Laptop warranty

[Peerzy]

Brought a laptop 7 months ago and due to me having a desktop I never really bothered to use the CD/DVD Writer in the laptop. Went to use it for the first time a few weeks ago to find that it coasters every disc I throw at it. The drive also gives crc errors when reading discs that work fine on other computers.

The drive also makes a horrible clicking noise when it's doing anything.

I formatted the Laptop last night and now iin My Computer it only comes up as a DVD-RAM drive and is still making the clicking noise.

It would coaster CD-r's as well but now I can't even get it to do anything.

The laptop was brought from a website and is made by Acer. I've sent Acer an email but I'm waiting for a reply. Ideally I would just a full refund on the item (It's hardly been used, still has the protective plastic on the back and looks new) but I just wanted to know what my rights are when it comes to things like this. I'm still in the warranty period and I'm from the UK if that makes a difference.

As far as I can see Acer no longer produce the laptop (Acer Aspire 9302) so I was thinking they wouldn't be able to replace the unit and would offer me a refund, or would they swap out the DVD drive?

Did I do the right thing going through Acer or should I contact the company I brought it from?

Thanks

[clocker]

Contact both companies and see who responds fastest.
They'll probably just replace the drive.

[Peerzy]

Contact both companies and see who responds fastest.
They'll probably just replace the drive.

Yeah, however the website I brought the laptop off of stopped selling it only a few weeks after I brought it so what are the chances of them being able to source the correct drive and be able to fit it?

Will contact the website and see what they say.

Acer got back to me but with the worst response ever.


Hello, Thank you for contacting Acer.

Regarding your enquiry,
Can your CD/DVD drive been send in computer (my computer)

Regards
Nick

Acer Technical Support Team


Opening Times
Mon – Fri
09:00 to 17:30

Tel: 0870 853 1000
Fax: 0870 853 1004
Email: [email protected]

Please reply with full history when responding to this e-mail.

It makes no sense whatsoever. I don't really want to call Acer either as the number is an expensive number and I'll be on hold for hours.


Dear James,



Thank you for your enquiry,



We can take the product back for inspection and send it to Acer for repair or replacemeant however you could also contact the manufacture on 0870 853 1000 as the turn around time would be quicker.



We cannot offer a refund as the product over 30 days old. If you would like me to raise a returns number please reply to this e-mail.



Best Regards



Mark R




Hello, Thank you for contacting Acer.

Regarding your enquiry,

We are able to proceed with your enquiry and arrange for your unit to come into our repair centre if the fault requires it for further diagnosis and possible repair. However, the manufacturing date and your date of purchase are quite far apart, more than 3 months. It does happen quite often, and is nothing to worry about.

All we ask is that you provide a copy of your original sales receipt so that we may confirm your date of purchase and warranty status. Once we have done this we can arrange to proceed with your repair. If you can attach your proof of purchase to your return email we can confirm your warranty status and resolve the problem you are currently having.

Regards
Nick W

Acer Technical Support Team


I replied with:


Hello

Attached is an image of my invoice that came with the laptop. In the top right you can see the order date and the date the item was shipped. On the order form you can see the item and serial number

I would prefer to return the item to you for a refund. The item has hardly been used and still has all the protective wrapping/plastic on it.

Thanks
James

Either way looks like I will be going through Acer, do I have any rights to request a refund through either party or is the guy right in saying that after 30 days it's only a repair they will offer?


Hello,

I have contacted Acer and am awaiting there reply, untill then why are you unable to offer a refund if the item is faulty at no fault of my own? The item has only been used a handful of times and has always had the problem. Surley the fact that the item is older than 30 days does not change the fact that item is no fit for purpose?

James

My reply to CLL, do you think I have any chance of getting a refund?

[fisherman]

I had a similar incident recently with a product that was 9 months old and made by epson.

The product stopped working after 9 months and I brought it back to the store where I bought it and they told me it was nothing to do with them after 30 days and that I had to contact the manufacturer.....

I know from experience that ALL electrical items are guarenteed for 1 full year by the manufacturer but I wasn't sure if I had to contact the manufacturer or give it back to the store and let them deal with it....

The store in question wouln't keep it in the store and I wanted to stab the smart prick behind the counter but I bit my tongue and got on to consumer rights and they told me the contract is between you (me) and the store and the store should have taken it back and either replaced it or they should have taken it and sent it back to epson for me......

To make the story a bit shorter, I went back to the store, they apologized for the inconvinence and said they would replace the item.

They hadn't got the model in stock so I picked a dearer one and they wiped out the balance as they fucked up by not taking it from me and I could have went legal on them and they knew it.


So if I were you I'd deal with the company you got it from and let them know you know what the score is.

Check out the consumer site here >> http://www.moneymatterstome.co.uk/8-Consumer-Rights-Responsibilities/Sub1/ButingGoods-SaleOfGoodsAct.htm
Look down to where it says, if there is a fault it's down to the seller to sort out and not the manufacturer

Hope you get it sorted mate, and it's down to who you bought it from, not the manufacturer.

Good luck

[Chewie]

...I know from experience that ALL electrical items are guarenteed for 1 full year by the manufacturer...Absolutely. The reason for this is to protect the manufacturer rather than the consumer. Without this stipulation, any purchased goods would be expected to last for 'a reasonable length of time', under which argument one could conceivably argue that a mobile phone should last five years. Actually, a work colleague's Nokia 3310 has only just started playing up. "/


...The store in question wouln't keep it in the store and I wanted to stab the smart prick behind the counter but I bit my tongue and got on to consumer rights and they told me the contract is between you (me) and the store and the store should have taken it back and either replaced it or they should have taken it and sent it back to epson for me.........Good to see you kept your dark side locked away there!
Did you know that Epson have designated repair centres all over the UK where you could drop it off for diagnosis and/or repair? I did... five times with two separate purchases.


...as they fucked up by not taking it from me and I could have went legal on them and they knew it...I love this. How would you have "went legal"? Bring a civil case against them because they didn't handle your case sympathetically enough? All you'd do is force them to handle the return themselves and the whole process would take much longer.


... So if I were you I'd deal with the company you got it from and let them know you know what the score is.Remember that it's not the store's fault that your unit is faulty. Being rude, presumptuous or arrogant will alienate you from them and they're likely to drag their feet with the warranty return process.

Sometimes it's easier and quicker to contact the manufacturer or <gasp> read the warranty information leaflet that came with the product; you'll often find there's a local repair centre that can take a look and fix the problem - occasionally the same day or even while you wait - for free under warranty.

[Peerzy]

Absolutely. The reason for this is to protect the manufacturer rather than the consumer. Without this stipulation, any purchased goods would be expected to last for 'a reasonable length of time', under which argument one could conceivably argue that a mobile phone should last five years. Actually, a work colleague's Nokia 3310 has only just started playing up. "/


...The store in question wouln't keep it in the store and I wanted to stab the smart prick behind the counter but I bit my tongue and got on to consumer rights and they told me the contract is between you (me) and the store and the store should have taken it back and either replaced it or they should have taken it and sent it back to epson for me.........Good to see you kept your dark side locked away there!
Did you know that Epson have designated repair centres all over the UK where you could drop it off for diagnosis and/or repair? I did... five times with two separate purchases.


...as they fucked up by not taking it from me and I could have went legal on them and they knew it...I love this. How would you have "went legal"? Bring a civil case against them because they didn't handle your case sympathetically enough? All you'd do is force them to handle the return themselves and the whole process would take much longer.


... So if I were you I'd deal with the company you got it from and let them know you know what the score is.Remember that it's not the store's fault that your unit is faulty. Being rude, presumptuous or arrogant will alienate you from them and they're likely to drag their feet with the warranty return process.

Sometimes it's easier and quicker to contact the manufacturer or <gasp> read the warranty information leaflet that came with the product; you'll often find there's a local repair centre that can take a look and fix the problem - occasionally the same day or even while you wait - for free under warranty.

I've read the warranty card that came with it, not much in it, lots of legal bullshit. Basically all I got out of it was that Acer will repair or give me a refurbished one, which I'm not happy with as although I've only used the item a few times everytime I have gone to use it I've had faults and issues.

Do I legally have any right to expect a refund from either party?

[Chewie]

I would think that 9 months is stretching it a bit.
A lot, actually.

[Peerzy]

I would think that 9 months is stretching it a bit.
A lot, actually.

Thought so, worth a try though :pinch:

[fisherman]

Chewie, the reason I was gonna go legal on them was they wouldn't take the unit off me, they said they wouldn't keep it on their premises as they couldn't be held responsible for it.
Obviously the manager didn't know their job, so I left with the unit under my arm fuming that they wouldn't accept responsibility for it.
The agreement was between me and the store, and the store and epson.
So right up to the full 1 year guarentee, the store have to take it from you and get it fixed.

Or as you said you can go to the manufacturer direct, but the way I saw it was I bought it here and you should look after me, and they didn't want to.

I don't live in the U.K by the way so it would be a little harder for me to go to epson direct, but I could have went out of my way I suppose but I'd rather the place where I purchased it look after if for me.


Peerzy, you won't get a refund, but the place where you purchased it has to sort it out for you as in fix the problem or replace the laptop or if the model is not in stock they'll have to give you the closest model to it.

[Snee]

Sounds like it'd be cheapest for them to just replace the drive.


been send
:glag: be seen.

I guess he thinks it still might be a software issue or something.

[Chewie]

Peerzy, you won't get a refund, but the place where you purchased it has to sort it out for you as in fix the problem or replace the laptop or if the model is not in stock they'll have to give you the closest model to it.The warranty for the laptop is not from the store, it's from the manufacturer. The only obligation the store is under is to handle the warranty if the customer chooses; anything above and beyond this is a bonus.
Repair or replacement will be at the manufacturer's discretion.

Also, I didn't ask why you were going to 'go legal', I asked how.
The sale is between you and the shop while the warranty is given by the manufacturer to you. The store itself will pass it on to the manufacturer for you but won't have to get it repaired if the manufacturer rejects your warranty claim.
Actually, that's not strictly true; they can repair it or have someone else repair it but you'd have to pay.

[fisherman]

I know the warrenty is not from the store it's from the manufacturer, but what I'm trying to say is, if your purchase goes pear shaped within the 1 year manufacture guarentee, you can bring it back to the store and they will have to send it back to the manufacturer for you. Or you could sent it back to the manufacturer yourself what ever is easier for yourself. But the store will have to send it back to the manufacture if you request them to. It's the law.

[lynx]

Although the manufacturer may seem to be offering 12 months warranty, you actually have no contract with them. Your contract is with the supplier, it is up to them to sort things out. In legal terms, the supplier is offering 12 months warranty, which they in turn get from the manufacturer.

I assume that you bought the laptop from CCL (not CLL at you've quoted). I've dealt with them extensively for quite a few years, and I'm pretty sure they will do their best to sort the problem out for you. I've taken things back only days before the 12 months warranty has expired and they've replaced the item without a murmur. They really will help you if they can. Their suggestion to send the laptop back to Acer is simply to try to speed things up, but I'm not sure how that stands from a legal point of view.

I don't know the model in question, but I know that the optical drives in most laptops are easily removed. If you explain that you can't be without the laptop for an extended period maybe they will let you just send the drive back.

My suggestion is to give them a ring on their Customer Service number (01274 471206) and ask them what the options are, and (assuming the drive is easily removed) try to find out if that's an alternative.

[Peerzy]

Although the manufacturer may seem to be offering 12 months warranty, you actually have no contract with them. Your contract is with the supplier, it is up to them to sort things out. In legal terms, the supplier is offering 12 months warranty, which they in turn get from the manufacturer.

I assume that you bought the laptop from CCL (not CLL at you've quoted). I've dealt with them extensively for quite a few years, and I'm pretty sure they will do their best to sort the problem out for you. I've taken things back only days before the 12 months warranty has expired and they've replaced the item without a murmur. They really will help you if they can. Their suggestion to send the laptop back to Acer is simply to try to speed things up, but I'm not sure how that stands from a legal point of view.

I don't know the model in question, but I know that the optical drives in most laptops are easily removed. If you explain that you can't be without the laptop for an extended period maybe they will let you just send the drive back.

My suggestion is to give them a ring on their Customer Service number (01274 471206) and ask them what the options are, and (assuming the drive is easily removed) try to find out if that's an alternative.

It was CCL yes. I've been through both parties now and both lead me to the same door which was to send it back to Acer. Acer came and collected the Laptop from me yesterday and emailed me to say they have recieved it. Only thing that worries me is that if it isn't a hardware fault but a software or something I've done they will charge me £37 to get my laptop back :huh:

I installed a brand new copy of XP and then a brand new copy of Nero and tried to burn some dummy files and it spent about 5 minutes making noises and clicking before failing on 3%.

I saved the nero log and included the dvd in the package I sent to them.