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Topic # 138683 13-Jan-2014 14:14 Send private message

A friend purchased a new laptop from a chain-store, and as she isn't (at all) technical, she paid an extra $100 or so to have them set it up and install the AV software they talked her into buying. Not what I would have recommended had she asked me, but she didn't. Even so, all good so far, she even paid for the extended warranty.
After 6 weeks, the hard disk failed, so she took it back for warranty repair, which they did without complaint. But, when she went to pick it up, it, of course, had a new hard disk in, and hadn't been set up. She asked them to set it back up for her, as she had purchased it from them in that state. They declined, brusquely, and told her that's not covered by the warranty and she's on her own.

So, my question is, should the setup have been covered? She's talked to me now, so it will get get set up properly, but if she had stamped her foot and said Consumer Guarantees, would she have been within her rights?

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  Reply # 966179 13-Jan-2014 14:30 Send private message

I would say she is definitely within her rights

she paid to have it setup previously

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  Reply # 966180 13-Jan-2014 14:32 Send private message

For sure they sold her the goods




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  Reply # 966200 13-Jan-2014 14:44 Send private message

Tough call. If she paid for someones time by the hour to provide a service then it's a tough call. If it was a line item in the sale I think it'd be easier to enforce. The business should really offer it as good customer service.




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  Reply # 966202 13-Jan-2014 14:46 Send private message

I would say no. Your friend bought a laptop and a service. The service was executed and the hardware fault doesn't seem to have been caused by the service so to all effects the service was correctly delivered to the required standards.





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  Reply # 966217 13-Jan-2014 14:50 Send private message

Has the OS been reinstalled etc or was it lost wit the HDD failure? If they have not and it now cannot be restored to "factory state" then she does not have what she purchased and would have a claim.




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  Reply # 966219 13-Jan-2014 14:53 Send private message

KiwiNZ: Has the OS been reinstalled etc or was it lost wit the HDD failure? If they have not and it now cannot be restored to "factory state" then she does not have what she purchased and would have a claim.


This would be the case for the pre-installed OS but not for any services which completed and delivered and not at fault.






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  Reply # 966243 13-Jan-2014 15:06 One person supports this post Send private message

The manufacturer of that faulty HDD (or the entire laptop, depending on who fixed it) should be liable to cover the additional cost of setting it back up again. This should be a Consequential Loss as stated here: http://www.consumer.org.nz/reports/consumer-guarantees-act/putting-it-right






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  Reply # 966248 13-Jan-2014 15:15 Send private message

sonyxperiageek: The manufacturer of that faulty HDD (or the entire laptop, depending on who fixed it) should be liable to cover the additional cost of setting it back up again. This should be a Consequential Loss as stated here: http://www.consumer.org.nz/reports/consumer-guarantees-act/putting-it-right


Consequential Loss. That sums up exactly how I was viewing the situation. On the bright side, now I'm setting up the lappie, she won't end up with a pile of crapware. On the downside, it has been a stress for her in an otherwise stressful time. On the upside, she will think twice about shopping at Harvey Norman again (without getting backup from me or someone like me).

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  Reply # 966252 13-Jan-2014 15:21

freitasm: I would say no. Your friend bought a laptop and a service. The service was executed and the hardware fault doesn't seem to have been caused by the service so to all effects the service was correctly delivered to the required standards.



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