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Thread ID: 120436 2011-09-08 11:23:00 Computer Repairs and CGA Jon (16540) Press F1
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1229786 2011-09-09 01:52:00 Hi

Thanks for comments so far.

Based on information provided, totally agree with Wainuitech comments #8 but must apologise as I should have provided more details around the circumstances as to why I requested a refund but I wanted to be fair to the retailer and manufacturer and not go into detail of the case. As a non-techie, my question was concerning if repairs were “substantial” in relation to definition of S21 of CGA.

To answer some of the question raised and provide some further details,

1) Laptop is a well respected brand and offers a 24 month warranty.
2) Wll looked after and battery has been removed and used as desktop.
3) Repaired twice previously, one of those repairs requested concerned the power adapter which was getting significant hotter than expected (when compared to earlier model I purchased that used the same adaptor). Manufacturer gave assurances that the adaptor was within expected heat range and did not required to be replaced.
4) Laptop would sometime shut down after long period of use but I didn’t realise until now that this was a warning signal.
5) Total failure of laptop requiring over $1,000 of repairs.
6) Retailer refused to repair laptop under CGA after being pressed on three occasions, now I will ask tribunal to apply the full extent of the law.

I still believe the brand is a good quality brand and would probably buy the brand again but unfortunately with this model purchase it hasn’t lasted.
Jon (16540)
1229787 2011-09-09 02:55:00 to be fair....
Some Laptops (& other things) are just lemons , with design/manufacturing issues.
Do a bit of research on that model, look for product recalls, & issues with overheating etc.
Check the manufactures forums for evidence of issues with that model

But, if people really want 3+ year warranties, they should pay the extra cost of a model with 3 year factory warranty.
The cheaper laptops are infact cheaper in partly due to the 1(or 2) year warranty.

"5) Total failure of laptop requiring over $1,000 of repairs"
That is obviously substantial, in cost alone . - doesnt mean your claim would/wouldnt be justified though :2cents:

Getting a Disputes Judgement in your favor is no guarantee of ever getting re-imbursed
1101 (13337)
1229788 2011-09-09 03:01:00 Just a follow up on the points mentioned.

Thanks for the better rundown -.

#3 Some power adaptors do get very hot. Mine is one -- if its been running for a while, I wont put it back in the carry case till its cooled down - a safety measure, it gets very hot, but has never stopped working in 7 years.

#4 -- Sounds a bit like over heating of some description, that can be caused by several things, including, but not limited to clogged cooling vents, the surface the laptop was on, meaning anything soft even a cloth will /can affect the cooling.

#5 - If that figure includes labor, just depending on the charge out rate that could be the highest cost.
Wont be a total failure - if it were the motherboard would have failed as well.

Can you please advise as to why it was advised the LCD had failed ?? or to put it another way -- What is wrong with it ?

Edited;
definition of S21 of CGA Where on the CGA is that please -- I have looked and cant see anything relating to S21 ??????
wainuitech (129)
1229789 2011-09-09 04:11:00 3) Repaired twice previously, one of those repairs requested concerned the power adapter which was getting significant hotter than expected (when compared to earlier model I purchased that used the same adaptor).

They do get hot. They die. They're not exactly high quality power supplies - they can't be - imagine something like a high end desktop PSU connected to a laptop, not practical.
So they die and you buy another, not exactly a major expense.

happened to a friend the other day, he borrowed my generic one until his gets here.


4) Laptop would sometime shut down after long period of use.

Probably filthy, you need to de-fluff them.

5) Total failure of laptop requiring over $1,000 of repairs.
6) Retailer refused to repair laptop under CGA .

No kidding. I wouldn't fix it either. If you did that to me I'd just buy you another one which would cost less than all this fluffing around.


As for CGA, you might find they agree with him - there are no hard and fast rules on it you know, all depends on:
Brand
Problem
Age
Usage
Problems
pctek (84)
1229790 2011-09-09 12:47:00 wainuitech #14
Can you please advise as to why it was advised the LCD had failed ?? or to put it another way -- What is wrong with it ?
Where on the CGA is that please -- I have looked and cant see anything relating to S21 ??????

Spoke to tech agent administrator as to what was wrong with laptop that required so many parts replaced but they said they didn’t know and the details were not included on the quote. Not sure why LCD needed replacing but due to its position I would not have expected it to have a heat problem.

Have also included part of CGA S21 you were interested in which also reference S18(3). The correct term used is "substantial character"

S21 Failure of substantial character
For the purposes of section 18(3), a failure to comply with a
guarantee is of a substantial character in any case where—
(a) the goods would not have been acquired by a reasonable
consumer fully acquainted with the nature and extent of
the failure; or


CGA S18(3)
Where the failure cannot be remedied or is of a substantial
character within the meaning of section 21, the consumer
may—
(a) subject to section 20, reject the goods in accordance
with section 22; or
(b) obtain from the supplier damages in compensation for
any reduction in value of the goods below the price paid
or payable by the consumer for the goods.


These claims are usually decided on a case by case basis so will be interesting to see what is finally decided by tribunal.
Jon (16540)
1229791 2011-09-09 23:38:00 just buy a new laptop.

3 years is a reasonable time i think, and laptops nowadays are so much better specced
GameJunkie (72)
1229792 2011-09-10 00:06:00 Just reading back to the original post it was mentioned
Retailer has agreed to repairs after lodging disputes claim Ok they didn't want to do it, but are being told they have to.

So going by that - and your comments of why you may reject it - it looks like you simply want a newer Laptop after using your existing one for three years.

The damaged parts that would be installed should be new. So it will be working within its specifications, (which is all they have to do) you are not entitled to a newer model unless the original one is not available. Even then they could still give you a Vista Laptop of the same specs.

I had a customer try and pull that same stunt that you are trying (by the looks of it) with a laptop that WAS still within warranty several years back -- After I talked to the suppliers they agreed and replaced the complete laptop, with a brand new one. Exact same model and make -- he tried to argue, but got told, you had replaced what you originally brought.

He wanted a newer model --- didn't happen as he wasn't entitled to it. He was jumping up and down yelling CGA -bull -- he got replaced what he originally had, there was no problems replacing as it was in warranty.

Laptops should last three years, as I was told By the people @ Consumer once when asking whats a reasonable life time. Your laptop is three years old.


Just something of interest, since you like the CGA so much - you forgot to mention under:

Loss of right to reject goods:

In subsection (1)(a), the term reasonable time means a period from the time of supply of the goods in which it would be reasonable to expect the defect to become apparent having regard to -

the right is not exercised within a reasonable time within the meaning of subsection (2) ( below)


(b) the use to which a consumer is likely to put them:


(c) the length of time for which it is reasonable for them to be used:


(d) the amount of use to which it is reasonable for them to be put before the defect becomes apparent.



So three years usage --- a power adapter getting hot is not considered a major failure.

Edited: keep in mind also, that the price of labor is generally not covered when doing hardware claims. So even in you do get to win so to speak, you may find you don't get $1000
wainuitech (129)
1229793 2011-09-10 00:19:00 I had a motherboard fail just one month before the 3 year warranty expired. It was replaced with a refurbished one of the same model which I'm happy with.
:)
Trev (427)
1229794 2011-09-10 01:22:00 I would expect a laptop to last 2 years (unless it is really cheap model). 3 years might be pushing it unless you research what you are buying & make sure you get a really good quality model. I recently had a local retail store send in a mistreated 2.5 year old laptop that the customer was trying to get fixed under the CGA. I would have liked to have told her the laptop has exceeded its life expectancy, but she was such an a**shole to the store they got it fixed just to be rid of her. Sent it up to Dove & they covered part of the cost under the long ago expired warranty. Greven (91)
1229795 2011-09-10 02:22:00 Wainuitech #17
1. Just reading back to the original post it was mentioned
Retailer has agreed to repairs after lodging disputes claim
Ok they didn't want to do it, but are being told they have to.


The retailer delayed the agreement to repair laptop (over three week) and on three separate occasions rejected meeting any cost of the repairs, out of warranty, at client cost. Therefore as soon as I lodged a claim with tribunal they suddenly agreed to repair, they make it difficult for customer to seek repairs when in this case the laptop was only one year out of manufacture expressed warranty and still covered under CGA.

If the retailer had been more reasonable upfront I may have meet some of the cost of the repairs or accepted a suitable replacement but if the retailer makes you jump through hoops , try to fob you off, don’t respond unless you make a claim then I will seek the full extent of the law. Prior to this I wasn’t aware of my rights under the CGA but that where this forum and other sites are useful. I would prefer not to have to use it.

Wainuitech #17

So three years usage --- a power adapter getting hot is not considered a major failure.

Agree; but do you consider the current faults to be a major failure?
Jon (16540)
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