Laptop Warranty

I have a laptop which was covered for a year under the manufacturers warranty and bought as part of a package from Talk Talk from Carphone Warehouse.

It was bought in September 2009 and last week, after 18 months, the hard disk drive failed completely.

I've attached a pdf where 4.1 and 5 seem to set out my position fairly clearly, but despite their warranty, I wonder if I have any argument under Sale of Goods Act 1979 S14 ss2 Satisfactory Quality, 2A and especially 2B Durability; or under The Sale and Supply of Goods to Consumers Regulations 2002 S48D ss2c (Basically the same as Sale of Goods durability); or finally if there's anything in the Supply of Goods and Services Act 1982 which would mean I could argue the point with carphone Warehouse that after only 18 monthsthe hard disk drive should not have failed.

I have googled something along the lines of, "How long should my Hard Disk Drive last?" and it basically says it should last the life of the machine with many people quoting 10 years + .

Does anyone think I have any sort of comeback despite the attached Terms and Conditions?

Thanks,

Caspar

[Guest]

Re: Laptop Warranty

Look here, post #2 panasonic camera - Legal Beagles Consumer Forum and here, post # 11 Nintendo DS Lite Broken Hinge Warranty - Legal Beagles Consumer Forum.

The terms and conditions do not supersede English law.

[welshgem]

Re: Laptop Warranty

Hello I am new to the forum .I am in a similer situatian please could you point me in the direction of the appropriate section of the sale of goods act so i can print it off and take it with me to the shop with me.
Thank you

[pompeyfaith]

Re: Laptop Warranty

http://www.oft.gov.uk/business-advic...irly/sogahome/

http://whatconsumer.co.uk/the-sale-of-goods-act/

[Caspar]

Re: Laptop Warranty

You lot are brilliant - thank you so much. That is EXACTLY what I need to stuff Carphone Warehouse! Thanks Cet and Pompey. Good luck Welshgem - you won't go far wrong with the advice on here!

[New_Age_Biker]

Re: Laptop Warranty

Casper
It may be difficult to prove the hard drive failed because of a manufacturing defect.
A computer hard drive has a shock limit, measured in g/mm or something similar, how can you prove that the system was always put down, esp with the machine running, with less force?
Inside the hard disk there is an arm and a disk (like a record player). If the arm touches the disk whilst it is spinning the disk will be toast.

Just trying to inform you, not spoil your party :beagle:

[Guest]

Re: Laptop Warranty

Casper
It may be difficult to prove the hard drive failed because of a manufacturing defect.
A computer hard drive has a shock limit, measured in g/mm or something similar, how can you prove that the system was always put down, esp with the machine running, with less force?
Inside the hard disk there is an arm and a disk (like a record player). If the arm touches the disk whilst it is spinning the disk will be toast.

Just trying to inform you, not spoil your party :beagle:

This is a perfectly reasonable question, however, there exists reasonably strong evidence that Caspar did know how to operate his laptop. The fact that it lasted 18 months is indicative of that. The standard of proof in civil litigation is that a fact must be proved on the balance of probabilities using the evidence before the court. This means that, upon consideration of the evidence admitted by the contesting parties, the account that is more likely is the one that will be accepted. The inherent probability of the allegation is considered in the process.

No retailer is likely to admit that they sell rubbish and a laptop is generally accepted to last longer than eighteen months.

[charitynjw]

Re: Laptop Warranty

An interesting read

http://www.tomshardware.co.uk/forum/...arranty-rights

[DJBrown]

Re: Laptop Warranty

On the brightside, if they dont its not much of an issue to fix if your good with a screw driver and have a small bit of knowledge about PC's. You should be able to pick up another small hard drive quite cheap and reboot windows back on. The hard drive will just slot out of the bottom. If the laptop didnt come with a bootdisk, have a word with Microsoft and explain and see if they will send one to you. If not there is Linux Unbuntu which is free.

[Caspar]

Re: Laptop Warranty

The really interesting thing for me in this thread goes beyond the computer issue to Cet's first post and the difference between a warranty / guarantee and your statutory rights. I had never really understood until I read up about it at length last night what statutory rights were. VERY useful knowledge to have.

[New_Age_Biker]

Re: Laptop Warranty

How did you aquire the machine?
Was it a free incentive if you signed for a broadband deal?
This may affect you rights (I am not sure, just playing advocate)
A replacement hard drive should cost 40-50 quid
If you made the backup disc when you first got your laptop it should restore it to the factory condition very easily

I had a brand new vehicle which pulled to the left, I rejected the vehicle, had independant reports trading standards etc. They had the manufacturer.
It would have been an expensive argument which I may not have won.

Up to you to decide if it's worth the argument

How do you know the drive is u/s? is it only the software at fault?

[Caspar]

Re: Laptop Warranty

The machine is paid for alongside a phone deal. I dopn't mean this to sound agressive, but I know perfectly well how to handle a laptop. When I was a Headteacher I was part of a strategy called the National Grid for Learning which introduced computers into all schools in England and Wales. Many went down the route of laptops with laptop trolleys and wireless broadband connections so the "computer suite" could be moved between classrooms. Obviously handling a laptop was one of the first thing you taught the children.

As far as I'm concerned, they supplied it, it has been well looked after for 18 months until this failure. They now need to resolve this in accordance with the Sale of Goods Act and supporting evidence of how long a laptop hard drive should last.

I fully expect to get no satisfaction from Carphone Warehouse (hope I'm wrong) and end up either with Head Office or going down the small claims track. With a little bit of luck, and armed with the relevant legislation and paperwork, I'll get a manager who has a brain and deals with it professionally there and then - we'll see.

Thanks to Cet at least I know my statutory rights (and what that means) so they can popint to their warranty all day long, it makes not the slightest difference to their obligation to me as a customer.

[New_Age_Biker]

Re: Laptop Warranty

Sorry, didn't mean to offend, I am only a computer engineer.
You go have your fight

[Caspar]

Re: Laptop Warranty

lol - you've not offended me in the slightest. Just saying I know enough about how to treat a laptop to stoop me knackering the hard drive. I'm always grateful for advice! That's exactly why I started the post, "I don't mean this to sound agressive..." or something like that.

Keep the advice coming - it's all useful.

[New_Age_Biker]

Re: Laptop Warranty

As I asked, how do you know the hard drive is us?
visit www.seagate.com & download seatools
This diagnostic tool will help prove the hard drive has a problem
If the machine does not run you can remove the hard drive & connect it to another machine to conduct this test
Be aware that some hgh street computers have a seal on the hard drive enclosure to prevent tampering. If this seal is broken it may well hinder your discussions

When I buy hard drives I get a 3-5 year warranty. If I buy a laptop the supplier I use gets a 2 year warranty. To cut costs the volume manufacturers buy components with a reduced warranty ie 12 or 15 months. This is part of how a manufacturer can provide computers cheaper than your local independant.

I suggested the machine may have been part of a package deal because it may have implications for you. If you pay for an item you have your legal rights which you are entitled to, however if the item is an incentive to buy (like take our broadband deal & we will give you a 'free' laptop) there may be less recourse for you. I am not a lawyer but tried to make you aware of an avenue of thought which you may wish to investigate.

The comments about how the machine was handled were the type of comment you may face when you try to argue your case. I have tried to point out that a drive has a shock rating, I would argue that a manufacturer should design his machine to protect the drive - it is not up to you the consumer to redesign the equipment. If you know the arguments you face you can prepare for them.