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Retailer Refuses Hardware Repair Due To Linux
Tikka writes "Today I visited PC World (London, UK) because my 5-month-old laptop has developed a manufacturing fault: the hinge to the display has started to crack the plastic casing. Anyone in the know will know that this is due to the joint inside, and it means that in time the screen will separate from the keyboard. Repair was refused, because I have Gentoo Linux on my laptop, replacing the Windows Vista that was pre-installed. PC World said that installing Linux had voided my warranty and there is nothing they will do for me. I spoke to a manager, who said that he has been told to refuse any repairs if the operating system has been changed. I feel this has really gone against my statutory rights and I will do everything I can to fight it. I will review comments for your advice."
The Magnusson-Moss Warranty Act is a US federal consumer protection law setting requirements for consumer product warranties. One key provision of the act is that a warranty cannot be voided by the use of "unapproved" or "aftermarket" parts, or by modification, unless it can be proven that the damage or failure was caused by that action. The legal burden of proof is on the manufacturer to demonstrate that the customer's actions caused the problem. The intent of this law was to prevent manufacturers from locking customers into using only their own consumables and replacement parts -- a practice that was popular at the time, with products ranging from vacuum cleaners (generic-brand bags void warranty) to cars (OEM replacements parts only, or the whole warranty is void). Many companies will still try to dishonor a warranty if a product has been modified, but this is clearly illegal and case law has upheld the consumer's right to modify products and use "unapproved" accessories and replacements time after time. Long story short -- in the US, you shove the laptop where the sun don't shine and threaten to sue (the American Way). In the UK? I don't know.
I am a geek attorney, but not your geek attorney unless you've already retained me. This is not legal advice.
One could have just as easily turned the auto sleep off under windows and gotten the same result. I've set a few friend's Windows laptops that way because they hated it sleeping every time they were downloading something and closed the lid!
A laptop should still cool properly with the lid closed.
While working tech support for an elementary school, I encountered a G3 iMac that wouldn't boot properly and "sad mac-d". I was able to get the error codes and it showed bad motherboard. I called up Apple tech support, explained the situation and gave the phone tech the codes I'd received and mentioned the symptoms I'd noticed. I was then asked what software we were running. The school happened to have an older version of Microsoft works or some such (this was over 8 years ago, forgive me if I'm foggy on the details) and, humoring the phone support tech, I mentioned the software. I was promptly informed that Microsoft Works was clearly causing the computer not to boot, Apple didn't support it, and not to call again with this problem. Figuring I wouldn't get anywhere with this guy, I hung up, called again, explained the problem to the new tech and Apple had a man on site in 48 hours to replace the motherboard. Unsurprisingly, the computer with the new motherboard worked fine with the old version of works - just like the 100+ other iMacs on the campus.
I assume the tech was simply lazy and was looking for a way out. Had to be pretty lazy to not want to fill out a simple form. He also could've been extremely stupid. But in any case, it's not unheard of, even from a company supposedly known for customer service like Apple.
I reckon you have an open and shut case [if you will excuse the pun]. Write a letter to PC World [make it registered delivery so you know it was received] pointing out that the laptop has a MECHANICAL defect and you require it to be fixed. Be sure to include when and where you bought it, COPY of receipt, the managers response and a picture if you can of the damage. The fact that you have changed the operating system is of no consequence as its a mechanical hinge. Make it polite but also point out that PC World has a reponsibility under the Sale of Goods Act 1979 and they are in breach of that. If PC World say take it up with the manufacturer, ignore that, your sale contract is with PC World.
If PC World still refuse [and they probably will] then take them to the small claims court. As long as you have documentation, letters, dates and can prove that you have given them ample opportunity to resolve the matter there is a good chance the Judge will rule in your favour. Collecting your money after that can be a bit of a pain, but you will get it - they are not a 2bit operation after all.
See this link to the DTI, especially Q3 and Q10. Be polite but stick to your guns.
They probably don't have a leg to stand on anyway. Unfair terms in a warranty are void under English law, and it's hard to see how a term in a warranty pertaining to software could have any fair bearing on design flaws.
To the OP: a good first stop is www.consumerdirect.gov.uk, a site run by the Office of Fair Trading that offers advice to "consumers". Their advice is extremely vague, but you can contact them with the details of your situation. But an encouraging word from this page:
Exclusion clauses
Some traders might try to escape their responsibilities under contracts by using exclusion clauses, for instance by saying that they accept no liability for loss or damage. If an exclusion clause is unfair it is legally void and cannot be used against you.
Generally, only a court can decide if a contract term is unfair. But any exclusion of liability, whether in a contract term or on a notice, is always void if it is used for the purpose of evading liability for death or personal injury caused by negligence. Also, a trader selling goods cannot exclude liability for a breach of your statutory rights - for instance by displaying a sign saying: 'no refunds given.' An attempt to do this is an offence.
Similar statements about services - for example: 'no responsibility for loss or damage to garments, however caused' on the back of a dry cleaning ticket - are not illegal. But such terms are not enforceable if a court finds them unfair.
There's another line saying they have "more information about Unfair terms in contracts", but the link doesn't work. Like I said, it's vague. I could wish for your sake that UK law had something half as useful as exists in my country. Cold comfort, I fear.
In the UK, new goods sold from a shop to a private customer must be fit for purpose. This is a statutory obligation, and the related consumer rights cannot be waived regardless of anything the shop says. Those rights derive primarily from the Sale of Goods Act. The law provides for various replace/refund possibilities, depending on what is reasonable given the nature of the problem and how long it has been since the item was bought.
Protection can last for several years if this is the normal expected lifespan of the item purchased, but the law isn't stupid: you probably aren't entitled to a full refund if your device that should last at least six years fails after only five, for example, though you might find you're entitled to a contribution towards repair or replacement.
For recently purchased items, shops might like to offer you gift vouchers or something rather than a refund, but they'll be out of luck if they try to make it stick and you fight them. Most managers know this, and will back down when confronted. They know they will likely lose a case in the small claims court, and incur costs (we have a loser pays legal system) and damage to their store's reputation as well as having to pay up in the end anyway.
There are additional legal remedies connected with various specific circumstances, such as the Distance Selling Regulations, but these don't seem to apply in this case.
If I were the guy who'd been screwed here, I would first return to the shop, ask politely to speak to the manager, inform him that I didn't find his staff's behaviour reasonable, and ask for what I believed that I was reasonably entitled to under the consumer protection legislation. If that didn't work, I'd consult my local Trading Standards folks, who are generally knowledgeable, helpful, quick to answer questions and on the consumer's side. Then I'd probably do whatever they suggested was best in the circumstances, which might mean anything from sending a registered letter of complaint to the business's head office to filing against them in the small claims court (which can actually be done on-line quite efficiently these days).
Insert standard disclaimers here: I'm not a lawyer, this isn't legal advice, and if you follow any advice you find on Slashdot without checking it for yourself then you deserve whatever comes of it. If you want real legal advice, speak to a lawyer, or at least your local Trading Standards, Citizens Advice Bureau or similar reputable organisation.
If you disagree, post your argument. (-1, Overrated) isn't your personal censorship tool for views you don't like.
Hi, just so you know, your problems with getting your laptop repaired are probably worse than you envisioned.
Please, DONT take any of this personally against YOU... it isnt. It's just what you will experience and why...
Here's why your problems may be worse:
The manufacturer's warranties do not cover broken plastics or hinges. If *you* think it is a manufacturing defect, that is usually quite irrelevant to the manufacturer (who is the one who needs to approve the in-warranty repair - and will NOT send the hinges or plastics to the repair center). (See note at bottom)
Now, I am NOT disputing that this may be a manufacturing defect - I'm advising you (from years worth of experience) what additional problems you will run into.
IF your machine is NOT an HP or Compaq, you can remove the drive and bring it someplace else for repair - explaining to them that you dont want to risk your data being lost/drive being formatted (which the vendors often do), and NOT mention Linux at all.
IF your machine IS an HP or Compaq, then you can TRY that method, BUT, HP/Compaq require service centers do a FULL diagnostic of the machine for ANY warranty work - which presents a problem if the drive is not installed. Sometimes, you will find a sympathetic service center manager who will take the machine in anyway and fudge the diag results, and send the machine to HP/Compaq with a note saying that the service center has the drive and all diags passed.
I truly think your battle will be related to the fact that plastics and hinges are not covered under warranty though. The way to TRY to combat that issue is to have documented proof that others with the SAME model are also experiencing such problems (hinge issues rarely occur to just one machine... the batch off that same assembly line will show such problems). If you can find sufficient proof that others with the same model have the same problem, then the service center manager can fight the manufacturer to try to get the plastics and hinges (which are quite expensive).
When you bring the machine back in, please keep in mind that the decision to repair the hinges and plastics is NOT up to the Service Center Manager - he does not approve the parts shipment - or the shipment of your machine to the manufacturer - the MANUFACTURER does... so be patient, and don't go off on him because the manufacturer says no - and give him as much info as you can find to help him fight their decision - BECAUSE, their decision is NO (and told to the service center managers long before you ever brought your machine in), and that NO stands except in two cases... (1) a service center manager that you have not pissed off to the point he wont fight it and/or have helped give enough proof it IS a defect, and (2) a class action lawsuit (or threat thereof) that forces a manufacturer to take the blame for it.
Keep in mind, until #2 occurs, you and the manufacturer are bound by that warranty - which states no plastics, no hinges covered - UNLESS the manufacturer is convinced it is a defect - which they won't be just because you think it is (no matter how right you are).
Robert
Former Tech Manager
CompUSA
StarTrekPhase2 - The Five Year Mission Continues!
This has nothing to do with what OS is installed on the system, or they can prove that installing the OS damaged the screen joint.
In the UK (where the PC World in question is located), the vendor cannot avoid liability by limiting its warranty.
Section 14(2) of the Sale of Goods Act 1979 imposes a statutory implied warranty that goods sold in the course of a business are of 'satisfactory quality'. This expressly includes issues of durability. Section 6 of the Unfair Contract Terms Act states that when dealing with a consumer, liability arising from a breach of the s. 14 implied warranty cannot be excluded or restricted by reference to any contract term.
"The sum of all knowledge does not imply the knowledge of all sums" Kurt Gödel (paraphrased)
Read the Trading standards advice for consumers. This advice is your statutory rights: conditions on the warranties do not apply. However, advice on general use may be taken into account. Read the advice for how that works.
Complain in writing, keeping copies of all correspondence. And complain quickly: for the first six months, the retailer has to prove it wasn't their fault.
Citizens' Advice Bureaux may also help.