Hi,
I am looking for any advice or anyone who has had a similar situation and whether they managed to resolve it.
My notebook, which is still covered under an extended warranty, broke just over two months ago and I sent it in for repair with an authorised dealer. A couple weeks later the manufacturer rung me to say the part required was no longer made and they were offering me a replacement for a particular model or the depreciated value as a refund. I agreed to the replacement because it was practically my original notebook but this years model and was told this could take up to 28 days. A few weeks later the head office rung me to say that that model was no longer in stock and they could send me another model. I agreed to this as they had told me that any replacement would be equivalent or better than my original. When the replacement arrived it did not have an optical disc drive and therefore a downgrade from my original; I informed the manufacturer I was not happy with this and they agreed to replace it for an equivalent model (giving me the model number). At the time I asked for this to prioritised as it had already been 28 days. It took 2 weeks for the manufacturer to send me the waybill so I could arrange for this replacement to be sent back to them so that the new one could be sent out. Over a week later I received what I thought was the replacement I had agreed with the manufacturer, it was not, they had sent me a different model which was larger, heavier and had a shorter battery life than my original. I took into careful consideration the specifications of my original notebook when I bought it, including its weight ( I wanted it light, less than 2kg), battery life (really long, original had 6 hours) and size (i wanted it to be compact, so bought notebook with screen size 12").
The manufacturer has said they will only allow me to keep the replacement i currently have or take the depreciated refund. I believe I am right in saying they have breached their contract as an agreement was made by them to replace with a certain model on two occasions and they havent done so?
If they are telling the truth that both the agreed models are out of stock are they responsible for sourcing elsewhere ( I can find a couple places online still selling the agreed models) or allow me to buy it elsewhere and refund me? Or, looking at their website it seems they are about to bring out new models, if they are expecting a new model that meets the functionality of my originality of my original, should they replace it with that?
I am also going to send a letter to the credit card company whose card it was bought on as they are also liable for any breach of contract.
I would appreciate any help and advice.
Kat
I am looking for any advice or anyone who has had a similar situation and whether they managed to resolve it.
My notebook, which is still covered under an extended warranty, broke just over two months ago and I sent it in for repair with an authorised dealer. A couple weeks later the manufacturer rung me to say the part required was no longer made and they were offering me a replacement for a particular model or the depreciated value as a refund. I agreed to the replacement because it was practically my original notebook but this years model and was told this could take up to 28 days. A few weeks later the head office rung me to say that that model was no longer in stock and they could send me another model. I agreed to this as they had told me that any replacement would be equivalent or better than my original. When the replacement arrived it did not have an optical disc drive and therefore a downgrade from my original; I informed the manufacturer I was not happy with this and they agreed to replace it for an equivalent model (giving me the model number). At the time I asked for this to prioritised as it had already been 28 days. It took 2 weeks for the manufacturer to send me the waybill so I could arrange for this replacement to be sent back to them so that the new one could be sent out. Over a week later I received what I thought was the replacement I had agreed with the manufacturer, it was not, they had sent me a different model which was larger, heavier and had a shorter battery life than my original. I took into careful consideration the specifications of my original notebook when I bought it, including its weight ( I wanted it light, less than 2kg), battery life (really long, original had 6 hours) and size (i wanted it to be compact, so bought notebook with screen size 12").
The manufacturer has said they will only allow me to keep the replacement i currently have or take the depreciated refund. I believe I am right in saying they have breached their contract as an agreement was made by them to replace with a certain model on two occasions and they havent done so?
If they are telling the truth that both the agreed models are out of stock are they responsible for sourcing elsewhere ( I can find a couple places online still selling the agreed models) or allow me to buy it elsewhere and refund me? Or, looking at their website it seems they are about to bring out new models, if they are expecting a new model that meets the functionality of my originality of my original, should they replace it with that?
I am also going to send a letter to the credit card company whose card it was bought on as they are also liable for any breach of contract.
I would appreciate any help and advice.
Kat