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timmmay

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#205317 8-Nov-2016 17:16
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I have a 2.5 year old Asus laptop that cost $700. It's developed a fault with the screen, in that when you move the screen it flashes up strange colors, which is getting worse. 2.5 years is within the 5 year expected life that consumer NZ expects for a laptop. 

 

I've used the local supplier for a decade, but I won't name them right now. They may even have staff who read these forums, so I would suggest that people who work for companies that sell computers best not reply to this thread in case it's the same company. The company been really good, tried to repair it, but can't. They've accepted liability, now we're talking about remedy - it's a relatively friendly, open discussion and I'll keep using them after this because they have been really good.

 

It was a consumer purchase, so consumer guarantees would seem to apply. I have however replaced the hard drive with an SSD, and they're claiming that this invalidated both the warranty (true) and the consumer guarantees act (I'm quite skeptical about this part). They've offered a $500 refund, which isn't too bad an offer, but if the CGA applies then they owe either a replacement or a full refund of $770. The $250 isn't a huge deal to me, but I'd rather it was in my pocket than someone else's.

 

You could say the hard drive replacement is unrelated to the screen problems, and so CGA applies. You could probably also argue that while I had the machine open I could've damaged something else, even a small wire or connector, which is possible. It's unlikely to be a problem I caused as the problems didn't start around the time of the hard drive replacement. I suspect it's just a physical failure of some component related to frequent opening and closing of the screen.

 

Interested in opinions around whether to push for a full refund / replacement or accept their offer. My wife's a lawyer and is leaning toward the lowest effort option.


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Rickles
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  #1665926 8-Nov-2016 18:00
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Tricky one that, but on one hand replacing the hard drive (or usable/replaceable components like RAM etc) could be considered merely acceptable upgrades.  On the other hand, opening the unit could be deemed to invalidate the Warranty, and I've seen heaps of those little warning stickers on RAM and H/D covers.

 

However, the CGA says it doesn't apply if the owner "misused or altered a product in any way that caused the problem, eg not following manufacturer’s instructions for use" ... and in both this and the Warranty situation accompanying User Manuals often include instructions for upgrading RAM etc, thus inferring acceptability as normal usage.

 

Your retailer certainly appears to be coming to the party, so maybe the cash plus your SSD back is about right?

 

You could call the MBIE Consumer Protection Helpline just to satisfy yourself?




joff_nz
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  #1665928 8-Nov-2016 18:02
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If it were me, I'd take the $500 refund - you can probably buy a new laptop, better than your 2.5 year old one, for the money and then start fresh. As you said you'd be happy to shop with them again, maybe they would offer more if it was a store credit instead of cash refund. 

 

 

 

You could maybe argue CGA and end up with more cash in your pocket but as per your wife's opinion - less effort has to be worth a bit. 


Dairyxox
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  #1665937 8-Nov-2016 18:15
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Personally I wouldn't agree that replacing the hard drive voids the warranty, as long as the hard drive is easily accessed by simply unscrewing a panel.

 

If it was the hard drive in a 'sealed unit' like Microsoft Surface or Macbook Air, then maybe...depending on who did it and what could go wrong.

 

I think the $500 is reasonable.




Sideface
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  #1665955 8-Nov-2016 18:47
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Take the money.

 

If the laptop was still working it would be be worth half that much - or less.





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tripp
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  #1665971 8-Nov-2016 19:13
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Take the $500

 

Pushing for more will be more stress than the $250 its worth getting stressed over it.

 

It's fine to look at what consumer NZ says it should last "this amount of time" but you need to remember the price you paid to start with.  You can't really expect a $700 laptop to last as long as a $3000 one.

 

It's like expecting $20 shoes to be as well made and last as long as a $400 pair.

 

Some might disagree with what I have said.

 

 


mattwnz
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  #1665996 8-Nov-2016 19:51
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I don't really like the way that they are saying that the warranty is void if you replace a user replaceable part. I would have thought if they were going down that track, they would have to prove that the installation caused the problem. What if you just put the old HD back in before taking it back in? Most PCs will come with instructions for replacing the harddrive by the consumer anyway, as it is a part that fails, or can be upgraded easily, as long as it is done right and to instructions. The same with memory. USing that logic, if you buy build a PC from components, then the warranty on all those parts is void, unless you use them to assemble those parts, and you don't make any future modifications. Or it is like a car manufacturer voiding a new car warranty if you use your own garage to service the car, instead of a dealer garage. It smells a little like protectionism. 

 

 

 

But I guess considering the age, $500 is okay, because that would probably cover the cost of a new one to those specs. But I wonder if they will be claiming the full refund back from their supplier.


timmmay

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  #1666050 8-Nov-2016 21:22
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Thanks for all the thoughts. I had to undo the whole base to replace the hard drive, take the plastic cover off, not quite average user replaceable but not far off. The hard drive is nowhere near the hinge, but given they don't know what the problem is for sure I could've say shorted the graphics card and damaged it. So you can see their position, they just don't know what's wrong. They thought it was a cable, but replacing it didn't help. It has to be something in a connector or cable though, I'd think.

 

I suspect I could argue for replacement or full refund, but it would take time and now I don't think I can be bothered. We suspect can't replace it for much less than it cost, much cheaper and you tend to get really poor quality. 11.6" is the size my wife likes, pink, and I made sure it had decent specs - i3, 4GB RAM, touch screen, and I put in the SSD. If she was ok with a Chromebook sure we could get a cheap one, but Windows 10 is handy for things like MS Word etc.


 
 
 

Move to New Zealand's best fibre broadband service (affiliate link). Note that to use Quic Broadband you must be comfortable with configuring your own router.
sir1963
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  #1666062 8-Nov-2016 21:46
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Static Damage ?

 

You can cause "soft" damage with static, this can see components fail weeks or months later.

 

This delay means most people don't associate the cause and effect.

 

Undoing screws/dismantling a device is generally accepted as voiding the warranty unless the user manual explicitly allows for components to be user serviceable.

 

The consumer guarantees act also allows for the "quality" of the goods to be considered, a $700 laptop would be considered to be of lesser quality than a $2000 laptop, and therefore the length of time the consumer guarantees act applies for will vary, it may be considered 2 1/2 years is "reasonable". Its not quite a cut and dried "5 years" period.

 

 


linw
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  #1666105 8-Nov-2016 22:22
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It is a bit of a curly one. Someone I know bought an HP laptop about 4 months ago and got the retailer to swap out the spinner for an SSD. That spinner is now in an enclosure creating a backup drive.

 

But, it has had to have the SSD replaced twice which sounds like a lot of bad luck. The retailer (big one) has said if it happens again they will replace the whole laptop but they also said they would have a problem with the manufacturer as the laptop has been modified with a non HP part.

 

I can see both sides of this situation and wonder how a tribunal hearing would rule on it.

 

I'm with most of the others, Tim. Take the money and run.


1cloud
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  #1666132 8-Nov-2016 23:13
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timmmay:

I have a 2.5 year old Asus laptop that cost $700. It's developed a fault with the screen, in that when you move the screen it flashes up strange colors, which is getting worse. 2.5 years is within the 5 year expected life that consumer NZ expects for a laptop. 


I've used the local supplier for a decade, but I won't name them right now. They may even have staff who read these forums, so I would suggest that people who work for companies that sell computers best not reply to this thread in case it's the same company. The company been really good, tried to repair it, but can't. They've accepted liability, now we're talking about remedy - it's a relatively friendly, open discussion and I'll keep using them after this because they have been really good.


It was a consumer purchase, so consumer guarantees would seem to apply. I have however replaced the hard drive with an SSD, and they're claiming that this invalidated both the warranty (true) and the consumer guarantees act (I'm quite skeptical about this part). They've offered a $500 refund, which isn't too bad an offer, but if the CGA applies then they owe either a replacement or a full refund of $770. The $250 isn't a huge deal to me, but I'd rather it was in my pocket than someone else's.


You could say the hard drive replacement is unrelated to the screen problems, and so CGA applies. You could probably also argue that while I had the machine open I could've damaged something else, even a small wire or connector, which is possible. It's unlikely to be a problem I caused as the problems didn't start around the time of the hard drive replacement. I suspect it's just a physical failure of some component related to frequent opening and closing of the screen.


Interested in opinions around whether to push for a full refund / replacement or accept their offer. My wife's a lawyer and is leaning toward the lowest effort option.




I do not expecting a $700 laptop would last 5 years so take tge money

mattwnz
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  #1666133 8-Nov-2016 23:16
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I would think the CGA overrides the manufacturers warranty,  in the case of upgrading something. I could understand if it was a sealed unit which was non repairable, and it specifically stated you couldn't upgrade it. but often the manufacturers leave space slots for adding things like new ram, additional harddrives etc.


timmmay

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  #1666162 9-Nov-2016 06:48
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Thanks all. I was learning towards taking their offer, your thoughts have confirmed this. Done.


linw
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  #1666239 9-Nov-2016 09:08
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mattwnz:

 

 

 

I would think the CGA overrides the manufacturers warranty,  in the case of upgrading something. I could understand if it was a sealed unit which was non repairable, and it specifically stated you couldn't upgrade it. but often the manufacturers leave space slots for adding things like new ram, additional harddrives etc.

 

 

The trend now for laptops is to make it darned hard to add components as they tend not to have the little doors to pop out. Makes it easier to deny warranty claims I would imagine.


gzt

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  #1667071 10-Nov-2016 05:57
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It's a good offer I would have accepted also. I thought it was kind of unusual coming from the retailer. Was this a parallel import?

timmmay

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  #1667081 10-Nov-2016 07:23
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Nope, NZ new. The issue was that I'd replaced the hard drive myself, voiding the warranty. I won't be doing that again.


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