Retailer Refuses Hardware Repair Due To Linux 1018
Tikka writes "Today I visited PC World (London, UK) because my 5-month-old laptop has developed a manufacturing fault: the hinge to the display has started to crack the plastic casing. Anyone in the know will know that this is due to the joint inside, and it means that in time the screen will separate from the keyboard. Repair was refused, because I have Gentoo Linux on my laptop, replacing the Windows Vista that was pre-installed. PC World said that installing Linux had voided my warranty and there is nothing they will do for me. I spoke to a manager, who said that he has been told to refuse any repairs if the operating system has been changed. I feel this has really gone against my statutory rights and I will do everything I can to fight it. I will review comments for your advice."
manager override (Score:2, Informative)
Re:Seriously... wtf? (Score:5, Informative)
install windows (Score:5, Informative)
Re:ahem.... are you sure? (Score:2, Informative)
In that case, he might not own Vista at all.
Contact your local trading standards office (Score:4, Informative)
In the US, your warranty would be valid (Score:5, Informative)
Re:ahem.... are you sure? (Score:5, Informative)
A laptop should still cool properly with the lid closed.
Re:ahem.... are you sure? (Score:3, Informative)
[OK, how do I get my "<shock>" to appear *and* the line breaks too (but without <br/> appearing too)? Am I really supposed to replace my '<' with '& lt;' etc? Why isn't "Plain Old Text" what it says?]
It's happened to me before... (Score:5, Informative)
I assume the tech was simply lazy and was looking for a way out. Had to be pretty lazy to not want to fill out a simple form. He also could've been extremely stupid. But in any case, it's not unheard of, even from a company supposedly known for customer service like Apple.
Remove the HDD (Score:5, Informative)
Sale of Goods Act 1979 (Score:5, Informative)
If PC World still refuse [and they probably will] then take them to the small claims court. As long as you have documentation, letters, dates and can prove that you have given them ample opportunity to resolve the matter there is a good chance the Judge will rule in your favour. Collecting your money after that can be a bit of a pain, but you will get it - they are not a 2bit operation after all.
See this link [dti.gov.uk] to the DTI, especially Q3 and Q10. Be polite but stick to your guns.
Re:File a complaint (Score:5, Informative)
They dont care about bad publicity that much because they drawf other retailers for electronics/PCs over here. Most people in the UK dont even realise that PC World, Dixons, Currys, Comet (and a few of the big mobile phone chains too) are all the same company.
You can try mentioning the Sales of Goods Act but I doubt it will help much. Their staff mostly works on comissions and are largely just walking salesmen that know nothing about what they sell unless its on the price/info little card next to the PC.
They threw me out of the local store once when I told someone about to buy some ram that they were charging 150% more than the PC shop 400 yards away.
Re:warranty document (Score:5, Informative)
They probably don't have a leg to stand on anyway. Unfair terms in a warranty are void under English law, and it's hard to see how a term in a warranty pertaining to software could have any fair bearing on design flaws.
To the OP: a good first stop is www.consumerdirect.gov.uk [consumerdirect.gov.uk], a site run by the Office of Fair Trading that offers advice to "consumers". Their advice is extremely vague, but you can contact them with the details of your situation. But an encouraging word from this page [consumerdirect.gov.uk]:
Exclusion clauses
Some traders might try to escape their responsibilities under contracts by using exclusion clauses, for instance by saying that they accept no liability for loss or damage. If an exclusion clause is unfair it is legally void and cannot be used against you.
Generally, only a court can decide if a contract term is unfair. But any exclusion of liability, whether in a contract term or on a notice, is always void if it is used for the purpose of evading liability for death or personal injury caused by negligence. Also, a trader selling goods cannot exclude liability for a breach of your statutory rights - for instance by displaying a sign saying: 'no refunds given.' An attempt to do this is an offence.
Similar statements about services - for example: 'no responsibility for loss or damage to garments, however caused' on the back of a dry cleaning ticket - are not illegal. But such terms are not enforceable if a court finds them unfair.
There's another line saying they have "more information about Unfair terms in contracts", but the link doesn't work. Like I said, it's vague. I could wish for your sake that UK law had something half as useful as exists in my country. Cold comfort, I fear.
Re:UK consumer protection laws (Score:5, Informative)
In the UK, new goods sold from a shop to a private customer must be fit for purpose. This is a statutory obligation, and the related consumer rights cannot be waived regardless of anything the shop says. Those rights derive primarily from the Sale of Goods Act. The law provides for various replace/refund possibilities, depending on what is reasonable given the nature of the problem and how long it has been since the item was bought.
Protection can last for several years if this is the normal expected lifespan of the item purchased, but the law isn't stupid: you probably aren't entitled to a full refund if your device that should last at least six years fails after only five, for example, though you might find you're entitled to a contribution towards repair or replacement.
For recently purchased items, shops might like to offer you gift vouchers or something rather than a refund, but they'll be out of luck if they try to make it stick and you fight them. Most managers know this, and will back down when confronted. They know they will likely lose a case in the small claims court, and incur costs (we have a loser pays legal system) and damage to their store's reputation as well as having to pay up in the end anyway.
There are additional legal remedies connected with various specific circumstances, such as the Distance Selling Regulations, but these don't seem to apply in this case.
If I were the guy who'd been screwed here, I would first return to the shop, ask politely to speak to the manager, inform him that I didn't find his staff's behaviour reasonable, and ask for what I believed that I was reasonably entitled to under the consumer protection legislation. If that didn't work, I'd consult my local Trading Standards folks, who are generally knowledgeable, helpful, quick to answer questions and on the consumer's side. Then I'd probably do whatever they suggested was best in the circumstances, which might mean anything from sending a registered letter of complaint to the business's head office to filing against them in the small claims court (which can actually be done on-line quite efficiently these days).
Insert standard disclaimers here: I'm not a lawyer, this isn't legal advice, and if you follow any advice you find on Slashdot without checking it for yourself then you deserve whatever comes of it. If you want real legal advice, speak to a lawyer, or at least your local Trading Standards, Citizens Advice Bureau or similar reputable organisation.
Warranty Act (Score:3, Informative)
Don't listen to the constant FUD that modding anything you buy voids the warranty. It doesn't. Manufacturers can say that it does, but it's a lie.
Re:sigh (Score:5, Informative)
Stop asking Slashdot and start talking to lawyers when you have this kind of problem and think that your "statutory rights" have been violated. Slashdot is almost guaranteed to be the worst place to get advice on anything other than technology and technology careers. Up next: "Ask Slashdot: My left labium is swollen, do I have the clap?"
Re:Seriously (Score:3, Informative)
It's pretty, but it makes my laptop a campfire atop my nuts.
Re:UK consumer protection laws (Score:1, Informative)
In the whole of the EU, including the UK, consumer electronics come with a mandatory 1 year guarantee. This is a statutory right, which means that you can't sign it away. It doesn't matter what the contract says. It doesn't matter what the fine print says. It doesn't matter what big bold print print says — you have this right. The only thing a company can do is extend it to more than one year. They cannot reduce it.
The only thing I'm unsure about is whether or not computer laptops are covered as "consumer electronics".
Re:File a complaint (Score:3, Informative)
kdawson (uncheck) (Score:1, Informative)
Go do the following:
Preferences -> Homepage -> Customize Stories on the Homepage -> Authors
uncheck kdawson (AKA [shatner voice]kkkkkkkkkkkkkkdawson[/shatner voice])
Only then, will your homepage stop looking like Digg.
Good Luck! You are only a few clicks away from sanity.
Find customer ombudsman. (Score:2, Informative)
Sometimes the fear of getting a bad rep will set them straight. Other times, they'll decide to tough it out. In any case you're likely to end up having to pay for repairs yourself, even if you're right.
Re:Sale of Goods Act 1979 (Score:3, Informative)
The parent post is almost exactly what I was going to say, but here are a few things I'd like to add:
If you want better advice on your legal rights talk to the Citizen's Advice Bureau and read a consumer law book rather than relying on /. It is probably not worth getting a lawyer for something minor like this, though, unless you have money to burn.
Before looking at the small claims court or sending lots of letters, I would first talk to Trading Standards and see if they are willing to go round to the shop for a chat, or maybe just try again when there are different staff there if you are nearby. Although I doubt Trading Standards would prosecute over an isolated incident like this, they still carry a lot of weight.
If you don't get any luck make sure you've sent everything to them in writing recorded delivery and given them ample time to respond, then take them to small claims court. IANAL, but it seems a pretty straightforward case to me. AFAICC, their possible defences seem to be that 5 months is a reasonable expected lifetime for a laptop or that you've voided your statutory guarantee as installing a new OS is outside of the things one could reasonably expect to do with a laptop (which would only really work if the OS could somehow cause the fault anyway). In other words, I don't see any sane magistrate letting them off.
Also, next time buy from somewhere that has heard of customer service (i.e.: not PC World). Why do you think no professionals will touch them?
Re:ahem.... are you sure? (Score:3, Informative)
You have far worse problems... (Score:5, Informative)
Hi, just so you know, your problems with getting your laptop repaired are probably worse than you envisioned.
Please, DONT take any of this personally against YOU... it isnt. It's just what you will experience and why...
Here's why your problems may be worse:
The manufacturer's warranties do not cover broken plastics or hinges. If *you* think it is a manufacturing defect, that is usually quite irrelevant to the manufacturer (who is the one who needs to approve the in-warranty repair - and will NOT send the hinges or plastics to the repair center). (See note at bottom)
Now, I am NOT disputing that this may be a manufacturing defect - I'm advising you (from years worth of experience) what additional problems you will run into.
IF your machine is NOT an HP or Compaq, you can remove the drive and bring it someplace else for repair - explaining to them that you dont want to risk your data being lost/drive being formatted (which the vendors often do), and NOT mention Linux at all.
IF your machine IS an HP or Compaq, then you can TRY that method, BUT, HP/Compaq require service centers do a FULL diagnostic of the machine for ANY warranty work - which presents a problem if the drive is not installed. Sometimes, you will find a sympathetic service center manager who will take the machine in anyway and fudge the diag results, and send the machine to HP/Compaq with a note saying that the service center has the drive and all diags passed.
I truly think your battle will be related to the fact that plastics and hinges are not covered under warranty though. The way to TRY to combat that issue is to have documented proof that others with the SAME model are also experiencing such problems (hinge issues rarely occur to just one machine... the batch off that same assembly line will show such problems). If you can find sufficient proof that others with the same model have the same problem, then the service center manager can fight the manufacturer to try to get the plastics and hinges (which are quite expensive).
When you bring the machine back in, please keep in mind that the decision to repair the hinges and plastics is NOT up to the Service Center Manager - he does not approve the parts shipment - or the shipment of your machine to the manufacturer - the MANUFACTURER does... so be patient, and don't go off on him because the manufacturer says no - and give him as much info as you can find to help him fight their decision - BECAUSE, their decision is NO (and told to the service center managers long before you ever brought your machine in), and that NO stands except in two cases... (1) a service center manager that you have not pissed off to the point he wont fight it and/or have helped give enough proof it IS a defect, and (2) a class action lawsuit (or threat thereof) that forces a manufacturer to take the blame for it.
Keep in mind, until #2 occurs, you and the manufacturer are bound by that warranty - which states no plastics, no hinges covered - UNLESS the manufacturer is convinced it is a defect - which they won't be just because you think it is (no matter how right you are).
Robert
Former Tech Manager
CompUSA
Re:ahem.... are you sure? (Score:2, Informative)
Indeed (Score:3, Informative)
It's reasonably self evident that if a hinge has cracked within 5 months then it wasn't as durable as one would reasonably expect and is therefore defective.
At the end of the day if the store doesn't come to the party it should be a rather easy victory in a small claims court [adviceguide.org.uk].
Re:install windows (Score:3, Informative)
Re:ahem.... are you sure? (Score:5, Informative)
But don't blame the retailer (in spite of the suckage) because the manufacturer is the one that screwed you. The retailer just was unfortunate enough to be the messenger.
Re:ahem.... are you sure? (Score:5, Informative)
He should have an OEM CD, though, and can just wipe and re-install. I've had to do this when my current laptop had (hardware-related) problems, and it's pretty standard practice in the linux-laptop world. It sucks, but there's nothing you can do.
However, for anyone about to do this, do consider using something like Mondo to backup your PC (and don't forget to verify the backups!!) That way, restoring your system *after* repair is as easy as shoving the disc in and playing tetris for a few hours
Also, please note: UK store, pcworld.co.uk (Score:2, Informative)
Email address: customer.services@pcworld.co.uk
Re:UK consumer protection laws (Score:1, Informative)
As a final jab at him mention the press (both conventional & on-line)
Threaten to stand outside his shop with a banner proclaiming that they don't comply with the Sale of Goods act and Consumer Law on a Saturday (their busiest time).
Then see what he says to that.
Remember to document each and every contact you have had with the company. Especially get the names of the people you are dealing with. It has been known to Sales/Support staff to give incorrect names so if you have a friend who can discretely use their camera phone then...
However, in most PC World Stores the branch manager and his direct reports usually have their mug shots on display near the exit.
On a personal note, your experience is one of the reasons why I have pledged never to set foot in any of their stores ever again (Just like a certain Fast food company that starts with an 'M'). I had similar problems with a PC about 5 years ago. The components were not designed properly. I showed the store manager that even their demo model was showing signs of stress at this point in the case. (I'm a Chartered Mechanical Engineer btw). Eventually I got a full refund but it took 4 months of effort.
Good Luck.
Re:Setting aside the humor, do they have a point? (Score:5, Informative)
This has nothing to do with what OS is installed on the system, or they can prove that installing the OS damaged the screen joint.
Re:You have far worse problems... (Score:2, Informative)
If I buy anything in a store, my business is with that store and not with the manufacturer of the device. So if I need assistance or warranty, I go to the store and they have to sort it for me. The store provides my warrenty.
It even goes so far that the law requires to offer 2 years of warranty. Even if the manufacturer only provides 1 year, the store has to offer 2 years.
And the store will sort it with the manufacturer if they have to (e.g.: have it repaired), but it can not hide behind the fact that the manufacturer does not support the warranty.
Re:ahem.... are you sure? (Score:5, Informative)
I have no idea if the new Lenovo ones are as rugged, but
Cheers
Re:You have far worse problems... (Score:5, Informative)
Check out this article, advising you how to get PC World to repair broken stuff.
http://www.boingboing.net/2005/09/21/howto-get-your-fault.html [boingboing.net]
Re:You have far worse problems... (Score:1, Informative)
This is London, UK, which is in the European union. European consumer law states that, regardless of what the manufacturers claim, consumers can expect an item to last as long as is normal for an item of its class under normal use. That law also states that consumers have a contract with the shop selling them an item, not with the manufacturer. Finally, the seller can not simply claim that you mishandled the laptop, he has to prove it to have a point.
So, under European consumer law, a hinge breaking after 5 months of normal use should fall under warranty from the seller. Getting the seller to honor that may/will be problematic, but law is on your side.
The email I sent (Score:1, Informative)
Being a perceived computer 'expert', I have often sent people to PC World to buy a PC the easy way. Stories like this one on Slashdot (where PC World is refusing to repair a hardware problem on a laptop because a different OS has been installed) may cause me to revise my opinion and send people elsewhere. I will await the outcome of this story with interest.
Story link: http://yro.slashdot.org/yro/07/09/12/0011209.shtml [slashdot.org]
Re:ahem.... are you sure? (Score:4, Informative)
So I would present my warranty agreement, and ask to see exactly where it says that I'm not covered. Sometimes a support policy is based on a misinterpretation of when an exclusion applies, or once a policy is in place it can start to be applied inappropriately as an excuse for not fixing things.
Re:UK consumer protection laws (Score:3, Informative)
Re:Setting aside the humor, do they have a point? (Score:5, Informative)
Section 14(2) of the Sale of Goods Act 1979 imposes a statutory implied warranty that goods sold in the course of a business are of 'satisfactory quality'. This expressly includes issues of durability. Section 6 of the Unfair Contract Terms Act states that when dealing with a consumer, liability arising from a breach of the s. 14 implied warranty cannot be excluded or restricted by reference to any contract term.
Re:You have far worse problems... (Score:5, Informative)
There is just one problem with that.
Here in Europe, the government has found that too many shops hide behind excuses like this.
So, first of all, you have a contract with the shop who sold you the item, not with some manufacturer in China. If the shop sends it back to the manufacturer, fine. But if the manufacturer thinks it's not covered, the shop needs to cover warranty issues anyway. Not that they don't often try to hide bihind this, but legally, they shouldn't.
Secondly, you may expect items you buy to have a "nominal lifetime". For things like fridges you should expect it to last at least 10 years. If it breaks after 8, you share the repair costs with the shop 80/20. After a while though, you have to PROVE it was a hidden defect all along, and not something caused by normal use.
In the first year however, warranty says that it IS a hidden defect, unless the shop proves otherwise. So when they come up with a video showing you dropping the laptop, you're out of luck.
Oh... By the way, I boot Knoppix on my new laptop,
gzip
so that in case of this kind of trouble, I can repeat it with "hda-linux.gz" as the destination, restore the vista partition, and even claim I started working with it yesterday....
Trading standards (Score:5, Informative)
Complain in writing, keeping copies of all correspondence. And complain quickly: for the first six months, the retailer has to prove it wasn't their fault.
Citizens' Advice Bureaux may also help.
This is easy. (Score:2, Informative)
I've taken people to court in the UK a couple of time (IANAL) and won each time. This was always a small claims court (Kennington, London) rather than the big expensive one.
It's not difficult but you need to do things correctly.
1) Go back to PC World and state your claim again to them verbally. Ask to speak to the manager and state why you think you have a claim against them. Ignore the rubbish that they have nothing to do with the sale, they are the company who sold you the computer, they are the people you have a contract with.
2) Make readable notes, ask for names of appropriate staff. Be polite.
3) Tell them that you are not happy with this and will be taking further action. You can prepare in advance a latter stating that you think the goods are not of merchantible quality as defined by the Sales of Goods Act and you wish to receive a refund. You have the option of either a refund or a repair. If you accept a repair you cannot get your money back at a later stage, so go for the full refund. In the letter allow them a reasonable time to provide a refund, 14 days is acceptable, 24 hours is not. State that unless you get a full refund you will take them to court under the Sales of Good Act.
4) Go home, write your notes up, make it clear and concise.
5) Either PC World pay up, job done or they don't answer or they refuse. If they don't answer, send them a reminder and copy this to the chief executive of PC World, who appears to be John Clare. Don't get stroppy, don't get cocky. Explain the situation in simple to understand terms. This is later evidence you will give to the magistrate. He or she may not be IT literate so don't get too technical. They appreciate concise information.
6) PC World turn you down again. So you have to hit the small claims court. Go to your local court and ask for a small claims form. I forget the details but Google-is-your-friend. Fill out the information on the form. This is where you state your case and attach copies of your evidence, so all the careful notes you've made and the copies of letters you've sent help. You did send them registered through Royal Mail so you have proof of receipt didn't you? It costs about £35-40. I've not done this for a couple of years so am not up to date.
7) Wait.
8) Either PC World pay up, offer you something or they go to court. They cannot ignore this letter, it is now a matter of law and for them to do so means you win.
9) if they go to court, this is your big day. You do not need a laywer or barrister to represent yourself. The magistrate is the only person you need to convince and in my experience they were very friendly and helpful. They do not look down on you defending yourself. Explain your case to them, do not use technical terms, explain that the case has broken due to a design default and let the other side explain why loading Linux causes a hinge to break. keep it simple and clear. Dress smartly, but be confident of your case. Don't make jokes, make copious notes (or pretend to to keep yourself busy).
10) The magistrate will make a judgement there and then. If he/she says yes you're home and dry, if not then lifes a bitch and then you die. I've done three and won three.
11) if you win, PC World will pay up. If they don't you get the fantastic (and I mean that) of sending the bailiffs in. This means that you could probably get them to march into a store, section part of it off and say that this stock is now being held due to default of payment. This happened a few months ago in Tescos wher the bailiffs sectioned off the drink section and claimed it in default of a payment. £60,000 of booze held for a couple of thousand pounds fine. Tesco's paid on the spot. I know a few bailiffs and they are all nutters and hard cases and love this sort of grand standing.
Your legal position as a consumer (Score:2, Informative)
In the UK (where the PC World in question is located), your statutory consumer rights will trump any nonsense that PC World may include in their 'warranty policy'.
It's really simple:
Section 14(2) of the Sale of Goods Act 1979 imposes a statutory implied warranty that goods sold in the course of a business are of 'satisfactory quality'. This expressly includes issues of durability.
Section 6 of the Unfair Contract Terms Act states that when dealing with a consumer, liability arising from a breach of the s. 14 implied warranty cannot be excluded or restricted by reference to any contract term.
I'd suggest you put that in writing and ask the PC World manager to confirm within 7 days that it will comply with its statutory obligations and repair or replace the laptop noting that you will: (a) instruct your solicitor; and (b) take the matter up with the local Trading Standards office if the company does not respond.
Yes IAAL and yes I dislike PC World intensely for precisely this kind of crap. Give them hell from me.
Small claims court (Score:2, Informative)
Firstly, right now, the important thing is to keep a record of absolutely everything - dates/times of conversations, what was said, who you talked to etc. You'll need it.
Secondly, after you've exhausted the other options (writing to PC World, trading standards) then don't be afraid of using the small claims court. It's very easy: no lawyer is required, the fee is only £50 (which PC World will pay if you win) and the paperwork is minimal. I'd guess that in 99% of cases the company will pay up before it actually gets as far as court. In my case my old landlady returned our deposit (plus the £50) the day after I'd filed in court!
Re:I worked for Currys.. (Score:3, Informative)
Re:Trading standards (Score:3, Informative)
The only store where this does not work in the UK is Tesco. The rumour is that their managers are trained to push the case all the way to trading standards in the hope that the consumer drops it on the way.
Re:ahem.... are you sure? (Score:3, Informative)
Re:Setting aside the humor, do they have a point? (Score:5, Informative)
A good start is www.citizensadvice.org.uk . They'll probably help him first writing a letter that PCWorld _will_ react to; if that doesn't help, then the small claims court will. At least if the story happened as it was told; if you install Linux, drop your laptop, and then the screen is broken, the manufacturer may very well be in the clear.
Re:This is easy. (Score:3, Informative)
One small change; Don't bother going to your local county court, you'll probably end up waiting in a queue for ages, be sent around different departments etc. Much quicker and more painless is to use MCO (Money Claim Online). Fill in the website form, check back to see if they enter a defence, and if they do, get allocated to your local county court.
Re:Setting aside the humor, do they have a point? (Score:3, Informative)
Re:Setting aside the humor, do they have a point? (Score:3, Informative)
My sister got a laptop from PC World and the fan stopped working so the laptop started overheating, this had happened within a few months of buying the laptop.
I asked the store for a replacement not a fix as the overheating may have damaged other components and the laptop was obviously unfit when it was sold and the guy in the store told me that could only do a repair.
In the end, after a phone call from PC World (which I wasn't there for) they ended up telling my sister to disable the overheating protection, the next time I spoke to her I told her to immediately turn it all back on. Fortunately the fan started working again, but for how long is anyone's guess.
The moral of the story is, don't buy anything from PC World if you expect anything from the warranty.
Remove the hard drive from it (Score:1, Informative)
If there is no other store; still remove the hard drive and have someone else bring it in for repair.
Re:Setting aside the humor, do they have a point? (Score:3, Informative)
Re:Setting aside the humor, do they have a point? (Score:2, Informative)
Re:Small claims procedure (Score:5, Informative)
They also know that 99% of customers do not know their rights under the sale of goods act and of the 1% that do half of those won't push it if they stonewall enough.
Favourite common - completely bogus - getout lines are:
"You have to contact the manufacturer" (It's up to the retailer to fix it)
"We don't accept returns on this item" (They must. It's the law)
"We only give a 14 day warranty" (You get 6 months for replacement/refund and retailer is liable for repairs for 6 years.
"Replacement only on production of a valid receipt" (It's illegal to demand this.)
"No refunds" (They *must* give refunds where applicable. Not credit notes or anything else).
Read http://www.dti.gov.uk/consumers/fact-sheets/page38311.html [dti.gov.uk] and memorise the major points.
Trading standards will usually kick them hard enough (they have the power to shut down the store, and do so in some cases) - but if they don't help then small claims are good for up to £5000. The store will lose (they always lose provided you're being reasonable) and will end up paying all the costs.
Re:Setting aside the humor, do they have a point? (Score:2, Informative)
Re:Setting aside the humor, do they have a point? (Score:2, Informative)
If you change the exhaust on a car and the suspension goes out ... it's still covered. If you change the exhaust and the catalytic converter goes out ... they'll probably argue a bit. If you change the engine management computer's tune and it cracks a piston ... you're screwed.
Steps to Take (Score:2, Informative)
I have been going through this (Score:1, Informative)
Note: If you are worried about not having a right click button in Linux, the synaptics driver supports the 2finger touch as a right click.
Re:ahem.... are you sure? (Score:3, Informative)
Makes baby Jebus sad.
(Disclaimer: I work for said Big Blue)
(Further Disclaimer: I'm a complete ass and everything I say is my own damn opinion)
Here's What You Should Do (Score:2, Informative)
2. Re-install Windows Vista
3. Return to PC World with your computer
4. Pick up fixed computer
5. Remove Windows Vista and re-install Linux
6. Surf for porn
Advice. (Score:2, Informative)
Re:Small claims procedure (Score:2, Informative)
There are plenty of other get out clauses. "Mis-use" is a great one - because if you were using right, it wouldn't have been broken, right ?
Rubbish! But it will be sorted! (Score:1, Informative)
_NO_ computer sold by PC World has a warranty that covers software. Sony don't, Toshiba don't, no manufacturer they stock does. Even with their additional fantabulous warranty that you pay on top for, this only entitles you to telephone support for software issues. They will not take in a machine to fix a software fault nor will they send an engineer to your home to fix a software fault.
To suggest, therefore, that you have voided your warranty by changing the software on the machine is wrong. Explain it to them this way, and you'll get a repair without having to quote any trading standards laws.
If all else fails, call the retail number (0844 561 0000 - not the tech support number) and dial through to complaints. Can't remember the options, perhaps 4 then 5. This will get you through to the customer service team who are generally very pleasant people considering they just get angry customers shouting at them all day. They should be able to sort you out. If they can't, ask it to be escalated. It can be escalated all the way up to the head of customer service. He's a very nice chap who always gets things sorted if the company has genuinely screwed up. Which they have in this case.
Best of luck!
An ex-PC World tech.
Go back to PC World (Score:1, Informative)
The store is absolutely wrong. Your warranty is for hardware only and has absolutely nothing to do with software(Something most customers don't understand which is why the PC Clinic at PC World may be quick to get rid of customers). If you tried to make this claim under PC World's extended warranty, Coverplan/PC Performance, then they may try to refuse as it would appear to be cosmetic damage which is not covered(You'd have to convince them that it will lead damage that will interfere with operation). However, under manufacturer's warranty it is unquestionably covered as it is breakdown. The problem you are coming up against is the ignorance of the manager and the PC World technician. Regardless of what the signs say, the techs at PC World don't have any real training(Not even A+) and most are fairly incompetent, knowing nothing of a world outside Windows. Managers at PC World generally have no computer knowledge(The same can be said for head office) and will usually act on the advice of the store's technician. The manager probably does not understand the difference between software and hardware.
If this is a HP laptop it may be someone at the HP call centre making this claim(They have to send laptops to the manufacturers for repairs). This would be because the person doesn't know what Linux is AND doesn't understand the warranty(It's not uncommon for the employee to misunderstand the warranty).
PC World is usually aggressive towards doing repairs/refunds on computers for customers unless they're convinced right away that the fault has nothing to do with the customer. This is because they are flooded with customers trying to request refunds without a valid reason or customers who demand that someone fix the software issue they caused right now.
Go back to the store and explain to them that the warranty is intended to cover hardware breakdown and has absolutely nothing to do with software. Trying to make such an exclusion or limitation of liability is illegal in the first place. If the manager still won't pursue the issue then request the branch manager. DO NOT take no for an answer. If that fails then ring DSG Customer Services:
PC World - 0844 561 0000
You can also try ringing someone in head office. The store should have a list of contact details for people in head office to escalate issues to. Typically head office will resolve the issue quickly. If not then go to small claims court and DSG will probably settle.