Lapcure wrote:
Hello Tony,
Unfortunately it is true that a person who purchases in the course of business does not benefit from the same protection that a consumer does.
When you opened your account with Makro did you tell them that you was a private individual?
Is the account in your name?
Did Makro, at any time, tell you that they are a business to business company?
How did you pay for the laptop?
Please let me know and I will advise further.
Best wishes
Paul
The Admin Team
Hi Paul,
Yes, the account is in my name but to be completely honest I never thought about the business to business thing when I joined Macro and therefore just assumed that Macro was just an other shop but clearly that is far from the case and to be fair to them they obviously make it clear that it's a business to business thing not that I've ever taken any notice of their terms and conditions.
As far as I know half of Glasgow has a Macro card and clearly not all of these people are business owners but Macro certainly encourages people to join but I was never made aware that it was a business to business operation (as far as I can recall) with all of the implications of that set up.
However I contacted my local TS this afternoon and according to the TS officer there is a contract between me and Macro and the laptop has to be fit for purpose which it clearly isn't so while I don't have the same protection as a consumer (under the sale of goods act) I can still take them to court just the same as a consumer can in order to claim for recompense.
According to the TS officer I just have to provide proof or evidence that there is an inherent fault with the laptop and then raise a small claims action against Macro for a refund or replacement so I've sent them another e-mail (below) advising that I intend to do just that unless they make me a reasonable offer.
The TS officer told me that the SOGA was put in place to protect consumers because it is presumed that consumers don't have easy access to a solicitor to resolve disputes such as this one of mine however businesses are 'deemed' to have easy access to legal advice/action which is why the SOGA doesn't apply to them however contract law applies in both cases so really there is no real difference between a consumer or business dispute.
I bought the laptop with my CC which is not a business CC and I also still have the receipt.
Kind regards
Tony
Starts*
Hi and thanks for the reply.
This laptop stopped working at the beginning of Sept 2010 with display problems
when it was returned to your Glasgow Hillington store who in turn sent it to DCS
London for an assessment as to what is wrong with it however the laptop was
returned to me after a month at my insistence as clearly nothing was being done
and there was no report on the laptop given to me by your assistant manager
(****** ******-sp) of the Glasgow store who was dealing with my complaint.
The Laptop has been manufactured with a Nvidia Geforce 8400 GT GPU, this
graphics chip is one of the graphics chips that has been identified as having
been manufactured with faults that leads to the premature failure of laptops
that it has been installed in.
There is plenty of evidence of these defective Nvidia graphics chips on the
internet and indeed Nvidia has already accepted that these chips are responsible
for the thousands of failed laptops worldwide in which they have been installed.
Clearly this laptop is 'not fit for purpose' so I intend to send it to an
independent computer engineer (the cost of which will be added to the claim) to
obtain a report which I will then use as a basis for a small claims action
against Marco however I would like to resolve this dispute amicably and would be
prepared to accept a replacement laptop of similar quality, a cash refund or
goods to the value of the laptop less a reasonable amount for the age of the
laptop.
Kind regards,
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