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Dell Chastized Over Customer Service
The Register is reporting that Dell recently agreed to give into demands from the UK's Office of Fair Trading and alter the agreements that accompany their hardware. From the article: "The OFT has spent the past few months sparring with Dell over the company's terms and conditions. The two organizations recently agreed to settle their issues with Dell changing contracts and making them "fairer to consumers," the OFT said. The specific changes, however, remain secret as neither the OFT nor Dell will reveal exact terms and conditions alterations and as Dell has kept old contracts online."
figured I might as well expand...
# limited liability for negligence to the price of the product
If you agree a price and they accept then they can't later alter this so I fail to see too many problems
# excluded liability for consequential loss arising out of breach of contract
This might need looking at although I can't imagine too much which could go wrong, if the product isn't of a merchandisable quality then you can get your money back anyway (because of the statutory rights) - there are also rights to protect you from misleading advertising - if they fail to deliver then you can simply get your money back without too much trouble.
# excluded liability for oral representations not confirmed in writing, and
No contract is worth anything if it is not in writing so I can't see how this is a problem
# required the consumer to notify Dell of any errors in its confirmation of the consumer's order immediately
You'd expect this anyway, if they refuse to help then cancel because it is within your cooling off period
- this all seems like it could be solved fairly easily anyway... you can't sign away statutory rights so consumers are safe as far as I can see...
*''I can't believe it's not a hyperlink.''
Dell's customer service in Canada has fallen so far in Canada over the last 5-7 years that as an IT consultant, I now include "avoid Dell" in my equipment recommendations to my clients. I have read their legals and there are so many "escape clauses" built in that I doubt that Dell could be forced to service anything no matter the cause if they stuck to the exact letter.
Worse still is their telephone support. I often run across people whose Dell machines have run into problems, and where a clueless telephone support tech has caused them to lose all their machine's data. One client, a tax accountant, lost an extire tax season. I know, I know, backup data - but I think everyone here knows how likely you are to get most users to reliably do so. This is just one of many horror stories.
I would just love it if Dell Canada were forced to take on some accountability for its products. Then perhaps the small business people they have actually hurt would find they had more when fighting with Dell to get a machine they thought was under warranty working again. At least for now, some have found that their only remedy is to sue.
that I've worked on were all Dells. Two of them had the same motherboard, both of which were completely dead, and both of which were no older than six months. When I called Dell to request new motherboards (since the machines were under warranty) they promptly told me that they could not replace motherboards. They then offered to send me new heatsinks. Yes, because heatsinks dissipate heat so well when they're placed on a component that can't be turned on. I was never able to coax them to send me new motherboards. I now have two dissatisfied customers. Surely, someone should kick their ass.
Hey, I'd be pretty ticked at them too if they sold me a several-thousand-dollar network cable.
# limited liability for negligence to the price of the product
If you agree a price and they accept then they can't later alter this so I fail to see too many problems
Your Dell laptop explodes due to a faulty lithium ion battery and burns down your house. Dell's liability is limited to the price of the laptop. I see a problem.
# excluded liability for consequential loss arising out of breach of contract
This might need looking at although I can't imagine too much which could go wrong, if the product isn't of a merchandisable quality then you can get your money back anyway (because of the statutory rights) - there are also rights to protect you from misleading advertising - if they fail to deliver then you can simply get your money back without too much trouble.
Consequential damages may be but are not necessarily related to warranties of merchantability and/or truth in advertising. Dell sells you 50 rack mount servers for a video production project that starts on 8/7/2006 and promises a delivery date of 8/1/2006. Dell fails to deliver the servers until two months after the delivery date. You've lost 7 weeks of production time. Those weeks of delay may be compensable as consequential damages.
# excluded liability for oral representations not confirmed in writing, and
No contract is worth anything if it is not in writing so I can't see how this is a problem.
The Statute of Frauds says otherwise. The common law says otherwise. There are plenty of ways to prove the existence of a contract that do not rely on a signed writing. I find it odd that you believe that Dell can make such representations and simultaneously protect itself from liability for making them.
# required the consumer to notify Dell of any errors in its confirmation of the consumer's order immediately
You'd expect this anyway, if they refuse to help then cancel because it is within your cooling off period
I would not expect this at all. The consumer makes an offer for a specified piece of equipment. Dell purports to accept the offer but specifies different equipment. Under the law of contracts the consumer is not obligated to do anything because Dell has failed to accept the original offer, and in fact made a counteroffer (mirror image rule). The professional sales organization shifts the effort required to catch and correct errors onto the consumer. You believe that this is equitable?
Four strikes. You're out.