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Maintaining Your PC - Legal Recourses for
Lemons |
Despite all we do,
sometimes we just end up with lemons. If you've had
enough of your PC and are ready to dropkick the
thing into next week, don't smash it, return it for
a refund (unless you're independently wealthy and
losing the refund is worth the satisfaction you get
from smashing the bastard into flinders -- in that
case, can I come watch?). You have more rights than
the PC companies want you to know about. All
consumer goods, including PCs, are covered by
federal statues; most states have additional
protective laws in place, and a variety of
product-specific "lemon laws" cover certain items
such as boats, autos, wheelchairs, etc.
The Express Warranty. Every PC on the market
comes with an express warranty delineating
exactly how long the thing is covered, whom to
contact with problems or questions, and, usually,
how to get it fixed and by who. Read over this
little piece of literature -- it's boring and
legalistic, but you absolutely need to know what
your manufacturer covers and for how long. By the
way, it's a very good idea to give PCs with standard
three-year warranties a little edge in your shopping
decisions.
The Implied Warranty. Under the Uniform
Commercial Code, all consumer goods carry an
implied warranty that states that if the product
-- in this case, the PC -- still malfunctions after
"a reasonable number" of repairs, then the consumer
is entitled to either a refund or a replacement.
Usually, the implied warranty is limited to the
length of the express warranty. Sometimes the
implied warranty is discussed in the express
warranty, and sometimes not, but the protection
exists regardless of what your warranty card says.
The Extended Warranty. The accepted wisdom on
extended warranties as offered by the vendor (be it
Circuit City or Dell) is to turn 'em down. After
all, salespeople oversell them to the nervous
customer (and why not? a large chunk of the money
you pay for extended warranties goes right into the
salesman's pocket, and another chunk of it goes
straight into the vendor's profit column), and
they're usually "too good to be true." All true
enough. But even Consumer Reports is changing
its mind about extended warranties, at least a
little. "For certain kinds of products, it makes
sense," says CR's managing editor, "if it's
expensive to buy, might be trouble-prone, and could
be expensive to fix. In other words, a laptop." For
desktop PCs like the majority of us use, before you
buy an extended warranty, do the math. You'll pay
10-15% of the cost of the machine for the warranty.
The most expensive repair you're likely to face is
replacing the motherboard, which can run up to $450
for the replacement cost alone, and don't forget
pricey labor costs. But most machines don't require
such expensive repairs. Upshot: paying for an
extended warranty will cost you more than you're
likely to spend if you don't face a major problem,
but if you have a disastrous malfunction, the
extended warranty could save you bucks. And there
are other kinds of extended warranties besides
retail store offerings. Credit card companies often
offer an extra year's warranty on big-ticket
purchases, particularly if you use a premium card
such as Visa Gold or AmEx Optima. Check your card
documentation, or call 'em up. Sometimes credit card
providers even offer their own extended warranties
for a fee. You can even shop for a warranty online
-- try www.warrantynow.com/ to get bids from
multiple warranty providers. (Remember to pay close
attention to what the warranties they offer do and
don't cover.) Go online to the vendors' Web sites
for warranty info; don't rely solely on what the
sales staff tells you.
What To Do. Here's a list of the steps you
should take when your PC decides to pack it in.
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First, call the
vendor's customer service or technical support
lines. Be calm, and be patient; you will more
than likely get transferred around. Your
objective here is to get your problem headed
towards resolution. Anger, sarcasm, profanity:
none of these are helpful. When you do get
someone on the line who can help you, take notes
on everything that is said, starting with the
person's name and position. Date and time your
notes. When you get switched to another
"helpful" rep, do the same with them. If you're
not sure about the advice they're giving you,
don't hesitate to ask them for clarification,
especially if they're giving you directions on
how to fix it yourself.
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Give the vendor
at least two or three tries to get your problem
resolved. Even well-meaning customer reps
misplace notes or accidentally delete e-mail, so
be prepared to give them the benefit of the
doubt. But, if they've had their three strikes
and they're giving you nothing, kick it up a
notch. Ask for the customer service or tech
support supervisor. Or, ask what the company's
procedures are for escalating a complaint, and
follow them. When you talk to the higher-ups, be
calm, but firm. Make sure they understand that
you've given the company ample opportunity to
resolve your problem, and you now require
action.
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Sometimes you
need to go even higher up the ladder. If you're
at this point in the process, vault over the
minions and write -- don't call or e-mail -- the
president or CEO of the company. Find out
his/her name and send it directly to that
person, via registered mail or via a courier
such as FedEx that requires a signature for
delivery. The president probably won't cancel
his golf outing to handle your problem, but a
staff member should handle it. When you write
this letter, continue to avoid the angry, harsh,
or sarcastic remarks. State clearly the nature
of the problem, the specific steps you've taken
to remedy the problem, the people you've spoken
to and their advice, and, most importantly, what
you want done to resolve it. Do you want a
repair performed? A refund? A new machine? If
it's a repair, do you require it perfomed by the
company, or will you be satisfied if they send
the part to you for you to install yourself?
Tell then exactly what you want done.
Most complaints that go to this level are just
angry consumers venting; make sure your
complaint doesn't get placed in this category.
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Again, be
reasonable. Asking for "just compensation"
doesn't mean they owe you a better machine than
the one you already have, or that they ought to
send you a bigger hard drive or more memory to
compensate you for your time and aggravation. It
is highly unlikely that any company will offer
you a better machine than the one sitting in a
pile of smoking rubble on your desk. And they
sure won't write you a check to compensate you
for the time you've spent hassling with them.
If, for example, you ask for a refund and they
offer a replacement, I'd advise you to take the
PC and run -- if you refuse the offer, you may
have to squeeze the refund out of them in
small-claims court.
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They still
won't settle your problem? Now it's time to roll
out the heavy artillery. If you bought the
computer via credit card, and you haven't had
the system that long, alert the credit card
company. Let them know the situation and tell
them you're considering disputing the billing.
That gets a letter sent to the vendor from the
credit card company, providing the vendor a
financial incentive for settling up, and puts
the credit card company in the position of
mediator. Now is also the time to start
reporting the errant PC company to consumer
watchdog organizations such as the Better
Business Bureau (www.bbb.org/). The BBB
wants to know if you've tried to resolve the
situation yourself -- they won't get involved
unless you've tried and failed to deal with it
on your own. If they see a real problem, they
may attempt to mediate a settlement. WebGuardian
(www.webguardian.com/) is another good
place to file a complaint on an ISP or an online
vendor. You can also file a complaint with
Planet Feedback (www.planetfeedback.com/),
who will forward your letter to the company.
Complaints.com (www.complaints.com/) also
would like to add your tale of woe to their
archives.
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If they're still
refusing to deal with your problem, consider
taking them to court. Check your warranty --
many manufacturers add a clause which has the
consumer waive their right to court adjucation
in favor of arbitration as provided for by the
manufacturer. If that's the case, you can't go
to court. If court is an option, visit the sites
at www.nolo.com/ and
www.consumerlawpage.com/ before hunting up
an attorney. Consider if it's worth your time,
effort, and costs to pursue the matter. Consider
if you can collect on a judgment if the judge
rules in your favor -- Fly-By-Night Harry isn't
likely to pay up no matter what the judge says.
But if it's worth it to you to sue the bastards,
then sue away. If you win the case and the
company still won't pay, file forms with
the court to have a marshal serve it with
papers. They owe you.
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By this point,
you probably don't want anything to do with this
company ever again. Tell them so, in writing;
just be civilized about it. There are consumer
Web sites out there that catalog consumer horror
stories (including several listed above and on
my
Consumer Sites)
links page. Look into them and consider posting
your story on their pages (just avoid libeling
the company in the process). Remember, every
company wants your business, and wants your
repeat business. Make sure they know they've
lost you as a customer.
Whatever happens,
remember that you're entitled to a decent
purchase. Fight for your right to compute.
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