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Laptop out of warranty -Sale of Goods act

Westindieman

Prominent Member
I have an Acer V3 laptop I bought online from Dabs in July 2013. The lid hinge connections seems to have disintegrated last weekend, looking in the opening it seems to be the plastic that also holds the screen has broken. This laptop has never been dropped and I have had laptops in the past both new and 2nd hand which have never broken mechanically though I have had them for years. If it was 4 years old or something I would accept it was my repair completely, but 2 years 4 months? I think it should last better.
I contacted Acer who not surprisingly advised me it was outside the warranty and I would have to pay for the repair, £47.50 to courier and assess it then repair charges on top. I have responded that it wasn't suitable for use if it has broken like this after such a short time and that the sale of goods act means there is still some responsibility after the warranty has run out. They have responded that the sale of goods act applies to me and the seller (Dabs), not them.
I haven't contacted Dabs as at this stage I would have thought if there is a design fault it would be the manufacturer I should contact, Dabs wont be interested.
Does anyone have experience of getting consumer goods resolved outside of warranty, or do you think the 2 years + is long enough to complete the manufacturers responsibility?
Am I wasting my time?
 

Delvey

Distinguished Member
The problem is you will have to prove it was a manufacturing defect as far as I am aware. What I would do however is have a Google of the issue and see if there are others in the same boat.
I had an acer a few years ago that stopped charging. The pin that connects to the board had broken and they refused to fix it under warranty. A letter from the small claims court changed there mind
 

DPinBucks

Distinguished Member
All UK consumer law relates to you and the seller, in this case Dabs. Acer is correct; they have no responsibility in law at all. If you contact Dabs, don't let them try and fob you off.

In principle there is no time limit governing the Sale of Goods Act, but as this item is over 2 years old, I would think you'd have a very hard time proving an inherent fault. It is your responsibility to do so. It's not up to Dabs to prove anything. Worth giving them a call, though, to see what they say. As Delvey suggests, check online to see if it's a known problem.
 
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Elrond

Prominent Member
As already mentioned, you will need to get an independent report to prove that it was a manufacturing fault. Of course, that report could conclude that it wasn't a manufacturing fault.

So you will need to balance the cost of that report against the repair cost. Also, factor in that the report may go against you, meaning it will cost you even more.
 

Mr Nook

Distinguished Member
It's over 2 years old. Time to move on. Too many people want something for nothing...
 

ifrank castle

Established Member
It's over 2 years old. Time to move on. Too many people want something for nothing...

So if you brought a laptop, lets say one for £1500, and this very situation happened with you, you would move on?

Personally I wouldn't have it, and it is reasonable to assume an item like a laptop should last a reasonable amount of time, taking in wear and tear into account.

Is 2 years and 4 months a reasonable amount of time? Considering the cost of a laptop? Was the design of laptop fit for purpose? Was the plastic used for the hinge fit for purpose?

So many questions to be answers before the 'time to move on' comment.
 

MacrosTheBlack

Prominent Member
I sympathise but doesn't surprise me at all. Acer are a cheaper brand and unfortunately you get what you pay for. Also whilst it may not of been dropped I see people all the time picking laptops up by the screen section rather than the base and that will cause hinges to fail a lot faster.

SOGA with Dabs is worth a try. Failing that find a good repair centre or google the model name and hinge repair to see if it's something you can attempt to fix yourself. Often videos of repairs on youtube etc for things like this.
 

FaxFan2002

Prominent Member
SOGA not only covers manufacturing faults, it states the product should be fit for purpose. So a laptop should be able to opened and closed lots of times and not fall apart. The way it generally works is diminishing returns refund (6 years / 72 months, divide the retail cost by 72 months * months used or left to get an idea of refund) or a repair.

Having said that it doesn't cover wear and tear, but I think you could strongly argue your case.
 
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Westindieman

Prominent Member
Thanks for your sensible replies guys. I am disappointed with Acers response as they are the manufacturer and the response can be deemed to have washed their hands. I am pressing for their opinion on what they feel about the fault after this time. I don't think I will be buying anything else Acer if this is their reaction. I give a thumbs up though to Dabs, even if nothing comes of this as at least they are willing to look at any evidence I have that there is a genuine fault.
 

Westindieman

Prominent Member
Failing that find a good repair centre or google the model name and hinge repair to see if it's something you can attempt to fix yourself. Often videos of repairs on youtube etc for things like this.

Thanks and I have already looked at videos and am confident it is something I can do as I have replaced phone, laptop or ipod screens or internals before using them. However, I will get the laptop inspected independently for a report before I open this one.
 

Apsilon

Senior Moderator
After almost 30 months, I think you're going to have a struggle getting Acer to resolve this when it's well out of warranty. I wouldn't even take it to a repair centre as it's easy enough to do yourself. Have a look on eBay for the spare parts and if they're there, purchase them and fit them. Acer's are a doddle and if you're unsure, look on Youtube and download the relevant laptop service manual. :smashin:

Honestly, you'll probably save yourself about £100 which is what some of the braindead PC repair specialists will charge you. As you're in Stockport, if you get the parts I'll charge you £50 ;)
 

Westindieman

Prominent Member
Dabs are being fantastic and have agreed it is their responsibility to cover the cost of the report under the SOGA (I have been quoted £35+vat). I wonder if they take this to the manufacturer if its shown to be non wear and tear.
 
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Westindieman

Prominent Member
I have the report today and it rules out damage and pretty much rules out wear and tear. It says its either down to design fault (supporting arms not strong enough) or processing error (hinges over tightened). This is valuable to everyone and not just me, manufacturers should be made to look at faults to help make better lasting products.
 

Simian Sibling

Distinguished Member

Simian Sibling

Distinguished Member
Which has now ruled it's not down to misuse et al so they should either refund/replace and they take it up with the manufacturer?
 

Westindieman

Prominent Member
I was under the impression they had just agreed to pay for the report so far

You are correct, they had just agreed to pay for the report and I have had a response today from Dabs and they are saying '..we would not class this as an inherent fault.' Have also said they would class it as 'customer damage/mis-treated'.
Shocking really as I sent them photos before they agreed the report which states '..there is no sign of the device being mistreated in anyway or any signs that it may have been dropped.'
I can't see how they can win when I take them to court.
 
It wont be a case of winning or losing as a certain amount will be knocked off for the age of the laptop.

Also you just never know when you go to court what the judge will rule.

However I would now tell DABs that you expect an offer from them or you will be pursuing the case through the courts and using the report as evidence of the inherent fault.

Was the report classed as an "expert" independent report as that is what you will need if both parties cant reach a compromise.
 

Westindieman

Prominent Member
It wont be a case of winning or losing as a certain amount will be knocked off for the age of the laptop.

Also you just never know when you go to court what the judge will rule.

However I would now tell DABs that you expect an offer from them or you will be pursuing the case through the courts and using the report as evidence of the inherent fault.

Was the report classed as an "expert" independent report as that is what you will need if both parties cant reach a compromise.

The report is from Intellect Computers and they can be Googled.
Have already responded as much. As they agreed to pay for the report I am still expecting the sort that at this stage.
 
Sorry i wasnt saying anything about the company doing the report however it has to be seen by the court as an "independent expert" report. Who chose the company ?

Best to see what DABS come back with first
 

Westindieman

Prominent Member
Sorry i wasnt saying anything about the company doing the report however it has to be seen by the court as an "independent expert" report. Who chose the company ?

Best to see what DABS come back with first

Dabs didn't direct me as to any preference. They just asked me to get a quote for the report, I contacted Intellect as i live and work locally, went back to Dabs with the quote and they agreed.
 

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