Travel computer warranty dilemma - suggestions??

[Deleted member 29185]

I specifically bought a HP Spectre for my travels as it is the perfect size and weighs little. At 6 months old, the thing died. HP advised me (via an email) to take it to a computer shop to backup the hard drive and also on my insistence, they added that I wouldn't be held responsible for an external company working on a product still under warranty.

To cut a long story short, the computer shop broke the screen and HP are now saying I have to pay $500 for a new screen and until I do, they won't/can't repair the initial fault.

I'm seeking any knowledgeable advice as to whether a small claim against HP would likely be successful, or do I just bite the bullet and pay it ... or even buy another one.

 

[harvyk]

To cut a long story short, the computer shop broke the screen and HP are now saying I have to pay $500 for a new screen and until I do, they won't/can't repair the initial fault.

I'm seeking any knowledgeable advice as to whether a small claim against HP would likely be successful, or do I just bite the bullet and pay it ... or even buy another one.

The answer is what can you prove HP said? If they told you to take the computer to a local shop and you have that in writing then it's a slam dunk. If you can find something along the similar lines in their warranty then again you're covered.

However if you haven't got either of those in writing then HP are probably in their rights to tell you that it's the local shop problem. You didn't say which country the shop was located in, if it's Australia then you're covered under the ACCC rules, however if it's OS you are likely much more on your own.

 

[Deleted member 29185]

The answer is what can you prove HP said? If they told you to take the computer to a local shop and you have that in writing then it's a slam dunk. If you can find something along the similar lines in their warranty then again you're covered.

However if you haven't got either of those in writing then HP are probably in their rights to tell you that it's the local shop problem. You didn't say which country the shop was located in, if it's Australia then you're covered under the ACCC rules, however if it's OS you are likely much more on your own.

It's in writing. I raised the concern of a third party voiding the warranty or damaging the product and said I wanted the authorisation in writing, which they did, but only with broad wording and didn't specifically cover damage, just to take it to a computer shop and it wouldn't void the warranty.

 

[vetrade]

If the computer shop broke the screen it's hardly HP's fault. The computer shop should be liable to make good the damage they caused. HP need to honour the warranty but not stump up for a third party's damage aka negligence. Why aren't you directing your complaint to the people who broke the screen?

 

[Deleted member 29185]

If the computer shop broke the screen it's hardly HP's fault. The computer shop should be liable to make good the damage they caused. HP need to honour the warranty but not stump up for a third party's damage aka negligence. Why aren't you directing your complaint to the people who broke the screen?

Because that will raise the warranty being voided thing again. I'm not suggesting the computer shop isn't responsible. I just do not wish to be the meat in the sandwich. If HP wants to recover costs, I'd prefer they do that directly themselves. Why should I have to be their debt recovery agent? They instructed I take it to a computer shop, which would not have been necessary had their product not failed.

 

[vetrade]

.....................I just do not wish to be the meat in the sandwich. ....................

Too late - you already are.
An unfortunate sequence of events to be sure but foreseeable enough so, despite what you have in writing, I guess the best option would have been to take it back to your place of purchase - but presumably that wasn't a readily available option for you. Have you broached the subject of the screen repair with the computer shop? If they agree to make good the damage they caused that would seem to be your best way out.

 

[Deleted member 29185]

Too late - you already are.
An unfortunate sequence of events to be sure but foreseeable enough so, despite what you have in writing, I guess the best option would have been to take it back to your place of purchase - but presumably that wasn't a readily available option for you. Have you broached the subject of the screen repair with the computer shop? If they agree to make good the damage they caused that would seem to be your best way out.

The computer shop say they specifically sought instruction from HP as to how to do the job and that they were,acting on instruction of HP so therefore HP's problem.

It was bought from Office works who, like any reseller, passes the warranty back to the manufacturer.

I just see this as HP conning their way out of a warranty. They'd probably just give me a new one and the $500 would likely give them a profit over the cost of manufacture, considering I only paid about $900 retail for it.

 

[vetrade]

Well if the damaged screen occurred as a consequence of the computer shop following HP's instructions you have good reason to feel aggrieved. Now that I understand better I sympathise with your predicament. I guess all you can do is try and escalate the dispute higher up the food chain at HP to see if you can annoy them into a reasonable resolution.

 

[Cynicor]

I'd complain to fair trading/consumer affairs. At the least they'll give you some advice but this should be HP's problem I thinkz

 

[Happy Dude]

The computer shop say they specifically sought instruction from HP as to how to do the job and that they were,acting on instruction of HP so therefore HP's problem.

It was bought from Office works who, like any reseller, passes the warranty back to the manufacturer.

I just see this as HP conning their way out of a warranty. They'd probably just give me a new one and the $500 would likely give them a profit over the cost of manufacture, considering I only paid about $900 retail for it.

That's not correct. Officeworks have the obligation. It's on The Checkout like every week. They also say that the retailer often tries to pass the buck.

Can you get the computer shop to pay the HP invoice? If there's an issue then it should be between them and HP.

 

[MEL_Traveller]

Call you local consumer affairs office. They provide free advice. I reckon it sounds like you have a claim against the computer repair shop for breaking your screen. Whether or not they were following HP's instructions is not your concern, they broke the screen. If the computer shop wants to follow that up with HP that's their business (not your concern). But consumer affairs will have the best advice.

You can then send the computer to HP, or go back to Officeworks, who I believe are obligated to take the item for repair and can't force you to go back to HP.

 

[opusman]

If the shop broke the screen it's their responsibility.

 

[harvyk]

That's not correct. Officeworks have the obligation. It's on The Checkout like every week. They also say that the retailer often tries to pass the buck.

Can you get the computer shop to pay the HP invoice? If there's an issue then it should be between them and HP.

Another checkout watcher I see. Yes the original place of purchase has the ultimate responsibility to resolve the issue, however it may get a bit more murky once HP and 3rd party repairer has gotten involved.

 

[opusman]

You take your car to the local garage to have the oil changed. While it's there they accidentally smash the windscreen. They tell you sorry, it's Mazda's responsibility.

Make sense to anyone

 

[Deleted member 29185]

You take your car to the local garage to have the oil changed. While it's there they accidentally smash the windscreen. They tell you sorry, it's Mazda's responsibility.

Make sense to anyone

And that relates, how? It's a totally different scenario.

 

[MEL_Traveller]

And that relates, how? It's a totally different scenario.

It seems similar. You took your computer to have the data backed up but somehow the shop broke the screen. Same as taking your car for an oil change but somehow the garage breaks the windscreen. In both cases the breaking of the screen seems unrelated to the original problem.

 

[Happy Dude]

The computer shop say they specifically sought instruction from HP as to how to do the job and that they were,acting on instruction of HP so therefore HP's problem.

I meant to add that this bit from the computer shop sounds incredulous. What kind of instructions were they given?? I'm a luddite so I'm thinking that the computer shop would just need to plug in a USB backup drive or something.

Can you claim accidental damage on your credit card maybe?

 

[Happy Dude]

Another checkout watcher I see. Yes the original place of purchase has the ultimate responsibility to resolve the issue, however it may get a bit more murky once HP and 3rd party repairer has gotten involved.

One would be crazy to miss it I reckon. That and Media Watch. And Four Corners.

 

[Deleted member 29185]

It seems similar. You took your computer to have the data backed up but somehow the shop broke the screen. Same as taking your car for an oil change but somehow the garage breaks the windscreen. In both cases the breaking of the screen seems unrelated to the original problem.

Nope. Nothing alike. For a start an oil change on a car is a service, not a breakdown. Next, an oil change is the cost of the owner, not the manufacturer. Also Mazda (the example given) would prefer you take a service to their lackeys and last, if Mazda directed a vehicle to be repaired at a third party, they'd be responsible for damage done.

I meant to add that this bit from the computer shop sounds incredulous. What kind of instructions were they given?? I'm a luddite so I'm thinking that the computer shop would just need to plug in a USB backup drive or something.

Can you claim accidental damage on your credit card maybe?

I'll look at the CC insurance, but I doubt it. This computer is more a tablet with a detachable key board. To access the hard drive, they needed to remove the screen. They, nor me, could not "just plug in a USB" as the thing was dead! Lifeless!

 

[Happy Dude]

I'll look at the CC insurance, but I doubt it. This computer is more a tablet with a detachable key board. To access the hard drive, they needed to remove the screen. They, nor me, could not "just plug in a USB" as the thing was dead! Lifeless!

Thanks for the info. It does sound like a well handy device for travelling. Except the dead lifeless bit

Hope it gets sorted for you....