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'Faulty' products & rejecting under the Sale of Goods Act

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Old 26 January 2010, 07:43 PM
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RRH
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Default 'Faulty' products & rejecting under the Sale of Goods Act

Guys, need your thoughts here.

I bought a netbook for youngest daughter for christmas.

It stopped charging at the start of last week.

Spoke to Dell - eventually - they said they'd pick it up and I'd have it back within 14-21 days. I then spoke to the 'operative's supervisor and suggested they were taking the mick- she'd only had two weeks use out of it.

They agreed, told me they had an 'issue' with the motherboards, and they'd send a technician to replace it on Thursday.

Wifey stayed in all day Thursday... no show. they did, however send a new charger, which didn't fix the problem.

I called and complained and they said they had no record of an engineer being booked, then put me on hold for over an hour so I ended up losing my patience and slotting the call.

I rang them back again this monday, they sent a technician today and he replaced the motherboard.

It worked for about 15 minutes after he left, now it won't charge again...

I've had enough of this.

Do you think I have sufficient grounds to reject it for a replacement (or refund) as its obviously a friday afternoon product.
Old 26 January 2010, 07:48 PM
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SunnySideUp
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You have grounds - reject it in writing and get an acknowledgement ... e-mail would be good.

Tell them you want a FULL REFUND immediately and they can collect the Notebook after payment has been received by you.

You have given them adequate chance to repair, they have failed.
Old 26 January 2010, 07:51 PM
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Jamz3k
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As SSU said, you've been reasonable on letting them try and resolve the situation so getting a replacement/refund should be the only alternative.
Old 26 January 2010, 08:13 PM
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RRH
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Thanks guys
Old 26 January 2010, 08:26 PM
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mamoon2
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Did you pay by card? Contact your card company, they will start proceedings to give you your money back
Old 26 January 2010, 08:27 PM
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RRH
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Switch / Maestro- whatever its called these days, so don't think its covered by that
Old 26 January 2010, 09:00 PM
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SunnySideUp
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DELL will do what you require as long as you are assertive
Old 26 January 2010, 09:22 PM
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daddyscoob
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Quote ' the sales of goods act ' I think it's 1984. It's exactly for this type of dispute. Goolge it for full details......
Old 26 January 2010, 09:22 PM
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mart360
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Originally Posted by SunnySideUp
You have grounds - reject it in writing and get an acknowledgement ... e-mail would be good.

Tell them you want a FULL REFUND immediately and they can collect the Notebook after payment has been received by you.

You have given them adequate chance to repair, they have failed.
"You may find that by agreeing to a repair, you have lost the right to

rejection, as you have effectively allowed the seller to effect remedy to

the problem.", CAB can help here

I wouldn't have accepted the repair personally, not on an item under 6 months old.

Mart
Old 26 January 2010, 09:26 PM
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RRH
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I hear what you're saying, but it's not fit for purpose; it doesn't function as a computer
Old 26 January 2010, 09:32 PM
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daddyscoob
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Originally Posted by RRH
I hear what you're saying, but it's not fit for purpose; it doesn't function as a computer
I would refer you back to my post above ....... Check it out
Old 26 January 2010, 09:41 PM
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SunnySideUp
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If you allow the retailer to repair the item and it still doesn't work, you may still be able to get a full refund.

In your case I would say that you are entitled to a full refund.

Keep a diary of events, every telephone call with date and time, every e-mail, every letter ....... be absolutely prepared and you will get what you want.
Old 26 January 2010, 09:48 PM
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GC8
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Write rejecting the item explaining why. By letting them try you havent prejudiced your right to reject (in the good old days youd have accepted their remedy) and they cant argue that the fault wasnt present from manufacture.

If they dont deal with it promptly and properly then take them to court. Youll win even f they try to defend, which they wont.

Simon
Old 26 January 2010, 09:52 PM
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SunnySideUp
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Simon is spot on.

DELL will not go to court - but you are not at that point yet.

One thing is for certain - you WILL get a replacement or refund - it is for you to decide which you want.
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