Forum Home
PC World Chat
Thread ID: 94809	2008-11-13 00:22:00	Computers and your rights - For Those in Business	pctek (84)	PC World Chat

Post ID	Timestamp	Content	User
719949	2008-11-13 00:22:00	Thought this might be of Interest: When I bought my computer the retailer told me I could upgrade the graphics card on it, but the motherboard doesn't have the right slot. Under the Consumer Guarantees Act (CGA), goods must match their description. The retailer should pay for a new motherboard which can accept a better graphics card or, if this is impossible, provide a refund. How long should repairs take? It depends on the type of problem, and whether parts need to be sent back to the manufacturer. Some retailers tell us they aim to fix problems within two days, but in our opinion two to three weeks is more likely. If you ask how long the repair will take you're entitled to rely on their answer. If they take longer than that time, you have rights under the CGA. Repeated "fixes" of my new DVD-writer haven't worked. Am I entitled to a replacement? Yes. When a fault is serious or cannot be fixed within a reasonable time, you are entitled to a replacement or refund. My six-month old printer has developed a substantial fault that cannot be fixed. I've been offered a refund of half the purchase price because of "depreciation". Is this fair? No. As long as a fault is sufficiently serious to warrant a refund, and you reported it promptly, the CGA requires that refund to be of the price paid. I've moved away from the town where I bought my computer. Do I have to pay the costs of sending it back for repair? In our opinion, if the repair is covered by the CGA and/or warranty then the customer should not be stung for the cost of freight within New Zealand. We consider freight to be a reasonably foreseeable consequential loss caused by a product fault, which the retailer is liable for. It is reasonably foreseeable that customers move towns. However, this isn't an open chequebook. You should ensure you use the cheapest transport option available to you, and if you have moved overseas you won't have a case at all. I know there's a problem with my computer, but the retailer can't find anything wrong with it. As long as you've identified the problem clearly and given them a reasonable chance to sort it out, you should get it looked at elsewhere. If a different service outlet finds the problem, you can claim the costs back from the original retailer. We use our computer at home for our small business. Are we still protected by the CGA? Probably not. The CGA covers products ordinarily bought for domestic or personal use. These days there's not much difference between a home computer and a business one. However, when goods are bought for commercial use the retailer has the right to contract out of the CGA (which they must do in writing at the time of purchase, for it to be effective). Most do. However, even if you're not covered by this Act, you may still have rights under the Sale of Goods Act. I want to bill the retailer for the hundred hours I've spent dealing with my unstable computer. Wasted time and stress is frustrating, but under the CGA you can only claim compensation if you offered the trader the opportunity to fix the problem early on, and can also show an actual consequential loss in monetary terms. Unfortunately "my time is valuable" doesn't usually count. Even if you use your computer for business and have lost clients or contracts because of downtime, the CGA won't entitle you to compensation, because this is a business issue outside the scope of the Act. My faulty mouse can't be replaced because it is now obsolete. You can choose between a refund of the purchase price or a similar model of the same value. If you opt for a similar model costing more you'll have to pay the difference. The retailer has agreed to replace my printer, as it cannot be fixed. But can I keep it as well as the new one? No. Consumers can't have their cake and eat it too! My monitor developed a fault just after the warranty expired. The CGA is not limited by manufacturers' warranties. It says goods must work properly for a reasonable length of time. Ask the manufacturer or other traders for their estimate of a reasonable lifespan for your monitor, then - if yours should still be in the prime of life - make the case to your retailer for a free repair. You can also have a look at our Appliance life expectancy report to see what we think. If a computer part is replaced under warranty does the warranty period start afresh? Not usually. But the new part is subject to the CGA's requirement for goods to be durable, which takes into account their age. While my computer was away being fixed the technician reinstalled Windows, overwriting several of my important files. All service providers have to use reasonable care and skill when fixing things. If you weren't warned that your files would be deleted, and can show monetary loss, the company should compensate you. However, you will probably find it very hard to prove your case, and most files like photos are priceless. Always back-up your important files before handing over your computer. A laptop I bought for university study had problems from the outset. Can I get a temporary replacement while it's being fixed? Retailers do not have to offer stand-ins during repair time. However, if you can prove that your laptop is essential for urgent assignments or exams, and is the only option available, we think you've got a good case for claiming back the costs of renting one. Remember to ask the retailer for a stand-in first. Consumer law says • A product must be of acceptable quality and fit for its purpose (Consumer Guarantees Act). • Spare parts and repair facilities must be available for a reasonable time, unless you are notified otherwise at the point of sale (CGA). • Services must be carried out with reasonable care and skill (CGA). • Consumers cannot be misled about the nature of a product or service (Fair Trading Act).	pctek (84)
719950	2008-11-13 00:48:00	in your experience, how easy are these to enforce? They all sound good and well, but when it comes to the crunch, based on most stories i have heard, it takes months to get the retailer to agree to give a refund... "I've moved away from the town where I bought my computer. Do I have to pay the costs of sending it back for repair? In our opinion, if the repair is covered by the CGA and/or warranty then the customer should not be stung for the cost of freight within New Zealand. We consider freight to be a reasonably foreseeable consequential loss caused by a product fault, which the retailer is liable for. It is reasonably foreseeable that customers move towns. However, this isn't an open chequebook. You should ensure you use the cheapest transport option available to you, and if you have moved overseas you won't have a case at all." For example, I had to RMA a harddrive. I very much doubt I would be able to get the retailer to give me back what it cost to send the drive back to them...	utopian201 (6245)
719951	2008-11-13 01:21:00	One of the biggest problems with repairs is the Owners of the PC - Lots of people expect the service company to be siting around on their butts, waiting for them to call, then have their "can't be without PC" for more than a day - tell them it will be away for even 2-3 days sometimes and you would think the world comes to an end. Some retailers tell us they aim to fix problems within two days, but in our opinion two to three weeks is more likely. Okay - 2-3 weeks is a bit long, but then again, it depends on how much work the supplier/repair has - once again people think their job should be jumped before every one else s -- How many times have we all heard " its Urgent" and I can't be without it. One of the biggest problems is when a component - say a Motherboard has failed that's now obsolete - Say the PC is 2-3 years old or older - Socket 478 - the supplier, even if the the board was still under warranty cant supply a replacement right away as 478's are now no longer being made. Will the customer wait possibly over a month to have the board fixed --- YEAH RIGHT - so the suppliers may supply the nearest model they have as a replacement within two days - but wait - its socket 775 - the 478 CPU, the DDR RAM now wont work in the new board - so the customer gets all ****ty when they have to replace perfectly good working parts because the old one failed and the new is not now compatible. Of course the old parts are NOT covered under the warranty because they are not faulty. If they waited till the old board was fixed all would be well - but they dont want to wait - its a no win problem. Then theres the case of some idiot, browsing places they should know better getting the PC reinfected after the service company has just cleaned out the PC from the previous infections -" Is that covered under warranty"-- NO - Warranties dont cover the PC if the person is a idiot. I got asked that question only yesterday - A Laptop (HP) cleaned out the laptop 3 weeks ago - the guy every day goes on the porn sites, he has all the security / antispyware etc, but play with fire and you'll get burnt. He was jumping up and down saying he thought the software I installed would stop that. As now the PC wouldn't even boot past the welcome screen. Wasn't the Porn stopping the thing from starting, it was a failing HD with LOTS of failed sectors all of a sudden ( wasn't showing 3 weeks ago) The laptop was second hand off of trademe -- Wonder whos gonna go OOPS when I call later and tell him its hardware failing. ------ Okay end of rant--------------	wainuitech (129)
719952	2008-11-13 02:07:00	//... /Rant being processed... /agreeing with rant... /agreeing with 100% of rant /feeling sorry for IT people as a collective group... //back to work... :)	wratterus (105)
719953	2008-11-13 02:30:00	Then theres the case of some idiot, getting the PC infected " Is that covered under warranty"-- I get looks of disbelief when a PC I have built self-destructs due to malware and I tell them that the (software) fix isn't part of their warranty. As for the rest, well Consumer says one thing but what would be decided if it went to the Disputes Tribunal I wonder? I have built PCs for out of town customers and I always recommend they buy local first for exactly that reason. The ones who went ahead are happy to pay courier costs to me, I pay for it to go back though.	pctek (84)
719954	2008-11-13 02:41:00	well Consumer says one thing but what would be decided if it went to the Disputes Tribunal I wonder? You just better hope the judge knows a bit about computers.	qazwsxokmijn (102)
719955	2008-11-13 03:00:00	lol, judge.	roddy_boy (4115)
719956	2008-11-13 05:15:00	Very interesting. Where did you find all that PCtek?	Greven (91)
719957	2008-11-13 05:18:00	Very interesting. Where did you find all that PCtek? consumer website, nothing new	plod (107)
719958	2008-11-13 21:01:00	I get looks of disbelief when a PC I have built self-destructs due to malware and I tell them that the (software) fix isn't part of their warranty. Do you put a disclaimer on their receipt/warranty to the effect that software isn't covered?	FoxyMX (5)
1 2 3