

Directive (99/44/EC)

Article 5

Time limits

3. Unless proved otherwise, any lack of conformity which becomes apparent within six months of delivery of the goods shall be presumed to have existed at the time of delivery unless this presumption is incompatible with the nature of the goods or the nature of the lack of conformity.

http://eur-lex.europa.eu/LexUriServ/LexUriServ.do?uri=CELEX:31999L0044:EN:NOT