Consumer rights help

[armynick]

I bought a Fujitsu Seimens from a resale outlet last Oct. for the price of nearly £1500.

After very little use and a few months later it crashes. it took 4 wasted days of my last few days back in the UK to get it collected and fixed under warrenty.

A month later it's still there and there's no sign of the part they need to fix it.

I lost a lot of work and pictures that were on this laptop and also needed it for work. Luckily for me I have my old one still.

My question is, is there any way I can get my money back as I feel I've been ripped off and no one wants to take responsibility or help. If I was self employed and needed it for work, where would I stand legally?

The way I see it I've been sold a faulty item and it's taken an unreasonable amount of time to remedy it.

Any ideas? Thanks

[J1mmyD]

armynick said:

I bought a Fujitsu Seimens from a resale outlet last Oct. for the price of nearly £1500. After very little use and a few months later it crashes. it took 4 wasted days of my last few days back in the UK to get it collected and fixed under warrenty. A month later it's still there and there's no sign of the part they need to fix it. I lost a lot of work and pictures that were on this laptop and also needed it for work. Luckily for me I have my old one still. My question is, is there any way I can get my money back as I feel I've been ripped off and no one wants to take responsibility or help. If I was self employed and needed it for work, where would I stand legally? The way I see it I've been sold a faulty item and it's taken an unreasonable amount of time to remedy it. Any ideas? Thanks

As it stands, this machine would still be under the manufacturer's warranty. It is for the manufacturer's designated repairer to decide whether the machine should be repaired or replaced. Perhaps your first port of call would be to speak to the most senior person you can at their call centre and suggest that, after the period of time they have spent waiting for a new part, it would be more practicable to replace the machine with a comparable model. In addition (and particularly if you haven't taken an extended warranty) you should suggest that the warranty be extended by a month to cover the time that you have not been able to use the machine.

Your consumer protection raights come from s.14 of the Sale of Goods Act. AS A LAST RESORT ONLY quote that to them.

(I'll find it out for you)

lawteacher.net said:

Implied terms about quality or fitness Section 14 provides: (2) Where the seller sells goods in the course of a business, there is an implied term that the goods supplied under the contract are of satisfactory quality. (2A) … goods are of satisfactory quality if they meet the standard that a reasonable person would regard as satisfactory, taking account of any description of the goods, the price (if relevant) and all other relevant circumstances. (2B) … the quality of goods includes their state and condition and the following (among others) are in appropriate cases aspects of the quality of goods - (a) fitness for the purposes for which goods of the kind in question are commonly supplied, (b) appearance and finish, (c) freedom from minor defects, (d) safety, and (e) durability. (2C) The term implied by subsection (2) above does not extend to any matter making the quality of goods unsatisfactory - (a) which is specifically drawn to the buyer's attention before the contract is made, (b) where the buyer examines the goods before the contract is made, which that examination ought to reveal, or (c) in the case of a contract for sale by sample, which would have been apparent on a reasonable examination of the sample. (3) Where the seller sells goods in the course of a business and the buyer, expressly or by implication, makes known - (a) to the seller … any particular purpose for which the goods are being bought, there is an implied term that the goods supplied under the contract are reasonably fit for that purpose, whether or not that is a purpose for which such goods are commonly supplied, except where the circumstances show that the buyer does not rely, or that it is unreasonable for him to rely, on the skill or judgment of the seller … The terms implied by sections 14(2) and (3) are conditions: s14(6)

[granville]

You've been without it more than a month and it's less than a year old.

You are entitled to a replacement or full refund forthwith, end of story, no argument.

Tell the vendor this and if they blagg you threaten them with a small claim.

If they do nothing/say bugger off and you can prove via documentation the length of product denial then I guarantee you will prevail.

Unfortunately, such rights do not extend to car owners. They have to bend over and suffer forced proctoprobings.


Quentin DeR.

[J1mmyD]

For some reason I couldn't carry on typing into that last reply, so this is an addendum:

your contract is with the store you purchased the item from. You should (if you fail to get a satisfactory response from the repairer) contact the store you made the purchase from.

I should warn you, you will get the runaround and you will get frustrated. I've been in exactly the same position you've been in with the Viao I'm typing on right now.