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Old 15-10-2004, 14:00   #4
Graham
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Re: warranty and sales ?

Quote:
Originally Posted by kronas
i bought a pc back in march about two months ago it started developing a fault [...] so im in a situation where i want a new unit, so what is my legal stance on this ? can i demand a proper replacement or are they required to legally fix it how they see fit ?
Unfortunately you're probably not entitled to a new machine at this time. (Note usual caveats about me not being a lawyer!)

Under the Sale of Goods Act 1979 it must be "As Advertised", "Fit for Purpose" and "Of Satisfactory Quality". Were it to fail any of these tests when you got it, you could demand a replacement. However since you'd had it for several months without problem it would most likely be deemed that you had "accepted" the item as satisfactory.

Under the Sale and Supply of Goods to Consumers Act 2002 you have the right to choose repair, replacement or partial or full refund or compensation if a fault appears within 6 years and it's reasonable for goods to last that long. Also if you complain within 6 months the onus is on the retailer to prove that the goods were not faulty at the time of purchase (after 6 months the onus is on you to prove they were faulty at time of purchase).

HOWEVER: Your problem is that because the machine had been working fine for about four months, the retailer would have a good case for showing that the computer was not faulty at time of purchase since, had it been, the fault would have shown up before then.

You don't actually say *what* the fault is, so it's difficult to say more, but I think your best bet would be to take the repairs under the warranty.

Given the tech has "replaced practically everything" I'd suggest getting them to fit a new mobo if they didn't do it last time, because that's probably the last thing left to change.
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