Failed Hard Drive - Reject Computer?

  Sir Radfordin 20:07 23 Mar 2004

Bought an Acer Laptop at the end of January this year for someone I do some work for. They are now getting an error message that suggests the hard drive has failed (I can't see the thing till Friday). If I find as I suspect I will that the drive has failed can I return it to the place of purchase (that wonderful local shop!) and reject it as not fit for purpose?

Do I have to allow them to try and correct the problem first or can I just return it and get the money back?

  [email protected] 21:56 23 Mar 2004

I would imagine if it is just the hard drive that has gone then you would have to give them the chance to fix it.

If it is the drive they might be able to negotiate a upgrade as compensation for the hassle!

  JerryJay 22:56 23 Mar 2004

If you are a shop owner, do you take it back after two months? They need to make a living.

  Sir Radfordin 23:04 23 Mar 2004

No you don't sell products that aren't fit for the purpose they are sold for ;)

  davidg_richmond 23:21 23 Mar 2004

if you reject a product as 'unfit for purpose' or not of suitable quality, a supplier usually has a set procedure with their own suppliers. ie a local small shop probably buys in goods and has 28 days or so to send them back (from point of consumer purchase) to their own supplier. If you successfully argue that they should take back a product outside of their own contract with their supplier they could be worse off.

With that said, it is not the concern of the customer what contract the shop has with their supplier. But under the SoGA (amended) and SSGCR2002 you may be required to let them rectify the fault (provided that it is done without significant inconvenience and in reasonable time).

  Sir Radfordin 23:24 23 Mar 2004

Cheers Dave thats what I was thinking - you have to give them a chance to rectify it. I'll be more than happy to put to them that my contract is with them and not with Acer but we all know how often this argument is rejected.

Hi Sir Rad,

Rejecting goods is only possible before you have accepted them and this is what causes such a lot of confusion.

s.35 SOGA gives circumstances where acceptance will occur and it is (1) when you intimate to the seller that you accept them (2) Do any act inconsistant with the rights and ownership of the seller (Remove lables etc) and (3)after lapse of a reasonable time.

it is the last that causes difficulty - what is a reasonable time to inspect the goods?

Three weeks in the case of a car engine that siezed (deemed not fit at time of sale) and six months for a trailers locking mechanisim (Still under warranty and fault only became apparent later).

This has changes slightly with the new regs where a fault developing within six months is deemed to have been present at the time of sale. However, even if agreed, it does not give the buyer the immediate right to reject but instead allow the seller the opportunity to repair. Ad David_richmond states, you will have ot give them a chance.

  Stuartli 08:55 24 Mar 2004

An HDD could fail at any time as is well known, although they do seem to be a lot more resistant to bumps and knocks these days.

It might even be that your friend(s) may have dropped or knocked the laptop, causing premature HDD failure.

I don't think you will be able to reject the laptop as not being fit for its purpose as it was clearly working when it was acquired and appears to have done so for several weeks.

A replacement HDD, perhaps of higher capacity, supplied and fitted free of charge and with as much data recovered from the original as possible should be the minimum aim.

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