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View Full Version : Statutory rights on faulty hardware?


Steve Green
04-05-2007, 03:00 PM
Hi,

not sure if this is OT, but I have been having untold problems with a replacement machine that was subsituted for a laptop that was in turn lost by a courier when going in for service.

I have been having problems with faults, missing components, wrong OS, all sorts over the past 3 months, and have had enough.

The company is refusing a refund, instead offering a replacement. I have just lost faith in their ability to deliver a product after my experience with them.

Here's what has happened so far....

The bare bones of the matter are that I have been without a fully-working machine sine 9th January.

My original laptop was sent for a repair to the case under warranty, and at the same time I asked for a RAM and HD upgrade, this was done in Summer 2006.

When the machine was returned it had developed a flickering screen which eventually got so bad I had to send it in for a repair on January 09 2007 - by this time, the case had cracked again.

During the next week, the courier managed to lose the original machine and a claim was put in for the missing machine.

Eventually the claim was processed and a replacement machine was built (different model, slightly quicker). At various stages I contacted you to establish that it would match specs of the original machine with respect to RAM and HD capacity (since that had been upgraded)

I received the machine, but it wouldn't boot. As requested I tried re-seating the RAM, and trying just one stick. It wouldn't boot. I also noticed that it was short of the second HD, even though I had queried this. I also noticed that it appeared to have a lower-spec screen compared to the original. This was hard to test since I couldn't boot the machine.

The machine was returned to base.

When I got it back, the machine booted, and the screen had been replaced and the second HD added.

Unfortunately the OS was incorrect (XP Home instead of XP Pro)

A staff member attempted to talk me through a re-install of the OS, but then discovered I had been sent the incorrect CD for that machine as it had a RAID.

I asked for the machine to be picked up for you to sort out.

After a while the machine returned.

XP Pro was now on, but unfortunately the speakers weren't working properly, and the headphone socket didn't work at all and no antivirus was installed.
The machine also had a different graphics card to the one stated on the base of the machine and the shipping list, ATI instead of Nvidia.

During one of the returns I found that the machine was actually turned on when it arrived (which I am sure is not particularly healthy)

At this stage I had been without a working machine for quite a while, and I had to work onsite with something, even though it had faults. During this time the machine also Bluescreened 3 times, losing work in the process.


After this job was finished, I returned the machine yet again to have the remaining faults looked at, and the latest machine arrived on Tuesday 3th April. On booting, the machine had problems connecting to my wireless network - the screen blanked, pointer froze for 5 seconds and then returned. And then the machine bluescreened with an error related to the nvidia card. This was within half an hour of receiving it.

It has now been almost 3 months since my original machine went off for repair, and I have just had enough.

I've had promise after promise that it will be right this time - I really think I'm entitled to a refund as I feel jinxed dealing with your company. Why should I believe that a replacement machine is going to be any better? When I asked for alternatives, I was told I could have one with a smaller screen - which is unacceptable, or I could pay extra to upgrade to a different machine.



So.... does anyone know if I am within my rights in the UK to ask for a refund?


Thanks,

Steve

cyphyr
04-05-2007, 04:24 PM
It realy sucks bigtime when companies treat you like this. Often it seems like once they've got your cash they dont give a damn. Would'nt it be nice to be prooved wrong. I would have a chat with my local Citizens Advice Beauro or better still the local Chamber of Commerce (both UK institutions by the way for everyone not from Blighty). It looks from your post like you've coppied some of the text from a letter/email you sent to them (talking about "your company"). I'm sure we'd all be interested in knowing the name of the company (please not Dell).
Good luck and let us know how it turns out.
cyphyr

Steve Green
04-05-2007, 04:30 PM
No, it's not Dell.

It's Rock.

I wasn't going to mention it, because I'm not sure if it's frowned on or not. If any mods have a problem with me mentioning it, then feel free to edit/delete this post.

Cheers,

Steve

cyphyr
04-05-2007, 04:54 PM
Thats too bad, I'm a Rock fan myself, had an Extreme Ti 3.4 ghz for years, been great to me. I had to send it back once when the power lead connection at the back went south. Other than that no problems at all. It highly unlikely Rock (or any other manufacture) will offer you an upgrade and I believe they are required to offer you a replacement but not necessarily your money back. I feel that your well within your "moral" rights to get a fully functioning replacement (with hopefully an extended warenty to cover the time lost due to their incompetance)
Good luck
cyphyr

Steve Green
04-05-2007, 05:01 PM
Hi,

I was a fan - once...

Basically their position is they want to build another Extreme Ti. (I think that would be my second or third).

My position is, I don't trust their QA anymore, I would like a refund or a different line, as two consecutively bluescreening laptops (as well as other faults) is pretty bad.

Say I agree and get another replacement Ti, and it still has problems - what then?

Offering me another model if I paid more was an insult, considering how much time I've wasted dealing with their screw-ups, not to mention the inconvenience of losing a render node and being unable to go on site with it for two months-odd.

Cheers,

Steve

andytw
04-06-2007, 09:11 PM
The UK Sale of goods act 1979 (as amended) tends to use fairly vague terms, such as what is "reasonable" rather than hard and fast rules.

As Rock have tried (and failed) to repair your laptop the offer of a replacement (as long as it matches the upgraded spec you paid for) would be considered reasonable.

I think your best option is to accept their offer but get them to agree (in writing) what will happen if the new laptop also fails.
It is also worth speaking to your local councils "Trading Standards" office as they can give advice and support to resolve the problem.

On a final note if Rock agree to a refund then they can make an adjustment (i.e. reduction) for any use that you have had from the laptop so it's unlikely that you will be able to get a full refund of the purchase price.

A helpful link. (http://www.tradingstandards.gov.uk/cgi-bin/calitem.cgi?file=ADV0043-1011.txt)

Andy

Just thought I should add that if the replacement laptop fails then you could "reasonably" claim to have lost faith in Rock and claim a refund less any adjustment for use regardless of what Rock offer.

Steve Green
04-07-2007, 08:02 AM
Hi,

I've contacted the CEO of Rock and he's going to look into it when they return from the Easter break.

My main problem with another replacement is that they've tried to fix things quite a few times already

Original laptop

1st time

Cracked case

2nd time

Cracked case (again) and flickering screen


Replacement for for lost first laptop

1st time

Didn't boot, missing HD, wrong screen


2nd time

Wrong OS


3rd time

Bluescreened, faulty headphone socket, poor speaker volume, wrong graphics card


4th time

Bluescreening again, wireless problems.



So this will be the 5th return to them. I take your point though - I'll see what he has to say about it.

Cheers,

Steve

mushroomgod
04-07-2007, 09:27 AM
small claims court. Costs about £40 to setup online, never done it myself but after the amount of times that PC has been back to Rock Id say you have a good case for a full refund.


If nothing else, explain to them this is not acceptable, and if you do not receive a full refund in 7days (or something) you will be considering other ways retrieve the money/refund. Iv had clients that Iv said this to (for outstanding money) and they have payed up very quickly.

That computers worth alot more to you then them, and thats why I think they would simple send you a refund instead of going to court over it.

Ofcourse they could call you bluff, then you would have to go to court, but based apon what you have said I couldnt see you lossing. and if they lost the cost to them would be alot more than the computers worth.

Steve Green
04-07-2007, 09:32 AM
OK, cheers Matthew

I'll see what happens on Tuesday and take it from there.

Thanks,

Steve

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