Can I get a refund on a laptop due to it constantly overheating?

[DanTheMan]

My laptop (An ACER, what a surprise), constantly overheats. I get a bsod almost every time I turn it on because it overheated, didn't shutdown properly and it's just generally a piece of ****.

Just wondering, what are my rights in regards to a full refund? I've only had it a month and it's covered by a 1 year warranty.

 

[gazfocus]

My laptop (An ACER, what a surprise), constantly overheats. I get a bsod almost every time I turn it on because it overheated, didn't shutdown properly and it's just generally a piece of ****.

Just wondering, what are my rights in regards to a full refund? I've only had it a month and it's covered by a 1 year warranty.

How long have you had it? Most (probably all) Acers warranties are directly with Acer and not with the shop you bought it from, although legally that shop is responsible for getting the laptop fixed.

If you've had the laptop for more than 28 days, I think the shop has the option to repair the laptop rather than just giving you a refund.

 

[wij]

Just take it back and say its clearly not fit for purpose and either swap it for another or get a refund. If you got it from a proper shop they shouldn't really have a problem with that, though if you got it from somewhere like purple shirt world you're going to probably have some fun.

 

[DB_SamX]

A refud would be unlikely but they'll probably aim for a repair first, and if it persists, a replacement.

 

[Bry]

What normally happens, is if its under 28 days you can take it back to the shop and they will most likely give you a replacement. If its over 28 days you have to go with the manufacturer who will only give you a repair. Don't try and argue it with them as you won't get anywhere. Generally the only way to get a replacement from the manufacturer is if it goes into repair 3+ times for the same issue and even then its up to the specific manufacturer

 

[matt100]

Just take it back and say its clearly not fit for purpose and either swap it for another or get a refund. If you got it from a proper shop they shouldn't really have a problem with that, though if you got it from somewhere like purple shirt world you're going to probably have some fun.

this is the closest.. basically it has to be fit for purpose and I would guess if its overheating all on its own (ie even overheating on a desk etc) then it fails that test.

Alternatively you are entitled to a repair or refund within a reasonable period of time and thats not defined so things ike 28 days or actually not worth the paper they're written on it just simplifies things.

If you have lost faith in the unit you have a very strong place to argue for a replacement at least of the same kind and lets be honest it does sound like you have a faulty one, I haven't had a chronically overheaty laptop since my last P4 one a million years ago.

I think you've got more chance of getting a replacement than a refund if out of the time periods they stipulate, your rights are your rights but its still a PITA going to the small claims court etc etc so I'd go for the easiest option.

 

[Begbie]

It isn't a 6930 by anychance? Having problems with mine aswell. Toke it back yesterday and they said they can only replace it after they have phoned Acer, which conicidently aint open on a weekend!

They gave me the number to phone for 'technical support' so have to call them tomorrow and if they deem it unrepairable I have to take it back for a replacement or if its outside the 28days send it back for repair!

A right pain in the backside.

 

[philjohn]

What normally happens, is if its under 28 days you can take it back to the shop and they will most likely give you a replacement. If its over 28 days you have to go with the manufacturer who will only give you a repair. Don't try and argue it with them as you won't get anywhere. Generally the only way to get a replacement from the manufacturer is if it goes into repair 3+ times for the same issue and even then its up to the specific manufacturer

I'm sorry, but you're wrong. The Sales of Goods Act states that the person you have the contract with is responsible in the first instance.

Within a "reasonable time" you can reject the goods as not of satisfactory quality/not fit for purpose. This is normally taken to be 28 days.

From 28 days until 6 months the retailed (NOT manufacturer) has to prove the defect was not inherrent when the item was bought (i.e. you've caused the problem yourself). After that, the retailer is STILL responsible, however, you have to prove it was an inherrent fault (not impossible, I managed to do this with a monitor after 2 and a bit years of owning it, getting a full refund in the process).

If the retailer tries to fob you off to the manufacturer, stand your ground - it's their job to fix any problem as you have a contract of sale with them. Repairs must also be undertaken in a reasonable time, so anything over 28 days (this is Acer we're talking about, the people who required 3 months to "fix" a monitor I sent in) and you may have a case to argue for a replacement from the retailer.

So, the OP should take it to the retailer and state that it has an inherrent design flaw and they wish for them to offer a repair or replacement and not to take no for an answer (can be a pain as even store managers seem to not know, or claim not to know, the law). If you run into problems the nice people over at ConsumerActionGroup are very knowledgable and will no doubt be able to help (form letters, relevant sections of legislation to quote etc. etc.)

 

[Bry]

I'm sorry, but you're wrong. The Sales of Goods Act states that the person you have the contract with is responsible in the first instance.

Within a "reasonable time" you can reject the goods as not of satisfactory quality/not fit for purpose. This is normally taken to be 28 days.

From 28 days until 6 months the retailed (NOT manufacturer) has to prove the defect was not inherrent when the item was bought (i.e. you've caused the problem yourself). After that, the retailer is STILL responsible, however, you have to prove it was an inherrent fault (not impossible, I managed to do this with a monitor after 2 and a bit years of owning it, getting a full refund in the process).

If the retailer tries to fob you off to the manufacturer, stand your ground - it's their job to fix any problem as you have a contract of sale with them. Repairs must also be undertaken in a reasonable time, so anything over 28 days (this is Acer we're talking about, the people who required 3 months to "fix" a monitor I sent in) and you may have a case to argue for a replacement from the retailer.

So to the end user. If its under 28 days take it back and insist on a replacement. If its over 28 days do not expect a replacement you will not get it unless you are extremly lucky. You will ofcourse be entitled to a repair but the repair will be done by acer. You can either arrange this via the shop (if you don't want the hassle of phoning acer yourself) or via acer direct (if you don't want the hassle of going back to the shop)

So, the OP should take it to the retailer and state that it has an inherrent design flaw and they wish for them to offer a repair or replacement and not to take no for an answer (can be a pain as even store managers seem to not know, or claim not to know, the law). If you run into problems the nice people over at ConsumerActionGroup are very knowledgable and will no doubt be able to help (form letters, relevant sections of legislation to quote etc. etc.)

How is what i said wrong? What i said is how it works in practise having worked for a major laptop manufacturer. You have basically said what I have said but going into a little bit more detail.

You have basically said after 28 days the shop must offer a repair or a replacement. Which is what I said but, in practise a shop will never offer a replacement after 28 days. They will offer a repair and the shop themselves will not do this. The shop will simply contact the manufacturer and get them to repair it. This will be exactly the same type of service as if the user themselves had tried to get it repaired with the manufacturer. Infact they normally phone up exactly the same phone number and do the process in exactly the same way.
And please note while you go and talk about monitors, I am being very specific and only talking about laptops. While yes the basic principles are the same, I know of no retail shops that will do an actual repair of the laptop themselves. They will always arrange a repair with the manufacturer

 

[philjohn]

How is what i said wrong? What i said is how it works in practise having worked for a major laptop manufacturer. You have basically said what I have said but going into a little bit more detail.

You gave the impression that you had to deal with the manufacturer after 28 days. You are also incorrect that you can only get a repair after that time, you can be offered a repair, replacement or if the problem cannot be fixed a refund (either pro rata if you have had some "enjoyment" of the goods or full if it was a dud out of the gate).

Most stores will try and fob you off with the warranty route, but that's just to keep their costs down. The benefit of forcing the retailer to organise/handle the repair is that they have considerably more sway with the manufacturer and so can usually get it done faster and if it's not done in a reasonable time you have the possibility of a claim against the retailer - going down the warranty route affords you neither of those.

 

[ChrisJSY]

If the retailer tries to fob you off to the manufacturer, stand your ground - it's their job to fix any problem as you have a contract of sale with them. Repairs must also be undertaken in a reasonable time, so anything over 28 days (this is Acer we're talking about, the people who required 3 months to "fix" a monitor I sent in) and you may have a case to argue for a replacement from the retailer.

Load of tosh, if the retailer tries to fix it and fails(or not) they void the warranty as they may not be an Authorised Acer Repair center.

But yeah, I worked in the channel islands for the repairs so know all about it, we sold & did warranty work where every other shop on the island only had sales contracts, not repair.

3months? try 6! haha, yes.. one model was so bad the mobos had to be sent back to china and some guy waited that long.

He got a free upgrade to a ferrari laptop though, not bad

 

[philjohn]

Load of tosh, if the retailer tries to fix it and fails(or not) they void the warranty as they may not be an Authorised Acer Repair center.

I never once said the retailer would attempt the repair, they'd just shunt it off to the authorised service centre - however - they would have more sway with them than a lone customer and if it's not fixed in a reasonable time, as I pointed out before, you can then claim against the retailer.

 

[Beerbaron]

my girlfriends acer laptop went back to the shop 4 times to be repaired/replaced in the space of a few weeks and she was offered another laptop or a refund. She opted for the latter.

 

[Bry]

I never once said the retailer would attempt the repair, they'd just shunt it off to the authorised service centre - however - they would have more sway with them than a lone customer and if it's not fixed in a reasonable time, as I pointed out before, you can then claim against the retailer.

No they dont, the manufacturers couldn't care less whether its the customer or the reseller phoning up. They will be treated exactly the same