CGA - Faulty New Laptop (Noel Leemings)

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ShiBoyd92

7 posts

Wannabe Geek

#228704 18-Jan-2018 10:19

Hi there, I hope I've posted this in the right place.

I brought a New Laptop from a major local retail chain in store on the 31st of December 2017 & I had problems with it as soon as I turnt it on.
- Start up Install warned me it might take an hour, ended up taking all night- to the point I had to leave it running overnight.
- Ran extremely slow, slower than my 10 year old previous laptop
- Tried to play a movie via USB Hard drive & it would consistently try to turn itself off (the guy I spoke to on the phone told me it might of been the movie making it shut down? What sort of new laptop can't even play a simple movie!?)

I took it back to the store on Monday (15th Jan 2018) and they gave it to their repair person in store for a free diagnostic check.
It's now Thursday (18th Jan 2018) and they're yet to get back to me, but have told me that if it needs to be fixed I'll have to pay the $100/$200 fee they charge.

The people in store I have dealt with have been rude about the whole process- the laptop isn't even 3 weeks old and I'm going to have to possibly pay x amount to get it fixed! Somehow, this doesn't seem right.
I'd prefer to get a cash refund and take my business elseware/look for a different model laptop (The one I brought was the newest Acer Aspire- so over $1000).

Has anyone ever had this situation before? I'm basically just wondering what my rights are/what I'm entitled to? It still has all the same packaging and the protective sticker is still on the webcam camera! Ive honestly only turnt it on about 3 times since purchasing.

Thanks in advance! ??

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430 posts

Ultimate Geek

#1941878 18-Jan-2018 10:24

This should definitely not happen to a new laptop that is over $1000 nor should they charge you for any "fix". Tell them that you want a refund immediately or you will take them to the tribunal court. Have you told them your rights in regards to the CGA?

freitasm

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Geekzone

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#1941880 18-Jan-2018 10:29

It is a brand new device. If it's not broken due to your actions you shouldn't pay anything to have it repaired or replaced. If they can't repair, ask for a refund and buy somewhere else.

ShiBoyd92

7 posts

Wannabe Geek

#1941885 18-Jan-2018 10:37

The CGA is a bit of a grey area with me, I had a quick look on their website & from my understanding- if it's a minor fault; it's their choice if they want to repair/replace/refund. But if it's a major fault then it's up to me what I want to do.
A bit confused on the understanding between a major/minor fault.

When I called them yesterday requesting an update (they hadn't gotten around to looking at it yet) I enquired about getting a refund, and they're response was that it's a long process and they need to consult the manufacturer first.. that honestly didn't seem right.

maoriboy

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#1941886 18-Jan-2018 10:40

No, that's incorrect. Push them for a refund or straight swap. Reiterate your rights under the CGA.

throbb

675 posts

Ultimate Geek

#1941894 18-Jan-2018 10:52

maoriboy:

No, that's incorrect. Push them for a refund or straight swap. Reiterate your rights under the CGA.

Actually that is correct, they have the right to repair the product first

I havnt seen any issues with major retailers lately, maybe around out of warranty issues but not in warranty issue most of the time retailer quote a possible repair charge for in warranty products are

they suspect it could be the customer at fault be it physical dmaage or the customer screwing with the software
they cant find a fault and sending to manufacturer can generate a not fault found fee

freitasm

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#1941900 18-Jan-2018 10:57

They have the right to repair but not to charge for the repair.

Rickles

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#1941936 18-Jan-2018 11:46

>When I called them yesterday requesting an update (they hadn't gotten around to looking at it yet) I enquired about getting a refund, and they're response was that it's a long process and they need to consult the manufacturer first.. that honestly didn't seem right. <

It isn't right at all.

Given that retailers are open all over Xmas, and that most suppliers of product are now back at work, you should have received satisfaction by now. if you are not comfortable doing this yourself, take an 'experienced' person with you and your documentation to the store and talk to the Manager. As always be polite but insistent that the new, expensive product did not work as required, that subsequent service from the retailer has not been satisfactory, and you would like to immediately invoke your consumer rights.

Yes, under CGA they have the option of getting it seen to by the manufacturer or their agent, but this should not take more than a few days, nor incur any cost to you !!

Keep us informed.

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trig42

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#1941962 18-Jan-2018 12:11

The first thing they should (and probably will) do is restore it back to factory to see if that fixes the issue, but if that doesn't fix it, the retailer should act pretty quickly to sort out a refund or replacement.

xpd

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#1941981 18-Jan-2018 12:47

ShiBoyd92:

When I called them yesterday requesting an update (they hadn't gotten around to looking at it yet) I enquired about getting a refund, and they're response was that it's a long process and they need to consult the manufacturer first.. that honestly didn't seem right.

Too bad for them. You gave your money to the store, not to the manufacturer. They can then go get their money back from the manufacturer.

If you get a bit lost with the CGA etc, giving Citizens Advice may be of help, some of their guys are good to deal with for this sort of thing.

Gavin / xpd / FastRaccoon / Geek of Coastguard New Zealand

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Oblivian

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#1942001 18-Jan-2018 13:28

You may wish to clarify their fee rather than summarising something that may have been heard/interpreted incorrectly.

There MAY be a type of bond agreement. (pretty normal) Where you agree if it is found to NOT be a warranty issue, there is a set inspection fee then on-charged. Sometimes it is on signage at the tech store drop. Others it's verbally notified.

Its to make sure something is cleared up in the warranty agreement we all get.

It use to be something we had to warn for over the counter work. As often stuff (I'm not insinuating this is the case here) was introduced after the unit was powered up first time or by software after the fact. At that stage the first level question was meant to be 'has it been factory restored and retested' as it's a good first point diagnosis before digging at hardware or deeming DOA

(a lot of makers use to not include OS discs and make you run it within the first 3 reboots.. and replacing said OS was even charged if users skipped..)

Software-related faults resulting from incorrect software installation or usage or software viruses or software inherent bugs shall not be considered as product
faults and may incur a charge for rectification, if requested. It remains the users responsibility to keep useable archive backups of all data and to reload all
software following any maintenance or repair work (except the operating system). Acer is not responsible for damage to, or loss of, any programs, data, or
removable storages media, including any consequential loss or damage. Acer is also not responsible for future upgrades of software products bundled with Acer
products. All devices repaired by Acer’s service centres will be restored to their original factory configurations.
Repairs made by Acer Authorised Personnel will be chargeable at current applicable hourly rates to you if: (a) the technician finds the problem is user related; (b)
caused by change in normal settings of the computer, or (c) software issue not covered under our standard warranty. This warranty is given in addition to the
other remedies that are conferred to you by the law. As part of Acer’s validation and/or verification process, we reserve the right to undertake further
assessment of the device, or ask the user to undertake simple and reasonable troubleshooting measures to test their device. We appreciate your cooperation in
this matter.

ShiBoyd92

7 posts

Wannabe Geek

#1942006 18-Jan-2018 13:41

Thank you everyone for your comments and advice. I really appreciate the help.

Went into the store today, and they are claiming that there is no problems with it. Nothing was changed on it, no factory reset or anything.
The guy said that the reason it shut itself down and took 20minutes of blank screen to reboot when I tried to play the movie (via USB Harddrive) was because it was an incompatible file. I mentioned that when it finally started up, I put the movie on again and it played fine- he just laughed and started serving the next customer. He also couldn't answer why it took so long to do the initial start-up.

I've got the laptop at home with me now, not to sure what to really do from here; but if it continues to cause me a headache I'll be asking for a refund.
A bit dissapointed as it took nearly 4 days for them to do nothing & if there was nothing wrong with it I wouldn't of bothered giving it to them to fix.

Thank you everyone again for the advice, I'll keep you updated on any new developments.

1101

3122 posts

Uber Geek

#1942018 18-Jan-2018 14:06

Win10
Yes, sometimes it can run like a PIG .

I suspect thats the real issue, no actual 'fault' .

Win10 would probably been trying to upgrade to the latest build (3Gb download) . That alone can slow things down to a crawl
& can fail & retry often on laptops (as the lappy goes in & out of power save)
Look in Winupdates & see if there are multiple update install fails
And disable fast start :-)

And some laptops have incredibly slow cheap HD's making things really slow
An SSD should be compulsory with Win10 , it makes so much difference in speed

xpd

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#1942020 18-Jan-2018 14:08

I'd try returning it, "sorry, not suitable for what I needed it for". ;)

Most retailers have a 14 day returns policy - PBTech appear to be the only ones who will only take the product back as long as it is unopened (all factory seals intact). NL and HN just state 14 days with all packaging etc, no mention about seals.

Going by your description of the store etc in your OP I'm guessing it was HN you used. (hey I could be wrong)

If so, I would'nt trust their "techs" to plug in a USB drive let alone diagnose potential Windows/drive issues.

Gavin / xpd / FastRaccoon / Geek of Coastguard New Zealand

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alasta

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#1942022 18-Jan-2018 14:09

They are clearly in the wrong and hoping that you will just give up and go away.

Inform them in writing, ideally email, that they have failed to repair the product and you expect a refund within seven days. If the seven days elapse then file a case with the Disputes Tribunal.

Rickles

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#1942025 18-Jan-2018 14:28

Before Xmas I went to help a colleague whose new computer 'wouldn't do anything' ... I found that the initial startup and myriad updates were conflicting, and caused the whole thing to either sit with nothing (apparently) happening, or hard disk light on solid, or even turning off!

Had to disconnect from internet, delete updates sitting in queue for downloading or installing, rebooted and let almost 20 minutes of set-up/sign in/passwords etc to finish, and only then connected to internet and let the auto-updates take over. After almost an hour and several restarts it was finally in a place where the computer could actually be used.

Seems stuff on the shelves are way behind the latest updates, patches etc and all of this can overwhelm both computer and user ... there really should be a leaflet telling users all this stuff, but then I did get several gin & tonics whilst waiting for colleagues computer to do its thing

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