RE: Sony laptop sent back for repair (Case Number: 2303903)
To Whom It May Concern:
Some Background Information:
Around the 21st of December 2006 I purchased a Sony Vaio Laptop C series (VGN-C2Z I think that’s the model number). After a day I noticed a problem with the laptop (the right mouse button on the laptop wasn’t working) and brought the laptop back to where I had purchased it (Sony Store, O Connell St. Limerick, ROI). They gave me a number to contact the repair centre, saying that was all they could do for me. I then contacted the repair centre (early January 2007) they advised me that all I could do was send it back to them which takes 3-5 working days but may be longer. I refused this option as I needed the laptop for work and found a way around the problem by plugging in an external mouse. Since the purchased the laptop a new problem seem to go wrong every couple of weeks, from the speakers not working to USB ports not working – until eventually the hard drive gave way.
Sent It Back For Repairs:
I sent my laptop back to 5-6 weeks ago I don’t have the exact date but I believe it to be either June 21st 2007 or June 28th 2007. Again I was reassured that the turn around are within 3-5 working days.
July 10th/11th (not sure which day)
I ring for an update on my laptop and get told that the mother board has been replaced but the laptop still isn’t working and that an engineer has to see it. I also get advised to push for a new laptop if I haven’t gotten my laptop back by the end of the week.
July 13th
I call to update my delivery address and I ask for a status report – I am waiting for over an hour to get through. The agent assures me he will call me back with an update. He never called me back and I have since found out that he never logged the call.
July 17th
I make another call inquiring about an update and explain that I called Friday and nobody ever got back to me. The lady I talk to apologizes and tells me she will get on this and call me straight back. Again she never called me back and I’ve since found out the call was never logged.
July 19th
I still haven’t received a call back and call again. The first thing I do this time is to ask for the agents’ name. His name is Fabien and he assures me I don’t need to know his second name as everyone there knows him. This call lasts about 20 minutes and I tell him I’m sick of people telling me they’ll call me back and they don’t. I am not happy that it has been nearly a month. I ask to talk to a manager he declines my request. I ask what steps I can take as this matter is unacceptable – he tells me there is none and be patient. He advises me that they (SONY) are still waiting for an engineer to look at my laptop and he will call me back. He still has not called me back but at least he logged the call.
July 30th (Today)
I called again and this time I was talking to Stuart. I asked to speak to Fabien and he would not put me on to him. I again asked to speak to a manager and was told no. Again I got the same 3 comments that I’ve gotten every time I call:
1. Sorry sir there is no record of your calls (apart from Fabiens),
2. We are waiting for a sony technician/engineer to inspect your laptop
3. We will call you back.
This time Stuart did call me back. He told me they are still waiting for an engineer and that’s all he could do. He was extremely rude to me but eventually gave me this e-mail address. This is my last reach out to Sony Vaio, thereafter I will take the matter legal. The two options that I am aware of are:
1. Consult with a solicitor,
2. Bring Sony to small claims court,
I have also been advised to go to local radio stations and newspapers with this,
If someone from Sony were to walk up to me today, laptop in hand I will now no longer accept that. From Sony I need a clear explanation and apology for this whole matter as well as compensation for the phone calls I’ve made to Sony which are now quite considerable. Finally and most obviously I want either my laptop back repaired or a new laptop ASAP.
Below I have quoted the Sale of Goods and Supply of Services Act 1980 which you are in breach of. I should also advice that I now am aware that my contract is with the retailer 1st and the manufacturer 2nd. I find the fact that the only option made to me by the Sony Store was to send my laptop back after 1 day a sham and is also clearly in breach of the below.
Under the Sale of Goods and Supply of Services Act 1980, anything you buy from a retailer must be:
of merchantable quality
fit for its normal purpose, and reasonably durable
as described, whether the description is part of the advertising or wrapping, on a label, or something said by the salesperson.
When you buy goods from a retailer, you make a contract with him. He agrees to provide certain goods to you for a certain price. If your purchase turns out to be faulty, the retailer, not the manufacturer, is responsible to you and must sort out your complaint. You are entitled to a refund, a replacement or a repair.
You do not have to take a credit note if your complaint is covered by the Sale of Goods Act. You can insist on a refund, a replacement or a repair.
If you have a genuine complaint about faulty goods, you can ignore shop notices such as 'No Refunds' or 'No Exchanges'. Such notices cannot take away any of your statutory rights under the Sale of Goods Act see Retailers' responses.
You have no rights under the Sale of Goods Act if you simply change your mind about wanting the goods. You also have no rights if faults are due to misuse of the product after purchase, or if faults should have been obvious or were pointed out at the time of purchase.
The person who purchased the goods holds the rights under the Act. If you receive the goods as a gift, you have no contract with the retailer and don't have the same rights. In practice, most retailers will oblige the user of the goods but this is a gesture of goodwill, not a legal requirement.
Your rights under the Act also apply to goods purchased at sale prices. They must be of merchantable quality, fit for their particular purpose and as described. If goods are being sold as seconds or shop-soiled, however, you cannot expect the same standard.
Second-hand goods
These must also be of merchantable quality but the standards are lower. If you buy something through a private sale, your rights are greatly diminished. Goods do not have to be of merchantable quality, they merely have to be owned by the seller and fit their description. It is up to you to check out the goods before buying.
Services are also covered by the Act. There is a contract between the supplier of a service and the consumer who pays for the service. You are entitled to expect that the supplier:
has the necessary skill to provide the service
provides the service with proper care and diligence
uses sound materials and supplies goods of merchantable quality.
If the service you receive is unsatisfactory in any of these ways, you may be entitled to a remedy or compensation to make up for the difference in value between the service that should have been provided and what was actually provided.
Consumer rights do not always apply in relation to unsatisfactory services. The supplier of the service may limit his responsibility in some way, for example, through an exclusion clause. However, a clause of this kind is only valid if it is specifically brought to the consumer's attention and only if it is fair and reasonable.
Regards,
Ricky Cosgrove
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