Thanks for that Paul
Tesco wrote today, enclosing a OTM form and prepaid envelope !!! Lucky me !!!
So i completed it and after having had time to look around the forum i had hashed together a letter for them which perhaps was a tad strong but hey ho. I also thoughtfully enclosed several lots of info for them as obviously they are incapable of looking it out themselves from what every one else has said, so here is the copy of the letter i sent and i will obviously be back with the response....
Dear Tesco,
Please find enclosed your completed out of warranty form and a copy receipt that is made up of two pages, for three HP G6000 series laptops, that I purchased from the Dumfries store in 2008.
You will note that all three of the laptops are from the same batch, as per the serial numbers on each laptop. (CNF8083 DKK, CNF 8083 DD4 and CNF 8083 CWZ)
These laptops contain a Nvidia Geforce GPU, which is failing in huge numbers worldwide. The fact is that all of these laptops were doomed to fail from the time they were first switched on, due to this recognised fault.
All the machines have displayed the same symptoms and suffered the same failure at different points after purchase. The first failed at thirteen months old, and it belonged to my son who was in the crucial stages of his degree course. So you can imagine the distress this caused to him. The second failed two months later at fifteen months old, and was owned by my partner. The third laptop, which I had bought for myself, was symptomatic at the time the second laptop failed, lasting for only a further six months but without being consistent in its function.
For your assistance I offer a definition of an inherent fault, which is a fault present at the time of purchase.
Examples are:
• an error in design so that a product is manufactured incorrectly
• an error in manufacturing where a faulty component was inserted.
The "fault" may not become apparent immediately but it was there at the time of sale and so the product was not of satisfactory standard from point of purchase. Under Scottish law, I have five years from the date of purchase to claim. The warranty offered by you is irrelevant as the manifestation of the fault did not become apparent until after the warranty had expired.
All these laptops started to behave erratically, overheating, losing wireless connectivity, shutting down inexplicably and the battery not holding a charge, meaning they could not be used as portable devices unless they were plugged into a power supply. Eventually this culminated in their total demise.
These symptoms displayed are the result of a manufacturing defect caused by the use of a faulty Nvidia chipset (GPU) in the laptops manufacture as previously outlined.
It may interest Tesco to note that other retailers have offered replacements to affected laptops or have given full refunds. This being the case, I do not feel that justice would be best served here, by you offering me any less than this, especially as I am a valued customer of Tesco.
I am well aware that you have already been taken to court by other customers who had purchased these laptops with the same fault and that the decision had gone against Tesco. Please note that the standard letters you send out saying Tesco are unaware of any fault, or to quote Melanie Watt, Tesco Customer services, that you are“ not aware of any inherent defect” will not suffice in this particular situation. I have copied widely available documentation regarding this problem, and am enclosing a proportion for your perusal.
With Tesco’s being the largest retailer in the UK, one expects better or at least the same treatment as other retailers are giving their customers i.e. full refund or replacement. I would be happy if Tesco’s would replace these items for items of similar spec not containing an inherently faulty part. This is by far the most cost effective option for Tesco who can source new machines more cheaply than I, the consumer could.
These machines have been looked at by engineers in the last fortnight and deemed not repairable, all three having the exact same fault, and I was advised to instigate a claim. A report will be obtained if necessary, costs for which I will claim back. I believe we both know the going rate is £65 per report per machine, a sum I would rather was put towards replacement of these machines, when the machine spec clearly states that they are all fitted with the affected GPU chipset.
This problem is well documented on the internet and is recognized by HP, Dell, Apple and Nvidia themselves. Indeed HP, Apple and Dell have all given some customers who purchased direct from them in the UK replacement machines or full refunds. It just seems to depend on how forceful one gets, which is no way to do business and causes untold upset and aggravation for the consumer.
The Sale of Goods Act gives guidance on this matter and it states that all goods should be of:
1) Merchantable quality
2) Free from defects
3) Durable
4) Fit for purpose
Given that the operation of these machines was erratic at best and at worst often left the operator unable to do what was required, I would say that the sale of goods act has certainly been breached.
I would also bring up the fact that to date Nvidia have paid in excess of $475 million in compensation and that figure is rising. They have had judgement against them in federal court and it is likely that all retailers, such as yourselves, will be claiming your costs back from Nvidia in the near future.
I await your response with interest and hope it is specific to this case, one would hope that given three machines of the same make and batch and indeed purchased at the same time have failed due to this inherent fault, that things are clearer in this instance.
Yours Sincerely
