Acer laptop - 2nd return

  sean-278262 05:03 30 Dec 2006

Once again I am back. Seems like the millionth time I am back asking about my laptop and position with regard the warranty.

Short version - Aspire 3023wlmi laptop. Seems to be overheating. It is just shy of 1 year old, was repaired already. Has a few other niggly other problems. What do I say to the support people as I need it sorted fast as I am a student with assignments to do and not wanting to be without it for 3 more weeks!

Read on for the full details but thats optional. Just laying out the finer points from here on.

I have an acer aspire 3023wlmi (LX.A4805.024)

click here

I guess it is best to tell the full tale. I am a student (UK for uni and ROI is home) so it is vital for my entertainment, studies and used between home and away I no longer have a desktop PC.

I purchased it at the end of Jan 2006 as a replacement to a tesco laptop which I ended up getting a refund on as both died within 2 weeks of purchase and was plain unreliable. I purchased the above laptop at £640 on the date in question.

I used it till april before it died for the fist time when I was home for easter break 2 days before I had to go back. Called Acer (4hours overall) collected the day I left. 3 weeks later returned it to the wrong address even though we said to deliver it to my term time address. Returned with a new hard drive fitted as the old one had died. As you can guess I was not impressed at footing the bill to get it shipped to the correct place.

In October the keyboard had begun to be less responsive. Not a big problem as I tend to use an external one anyway and only use the one on the machine when studying with friends or at a library.

December came around and now when playing games and movies. Sim City and an episode of top gear I had recorded, the laptop spontanaeously decided to turn itself off completely. There is no warning (no alarm akin to a CPU overheat), no BSOD or other errors to suggest other faulty parts. A friend who I agree with suggests a graphics overheat but it isnt 12months old so shouldnt be doing this.

What are my rights as at this point it is clear that this one isnt right still. From day one it was always extremely hot to touch at random intervals sometimes it would be cool others baking, however this is at the same desk under the same conditions at idle.

I understand I have no right under the law to demand a replacement unless acer themselves offer me one but considering this machines long running love affair with not being right it doesnt help much and the fact that it has cost me a fortune to get things sorted with phone calls on hold and shipping to the UK (thats £40 by the way from here). I feel very unhappy with acer and their support system.

Also does not help that I have still most of the protective stickers attached and it has mere cosmetic scratching from use. I care about how my computers are kept and I don't abuse them, it still looks brand new.

I will phone Customer Services on Monday and have to get this sorted out. What do I say to them? I do not want to be again without my laptop for another 3 weeks as in all seriousness thats 6 weeks out of my warranty. I understand I would also have to get some sort of warranty on a repair if it is undertaken how long does this last for?

As I have also said what can I do because when I get back to university I will be Computerless and also have assignments to do. Please do not suggest I go to a library as I cant work in a noisy place as the local librarys are.

  sean-278262 15:41 30 Dec 2006

Been half a day so time to bump this methinks. Anyone got anything to say of constructive help?

  spuds 16:40 30 Dec 2006

Regarding advice for a laptop, and reading about other peoples problems with Acer service, I would contact Consumer Direct click here

Monday will be New Years day, so I would imagine that both Acer and Consumer Direct will be on holiday. Any action may need to wait till Tuesday!.

  sean-278262 17:11 30 Dec 2006

So about all I can do is call acer and endure their wonderous 40minute call waiting time.

  ForestChav 23:43 30 Dec 2006

Screw Acer; unless you have bought it direct from them, it is the retailer you should be dealing with.

Under the Sale of Goods Act 2002, goods should last "a reasonable time" after purchase. This time period is not defined, and depends on the value of goods, the purchase price, and the purpose for which the goods were acquired. In the first six months, a fault is considered inherent and it is down to the retailer to prove otherwise, outside that, the consumer has to prove the fault. The laptop first went wrong in April, and this is a recurrence of the same fault... so...

The point is, that under the same Act, the buyer [if it does not conform to contract] may require the seller to repair or replace the goods. That's exact wording, not a paraphrase; the dealing is with the retailer, and NOT Acer, unless it was bought direct. You have no contact with the manufacturer, you have a legally binding contract with the retailer.

In addition, note that the warranty is "in addition" to your rights under the Sale of Goods Act, and you can make a claim under the Act for the reasonable time, this is up to six years... obviously, you have to prove the fault was inherent, and the longer this goes on, the harder it becomes.

Contacting the retailer armed with the Sale of Goods Act, which I will link to, is the best way. If they tell you to deal with Acer, then you don't have to, your contract is with them, and not Acer, the law says that the retailer has to deal with it, if the buyer requires it.
click here

  sean-278262 23:55 30 Dec 2006

Thanks mate. Nothing I didnt know. However as you can see I cannot prove the fault was inherent as it is a random total system failure with no obvious signs of damage.

It has today on boot made an awful grinding noise from the fans area. This went away after restarting.

How do I prove the hard drive failure was due to this apparant overheating. To be honest I am not happy to accept the machine be repaired again as it has had numerous faults

Rear USB intermittant - recent problem that doesnt bother me as a mouse ususally goes here.
Keyboard intermittant - Use a USB keyboard most of the time
Hard drive - died lost all data
Overheating - crashes at random
Fan grinding - new not sure what thats about

Am I in a position to tell them I want a like for like replacement as to be honest it clearly isnt fit for purpose this particular one. I purcahsed a laptop for university and so far have been without it after checking my emails for 5 weeks out of less than 12months warranty on the first repair. Oh and that was before it had to spend the best part of a week in the postal system from ROI to the UK.

  rezeeg 10:31 31 Dec 2006

Creature of the Nite it looks as though your main problem is an inherent fault, not remedied by the first repair.

I would take the advice of ForestChav and go to your retailer armed with the full history, failure dates etc.

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