"Miss-sold" a laptop, what are my rights as a business?
- Thread starter Haggisman
- Start date
5 if you include the steering wheel
MW
6 if you include the flywheel.
7 if you include the spare.
Just a thought & I'm prob wrong as I usually am but could you say that it's not fit for purpose ?
To me it's obviously not fit for hardcore Business use with only 4Gb of ram in it. Could you say that you bought it to do specific business tasks which it cannot do & use that as a Not fit for purpose claim ?
Like I said I'm probably wrong but still what a rip.
touché
You could query it with the seller, but it's entirely possible they wouldn't be experts on the construction of the engine.
In that case, logic would dictate asking the manufacturer, but obviously doing that would apparently give you no comeback if it turned out they gave you incorrect information
As suggested by a previous poster, I'm "attacking" both the seller and manufacturer - seller with a "not fit for purpose" and manufacturer with a "not as advertised" approach. Will feedback when I have further details
Only 1366x768 screen
Macbook air then with a usb to ethernet or thunderbolt to ethernet adapter.
Or Macbook Pro 13 or retina.
Or Thinkpad T430s or T430u.
Last edited:
Again, none of those are 1920x1080, and I don't think Visual Studio will run on the Macs
Associate
- Joined
- 3 Apr 2007
- Posts
- 855
Fit for purpose applies to the product's intended purpose and not your own. You can't buy a spanner to hammer a nail and expect to return it because it's not fit for purpose.
What purpose is it fit for then?
It's overspecced (and overpriced) for basic office use, and underspecced for powerusers.
Associate
- Joined
- 3 Apr 2007
- Posts
- 855
That's your opinion, and probably very true, but sadly not fact.
It works perfectly fine as a laptop therefore it's fit for its standard purpose.
If you had said to the seller that being able to upgrade it to 8Gb was a requirement and they said it was possible, then you'd have a leg to stand on. However, the seller offered to and sold you a laptop with 4Gb and made no claims or implications it was anything else so he's filled his legal obligations to the letter.
Yes, Asus has some questionable wording on their product info pages but since you have no contract with them you don't really have much to go on. Possible trading standards would look into them for misleading information but at best they'll just fine Asus and/or make them fix the website, won't give you anything.
Also not sure where you got the idea that some person manning the customer facing phones at Asus would be classed as a professional expert. He'd just be reading a script and has probably never physically seen the laptop model in question.
If you had said to the seller that being able to upgrade it to 8Gb was a requirement and they said it was possible, then you'd have a leg to stand on. However, the seller offered to and sold you a laptop with 4Gb and made no claims or implications it was anything else so he's filled his legal obligations to the letter.
Yes, Asus has some questionable wording on their product info pages but since you have no contract with them you don't really have much to go on. Possible trading standards would look into them for misleading information but at best they'll just fine Asus and/or make them fix the website, won't give you anything.
Also not sure where you got the idea that some person manning the customer facing phones at Asus would be classed as a professional expert. He'd just be reading a script and has probably never physically seen the laptop model in question.
Associate
- Joined
- 3 Apr 2007
- Posts
- 855
As I mentioned above, it one sense it doesn't matter that he doesn't have a contract with Asus. If the producer of a product, or their representative, makes a public statement about that product, of which a seller would reasonably be expected to be aware of, the seller must conform to that statement. Unfortunately, in this case, the statement was not made publicly.
You could query it with the seller, but it's entirely possible they wouldn't be experts on the construction of the engine.
In that case, logic would dictate asking the manufacturer, but obviously doing that would apparently give you no comeback if it turned out they gave you incorrect information
Logic dictates you ask the seller to find out (ie the dealership), they can query the manufacturer and then you go from there
Again, none of those are 1920x1080, and I don't think Visual Studio will run on the Macs
Visual Studio will, Bootcamp to the rescue.
On the topic of the 'right' laptop though;
Sony VIAO Pro SVP1321C5E
Intel® CoreTM i7-4500U 1.8 GHz
Windows 8
Battery life up to 7 hours
256 GB SATA Flash SSD
8 GB 1600 MT/s DDR3L-SDRAM
33.7 cm LED, 1920x1080
Ethernet Wi-Fi & VGA dongle
~£1150
This is gibberish. The seller sold a laptop that is very much fit for purpose as a laptop. You failed to ensure it was fit for purpose by buying one without enough RAM. But the seller wouldn't have known your purpose and if it'd be fit as you never asked them.
The manufacturer hasn't advertised anything, so you're not going to be able to 'attack' them for selling something not as advertised. They never advertised it, and they didn't sell it.
You made a mistake. Your mistake is not asking the seller. Accept it. Sell the laptop / write it off, buy the right one and move on.
- Joined
- 9 Dec 2012
- Posts
- 1,457
Iam in the same position with samsung they said my laptop had widi, even after I purchased it, tech support thought it had widi which is in the tech support notes, until someone else said it did not .
Logic dictates you ask the seller to find out (ie the dealership), they can query the manufacturer and then you go from there
Well yes, yet again I'm dismayed to find people are far more incompetent than I give them credit for
That was actually my original suggestion - however the user in question went into a Sony store to have a look and wasn't impressed by the build quality of that one.
Yes I made a mistake by trusting the manufacturer, however the attitude of "accept it and move on" is exactly why these things happen.
My wife made a good analogy which will get most young men on the OPs side.
Let's say you go to buy a car and you ask the dealer if you can put a go faster stripe on it and he says 'Yes'.
You ring the car company to confirm that you can fit a go faster stripe and they say 'Yes'.
All the brochures and adverts say you can add a go faster stripe.
You buy the car and then decide to fit the go faster stripe but you can't, it is impossible to put one on
You contact both the dealer and the company and they now both confirm it can't be done.
What do you do OCUK?
Just shrug your shoulders?
Interesting, but not at all like the OPs situation. He didn't call the 'dealer'. That's the issue.
Just tell them they're stuck with 4GB then, you suggested a better laptop - and they insisted on the Asus!
Expecting others to fix your mistakes is a poorer attitude imo. You have no contract with the manufacturer, you never did. Again, your mistake was that you didn't explicitly check with the seller. You were buying from the seller, not the manufacturer - so regardless of what you'd expect the manufacturer to do / say - you should've confirmed with the seller.
Gex has proved me wrong & his argument seems sound to me, Am not bothered at all about being wrong but am gutted for the OP.
Is there any way you could still upgrade the Ram ? Some clever **** out there must have found a work around.
Is there any way you could still upgrade the Ram ? Some clever **** out there must have found a work around.