Sales of goods act

[geoff2149]

HI, just wondering where I stand, I bought a brand new laptop from dell last week, on delivery the system was faulty, it kept switching off every 5 minutes.. after a lot of persuading Dell agreed to replace it with another machine, the machine came today and it is damaged, there is a big crack in the back of it, when I rang them up to complain to my amazement I was told that the replacement they had sent out was not brand new but refurbished???

Can they legally do this, I bought a brand new system, it was faulty on delivery, surely they have to replace new for new, not new for refurbished?? I have paid for a new computer and that's what I expect to receive, not a second hand repaired model...

 

[123Simples]

Hi Geoff

No they can NOT do this
You bought a new system and with that the comes certain guarantees and obligations from a supplier
Contact Dell and tell them that you do not accept their refurbished rubbish and request a FULL refund and find a better supplier

 

[kelvin1950]

You might be better posting this in the legal forum.

IMO, they should supply a new laptop. I'd be writing to the MD by now and avoiding the minions.

 

[emmylou74]

I do not know the legal stance on this. But when I worked for a phone company they used to do the same thing.

 

[kulture]

Under the sales of goods act you could have rejected the laptop when you found the fault, and got a full refund. Instead you accepted their offer to replace. This replacement sounds as if it too is faulty in its own way, namely the crack. I would go back to them and reject it.

 

[123Simples]

Here is the address of their head office if you need to write to them:

Head office
Dell Corporation Ltd
The Boulevard
Cain Road
RG12 1LF Bracknell,
Berkshire
United Kingdom

Sale of Goods Act 1979. Supply of Goods and Services Act 1982. Sale and Supply of Goods Act 1994. The Sale and Supply of Goods to Consumers Regulations 2002.

The key parts of the act are:

Wherever goods are bought they must "conform to contract". This means they must be as described, fit for purpose and of satisfactory quality (i.e. not inherently faulty at the time of sale).

1. Goods are of satisfactory quality if they reach the standard that a reasonable person would regard as satisfactory, taking into account the price and any description.

2. Aspects of quality include fitness for purpose, freedom from minor defects, appearance and finish, durability and safety.

3. It is the seller, not the manufacturer, who is responsible if goods do not conform to contract.

4. If goods do not conform to contract at the time of sale, purchasers can request their money back "within a reasonable time". (This is not defined and will depend on circumstances)

5. For up to six years after purchase (five years from discovery in Scotland) purchasers can demand damages (which a court would equate to the cost of a repair or replacement).

6. A purchaser who is a consumer, i.e. is not buying in the course of a business, can alternatively request a repair or replacement.

7. If repair and replacement are not possible or too costly, then the consumer can seek a partial refund, if they have had some benefit from the good, or a full refund if the fault/s have meant they have enjoyed no benefit

8. In general, the onus is on all purchasers to prove the goods did not conform to contract (e.g. was inherently faulty) and should have reasonably lasted until this point in time (i.e. perishable goods do not last for six years).

9. If a consumer chooses to request a repair or replacement, then for the first six months after purchase it will be for the retailer to prove the goods did conform to contract (e.g. were not inherently faulty)

10. After six months and until the end of the six years, it is for the consumer to prove the lack of conformity.

If you still get no joy with them, then i would get trading standards involved to sort Dell out.

Did you buy it direct from Dell?

http://www.oft.gov.uk/business-advice/treating-customers-fairly/sogahome/sogaexplained

 

[deniser]

If you bought it online or over the phone then the Distance Selling Regulations apply too just for belt and braces.

 

[geoff2149]

Thank you everyone for your advice, the laptop was bought direct from Dell online, I bought 5 for the business and one was faulty, they initially offered me a repair for the first one that was faulty on delivery and i rejected the repair and demanded a new for new replacement as it was faulty on delivery, The indian Gent I spoke to agreed that i would receive a brand new one, he even offered me discounts of up to £250 on other higher spec models in a way of an apology, no wonder he could offer me discounts on an upgraded model if they were sending out refurbished models instead of brand new ones, the discounts they were offering me were however still nowhere near what the actual refurbished ones are on the dell outlet website..

I have had an email about an hour ago saying that they are sending another replacement, I have asked them to confirm in writing whether the replacement is brand new or refurbished and I am awaiting a reply, if it is refurbished then I am going to reject it and ask for a full refund... if it is new then I will still be checking the service tag online to double check after I receive it, I have had quite a few dealings with Dell and can spot from the online description and the way they write the specifications of the item you have received (based on the service tag) whether it is refurbished or new, if they have told me its new and sent another refurbished one I shall be seeking legal advice on the matter, especially if I have it in writing that the replacement should be brand new...

 

[termsandconditions]

If you bought it online or over the phone then the Distance Selling Regulations apply too just for belt and braces.

But the DSR's don't apply to business buyers. The Buyer will have to rely on the Sale of Goods Act 1979 even though it is possible to exempt a seller from some of its provisions (naughty but true).

OP - can you send me a copy of Dell terms and conditions of sale to see what waivers you've signed.

Best Regards

 

[kelvin1950]

My experience of Dell is that you have to shout loudly and demand to speak to someone who is empowered to make decisions. In the end, you can get what you want, unless you lose your voice first!

 

[gr9ce]

Another reason why some try and provide refurbished rather than a brand new replacement is to dodge warranty issues. Brand new restarts the warranty. If therefore someone gets a replacement item a while after purchase 'refurbished' continues the warranty. Phone companies often do this calling a phone refurbished even if actually brand new. Shoot me if my facts are wrong but this is what I was given to understand.

In this Dell case the replacement should have been brand new as faulty from the outset and quickly brought to Dell's attention. You did not request a repair.

 

[kulture]

This actually is a misconception. The warranty starts from the purchase date. Even if you get a brand new replacement 6 months in, you only get a final six months on a one year warranty.

Of course a manufacturer warranty can offer better than this, and some might, but offering a reconditioned laptop instead of a new one is cheeky and unacceptable.