Problem with PC

[Palookaville69]

Hi,

I have an issue that needs clearing up if anyone can help.

I purchased a PC for my business from an IT reseller in 2009 and the warranty was a one year manufacturers warranty which then expired in Nov 2010. I had a problem with the hard drive in the PC approx 3 months after the warranty expired. The reseller provided me with a replacement hard drive which i purchased from them. Six months later that hard drive failed and the reseller arranged for a warranty replacement from the hard drive manufacturer which was carried out.

It was determined that it may have been a problem with the original tower unit that has caused the problem with both hard drives. However after approching HP are refusing to swap the unit out and I belive under EU regulation 199/44/ec the responibility now lies with the IT reseller to replace the unit free of charge. My understanding is items can be taken back up to 2 years and under UK law, buyers in England and Wales can get a partial refund or full repair up to
six years after the purchase was made (five years from discovery in Scotland)


Am I right?

[teaboy2]

Re: Problem with PC

Hi Palookalike.

Your right all new goods must come with a 2 year warranty under the EU Directive - However thats all it is just a directive, and is therefore only partially adopted by the UK, so its use is a grey area. Also UK Consumer Law does not state the need for 2 year warranty but only that goods are "as described, fit for purpose and of satisfactory quality".


So in away HP is right, the warranty has expired and they are no longer required to honor the warranty since it has expired. Also as it has been over 6 months, it is the consumer that must prove that the fault or damage did not occur as a result of misuse. Where as during the first 6 months, it would be the seller/manufaturer that would have to proof it was caused by the consumers misuse. Though most Sellers/manufacturers will take items back and test them to see if the fault was caused by misue throughout the whole warranty period. But after that, you don't really have any chance of getting them to repair it and will likely have to have it repaired by a 3rd party IT Specialist.

I know its not what you wanted to hear, but thats the truth am afraid. Though by all means you can try the EU regulations, by throwing them at HP and see if it persuades them, as many people do with mixed results.

You will find more info here - http://www.thisismoney.co.uk/money/b...ty-EU-law.html

[Palookaville69]

Re: Problem with PC

Hi,

Many thanks for your reply.

Does the fact that it was a business to business transaction have any bearing this? It wasn't a purchase from a retail shop.

[teaboy2]

Re: Problem with PC

Hi,

Many thanks for your reply.

Does the fact that it was a business to business transaction have any bearing this? It wasn't a purchase from a retail shop.

If your the end user of the PC, then no, the fact it was a business to buisness transaction has no bearing on the warranty. As the warranty is for a fixed period only, regardless of whether your a private consumer or a business.

I personally think you should write to HP qouting the EU regulations in full, as even though they are only a directive and not fully adopted into UK law, they may well still relent once you make them aware of the EU regulations, as they must give 2 year warranties in those EU countries that have adopted the regulations into law, so if they only gave you 1 year, then its likely that thay gave 1 year warranties in other EU countries insteasd of 2 year warranties, and are likely not aware of the regulations. Which if reported to the EU could get HP in a lot of trouble. If you get what i mean.

[Palookaville69]

Re: Problem with PC

Thank you once again

If I do contact HP and they refuse to budge can I not go back to the reseller and claim against them as they are the seller??

Thank you

[teaboy2]

Re: Problem with PC

Thank you once again

If I do contact HP and they refuse to budge can I not go back to the reseller and claim against them as they are the seller??

Thank you

You could try but the sales of goods act would be in favour of the seller as it clearly states in the act that all is required is ""as described, fit for purpose and of satisfactory quality" when first purchased and for a reasonable period of time there after. Also the buyer is entitled to a reasonable period of enjoyment of the item since purchase. So between when you pruchased the PC and when the first problem occured, that they have refused to repair under warranty due to it being over 1 year since pruchase, they would argue was a reasonable period of quite enjoyment, hence why the warranty was for only 1 year. The warranty is the manufacturers not the sellers so the seller will likely tell you its between you and the manufacturer as the warranty was not given by the seller, but the manufacturer.

You can always try the seller, but your best bet would be qouting the EU regs to HP to be honest.