Toshiba satellite laptop help

  Mumof3 08:55 24 Nov 2007

Hi, I was wondering if anyone could help me regarding my rights for a refund/replacement of my laptop. I am on my husbands pc which has a broken spacebar so please excuse any lack of spaces we can't getthis fixed until we get mine back.

I bought a Toshiba Satellite laptop from Comet and it arrived 13th August. I had a problem come up that it was continually downloading the same windows updates overand over again and even if I had not been on the internet and had my wireless connection switched off it still said I had updates waiting to be installed.
I rang up Comet but as it was longer that 28 days since purchase (26th october) they said I had to contact Toshiba and have it repaired under my warranty.
I rang Toshiba and they arranged to pick it up on the 30th October. I was told it would be between3-5 working days for it to be repaired and if it needed to be replaced or there was any delaythey would let me know.
I had to continually ring them as I had no contact and no laptop and after many frustrating phonecalls to the repair centre and Toshiba I finally received the laptop back on November 14th.
My first instinct was to check the repair had been carried out and found that now I could not update Windows at all and on top of that was unable to updatemy Norton security or Adobe. I rang Toshiba and they promised to repair it themselves this time and the laptop was collected the next day. They also stated they would replace the top cover whichhadbeen scratched by the repair outletthey used.
I rang yesterday to find out what was happening as I had had no contact to say howmuch longer it would be and was told I would get a call back. They called back when I was out but spoke to my husband as I had requested they doand he was told that they were waiting for the replacement casing but there had been no fault with the laptop and it must be our router. Even when we said we had another laptop and a PC in the house and had no routrer issues they insisted the laptop was not faulty.
Sorry for the long long post but if you managed to get through it please help I am not sure what to do next. If they have decided there is no fault then they have obviously not fixed the problem they have had my laptop nearly a month and I have only had it less than 4months in total including the month they have had it.

  Forum Editor 09:19 24 Nov 2007

is that on the face of it this isn't a hardware problem at all - it seems to point to an error in the operating system.

Under the terms of the Microsoft OEM licence your retailer is responsible to you for any problems with Windows, so that's the first thing to remember. In addition, Comet is liable to repair any faults that manifest themselves within six months of the date of purchase - the law assumes that the faults were present at the time of purchase. All you needed to do was dump the problem in Comets' lap, and let them sort it out, but you didn't know that, and as a consequence you have reached this impasse with Toshiba.

The company may well be right when it says there's no fault with the machine - I imagine they'll be talking about hardware, not software. They are the makers, and if they say the machine has no faults it's a pretty good bet that they're right. The fact that you have been unable to access either the Adobe or the Norton update sites explains why Toshiba has suggested a router problem. In fact it may be an operating system problem, as I said at the beginning.

Either way you're in a difficult poisition now. Toshiba's warranty only extends to the machine's hardware - the company is under no obligation to remedy software faults. Comet was under such an obligation, but they might take the line that you have lost your right to their help by going to Toshiba.

I don't take that view, however, I still believe that you can require them to rectify this problem under the six month provision, and I suggest that you tell them so.

  Mumof3 12:30 24 Nov 2007

However Toshiba did when they first take the laptop in replace the Motherboard and a couple of other items am I still within my rights to take it back to comet when I finally getit back from Toshiba? (again apologies for the lackof spaces)

  Forum Editor 18:47 24 Nov 2007

you may find you have a problem with Comet. The thing is, you have to do something. You didn't mention that Toshiba had changed the motherboard and "a couple of other items", and that changes things slightly - did they tell you why they did that?

  Mumof3 09:10 25 Nov 2007

the motherboard was malfunctioning. I will have to try theupdates again when I get it back and if it doesn't work properly I will go and stand in Comet when they arereally busy and complain politelybut loudly enough for the other customers to hear ;-)

Thanks foryour help

  Forum Editor 09:20 25 Nov 2007

Whatever you do, don't lose it when you're in Comet. Keep calm, and firmly demand that the company honours its obligations under the terms of the Sale of Goods Act 1979 and The Supply of Goods and Services Act 1982.

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