Quote:
Originally Posted by davo69
I GOT MY LAP TOP FROM PC WORLD LAST SEPTEMBER I DIDNT TAKE ANY WARRENTY OUT ON IT AND MY DVD/DISCDRIVE HAS GONE DOWN .BEING IT IS NOT YET 12 MONTHS OLD WOULD THEY HAVE TO FIX IT ?
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I take it the caps lock is also broke.
Anyway yes, they have to provide a repair or refund due to Section 14 of the Sale of Goods Act 1979.
The clauses of the Act relevant in this case are:
Section 14 (2) Where the seller sells goods in the course of a business, there is an implied term that the goods supplied under the contract are of satisfactory quality.
This basically states that any good bought should be of resonable quality.
Section 14
(2A) For the purposes of this Act, goods are of satisfactory quality if they meet the standard that a reasonable person would regard as satisfactory, taking account of any description of the goods, the price (if relevant) and all the other relevant circumstances.
This means that the price of an item does have an affect on the "quality" you can reasonably expect, if you pay £3.50 on a toaster and it breaks after 13 months you don't have a claim, however if you pay £2000 for a top spec laptop you can reasonably expect it to last for 24 months + (though there is no strict deadline to how long a particular item should "last" for there is a maximum of 6 years, it is up to the judges discresion to decide what a "reasonable" amount of time is to expect a particular good to last for.
Section 14 (5) The preceding provisions of this section apply to a sale by a person who in the course of a business is acting as agent for another as they apply to a sale by a principal in the course of a business, except where that other is not selling in the course of a business and either the buyer knows that fact or reasonable steps are taken to bring it to the notice of the buyer before the contract is made.
This is the one which means that PC World cannot fob you off with the excuse of "send it to the manufacturer" The contract of sale is between YOU AND THE SUPPLIER it is their reponsibility to provide a repair/replacement and no one else's
Now this is never easy, as companies like to ignore this law, claiming there is nothing they can do after 28 days/3 months/ 12 months due to "company policy" I myself am in the process of trying to get it through to woolworths who sold me an xbox 360 that broke after 14 months that it does not matter if it is company policy not to issue a replacement after 28 days, it is a matter of law that they are legally obliged to.
Top that off with the fact you are going to be dealing with PC World who are the top of the league for bad handling of returns and you've got a fight on your hands.
Here is a link to the whole of the Sale Of Goods Act 1979 as ammended up to 2003
Sale of Goods Act 1979 as amended up to date to 1/10/2003
Here is a link to a government quick fact sheet on the law
Sale of Goods Act Quick Facts - DTI
I'd advise you to print off Section 14 of the act and the whole of the fact sheet and take it with you when you go to PC World to show them the law they will attempt to ignore. Do not leave until you get what you want, ask to speak to the manager etc etc etc etc etc and goodluck, you'll need it.
Edit: Hehe there were no replies when I started writing that XD