So Lets Shaft Our Farmers.....
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Computer
My PC has to go back to the online retailer I bought it from in a few days time. It has developed a fault that I think will mean the hard drive will have to be replaced. Looking at the terms of the warranty repair, it seems that the seller is under no obligation to install a working copy of my Windows 10 on the PC prior to return.
Can the retailer really do this? When I bought the laptop from them it had a fully functional copy of W10 installed. I accept that the W10 may be on the hard drive that needs replacing, but I won't be able to use the PC unless it has an operating system. I bought it with an operating system so surely it should be returned to me with one installed.
Thank you
Can the retailer really do this? When I bought the laptop from them it had a fully functional copy of W10 installed. I accept that the W10 may be on the hard drive that needs replacing, but I won't be able to use the PC unless it has an operating system. I bought it with an operating system so surely it should be returned to me with one installed.
Thank you
Answers
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A warranty is legally a 'gift' from the manufacturer (or retailer). As such, it can be as generous or restrictive as the provider of that warranty cares to make it. For example, it's perfectly legal for the provider of a warranty to state that they'll only repair your purchase if you return it personally to the Chinese factory where it was made at 3am on a Sunday, while standing stark naked and singing the Albanian national anthem backwards.
So if the warranty you've been given excludes the reinstallation of Windows there's absolutely nothing you can do about it. (The retailer and/or manufacturer was never obliged to offer you any form of warranty anyway).
However a warranty is completely separate to your STATUTORY RIGHTS, which might well be relevant here. Under those rights a retailer is obliged to repair or replace a product which goes wrong DUE TO AN INHERENT FAULT, possibly for up to 6 years from the date of purchase.
An 'inherent fault' is something which was actually wrong with the product when you bought it, such as the use of poor quality components or poor workmanship. (So if your PC has developed problems due to having a hard drive which wasn't up to the job you'll be covered. However if the problems relate to software which was installed after you bought the PC, or to a virus, then you won't be covered).
If a problem develops within the FIRST 6 MONTHS after purchase then the law automatically assumes that it must be due to an inherent fault. You simply need to tell the retailer that, for example, your hard drive has failed and he must replace it, ensuring that he doesn't leave you disadvantaged because of the problem. (i.e. he must refund any carriage costs you incur and must reinstall Windows).
AFTER 6 MONTHS the retailer still remains obliged to repair or replace an item which has developed a problem due to an inherent fault (without you being left at a disadvantage) but there's no longer an automatic assumption that it was such a fault which caused the problem. (i.e. the retailer can refuse to repair/replace the item unless you get an independent report to show that an inherent fault was to blame for its failure).
http://
So if the warranty you've been given excludes the reinstallation of Windows there's absolutely nothing you can do about it. (The retailer and/or manufacturer was never obliged to offer you any form of warranty anyway).
However a warranty is completely separate to your STATUTORY RIGHTS, which might well be relevant here. Under those rights a retailer is obliged to repair or replace a product which goes wrong DUE TO AN INHERENT FAULT, possibly for up to 6 years from the date of purchase.
An 'inherent fault' is something which was actually wrong with the product when you bought it, such as the use of poor quality components or poor workmanship. (So if your PC has developed problems due to having a hard drive which wasn't up to the job you'll be covered. However if the problems relate to software which was installed after you bought the PC, or to a virus, then you won't be covered).
If a problem develops within the FIRST 6 MONTHS after purchase then the law automatically assumes that it must be due to an inherent fault. You simply need to tell the retailer that, for example, your hard drive has failed and he must replace it, ensuring that he doesn't leave you disadvantaged because of the problem. (i.e. he must refund any carriage costs you incur and must reinstall Windows).
AFTER 6 MONTHS the retailer still remains obliged to repair or replace an item which has developed a problem due to an inherent fault (without you being left at a disadvantage) but there's no longer an automatic assumption that it was such a fault which caused the problem. (i.e. the retailer can refuse to repair/replace the item unless you get an independent report to show that an inherent fault was to blame for its failure).
http://
or example, it's perfectly legal for the provider of a warranty to state that they'll only repair your purchase if you return it personally to the Chinese factory where it was made at 3am on a Sunday, while standing stark naked and singing the Albanian national anthem backwards.
Tell me about it. My problem was that the Albanian national anthem looks the same forwards as backwards.
Tell me about it. My problem was that the Albanian national anthem looks the same forwards as backwards.
it has been quite a long time since warranties which were crap could replace rights under consumer legislation
so if they try it
then claim/ reclaim under the relevant consumer legislation
the act which should undo the warranty exclusion is Unfair Contract Terms Act
the rights under legislation is Sale of Goods Act 1893 as replaced ( 1998 I think )
and you may be protected under the credit card legislation ( consumer credit act 1973 as amended )
well that is a start anyway
apolz if I duplicated BC's cont
Oh BC - thx - installed a free version of 'Recuva'
blimey it is pretty wicked !
so if they try it
then claim/ reclaim under the relevant consumer legislation
the act which should undo the warranty exclusion is Unfair Contract Terms Act
the rights under legislation is Sale of Goods Act 1893 as replaced ( 1998 I think )
and you may be protected under the credit card legislation ( consumer credit act 1973 as amended )
well that is a start anyway
apolz if I duplicated BC's cont
Oh BC - thx - installed a free version of 'Recuva'
blimey it is pretty wicked !
Thank you all for your help. It's been very useful and will give me something to discuss with them on the phone before I send it back.
Chris, could I ask if you think that the operating system fall within the category of what is referred to as Digital Content in the Which? link you provided? It seems to me that it does but I'm not sure.
The extended warranty on the PC expires in July this year and the warranty was for an additional warranty was for a further two years after the expiry of the first year.
Chris, could I ask if you think that the operating system fall within the category of what is referred to as Digital Content in the Which? link you provided? It seems to me that it does but I'm not sure.
The extended warranty on the PC expires in July this year and the warranty was for an additional warranty was for a further two years after the expiry of the first year.
I'm confident that 'digital content' is covered but you'd find it hard to prove that there was something wrong with the original installation of Windows if it's been working well for 2½ years. Further, if there was a problem with the Windows installation, that wouldn't justify removing the hard drive!
What's actually wrong with the computer?
What's actually wrong with the computer?
Sorry Chris, didn't see your post before I posted! The login box doesn't appear on the splash screen so I can't log in and can't get to the desktop. The repair options on pressing F3 don't work. System restore via F3 was showing restore points that I could be tried but at the conclusion of the restore, the PC said restore had not worked. Now I can start the system restore process, but a warning comes up that no system restore points can be found.
In addition, safe mode does not work either.
Everything seems to point to hard drive failure as far as I can see. The W10 was preinstalled with no discs supplied and there's no trace of a licence key on the PC.
I don't know how I'm going to be able to get the PC up and running like this if it's returned without an OS.
Everything seems to point to hard drive failure as far as I can see. The W10 was preinstalled with no discs supplied and there's no trace of a licence key on the PC.
I don't know how I'm going to be able to get the PC up and running like this if it's returned without an OS.
There's nothing in your post (which I now recognise from an earlier thread) to suggest that there's anything wrong with your hard drive. Removing it won't make anything better and reformatting it will only prepare it for a new installation of Windows. (Expensive!). See below for a possible solution instead:
You've obviously got access to a working computer, otherwise you wouldn't be posting here. If that computer has a DVD writer (or re-writer) download this file and burn it to a DVD:
https:/
(If you computer hasn't got a suitable drive, ask a friend to do it for you). Don't worry about the licence key referred to on that page; you only need it for a new installation of Windows 10, not to repair it.
Boot up the dodgy PC and look for an instruction on the screen (which is usually only there for a second or two) telling you how to access its BIOS. That varies from computer to computer but some suggestions are here:
http://
(You might find that, by the time you've read the message, it's too late to press the correct key. Don't worry; simply reboot your computer - by disconnecting the power if necessary, to turn it off - and then press the key on a second attempt.
Once you've got into the BIOS screen, open your PC's DVD drawer and insert the DVD which you created earlier.
Next, boot your computer from the DVD. (NB: When working with the BIOS your mouse won't work. All actions are accomplished by using the arrow keys, plus 'Enter' to accept an option and 'Esc' to get outr of where you are). You can see how to do that in this video, which also tells you how to proceed from there:
You've obviously got access to a working computer, otherwise you wouldn't be posting here. If that computer has a DVD writer (or re-writer) download this file and burn it to a DVD:
https:/
(If you computer hasn't got a suitable drive, ask a friend to do it for you). Don't worry about the licence key referred to on that page; you only need it for a new installation of Windows 10, not to repair it.
Boot up the dodgy PC and look for an instruction on the screen (which is usually only there for a second or two) telling you how to access its BIOS. That varies from computer to computer but some suggestions are here:
http://
(You might find that, by the time you've read the message, it's too late to press the correct key. Don't worry; simply reboot your computer - by disconnecting the power if necessary, to turn it off - and then press the key on a second attempt.
Once you've got into the BIOS screen, open your PC's DVD drawer and insert the DVD which you created earlier.
Next, boot your computer from the DVD. (NB: When working with the BIOS your mouse won't work. All actions are accomplished by using the arrow keys, plus 'Enter' to accept an option and 'Esc' to get outr of where you are). You can see how to do that in this video, which also tells you how to proceed from there:
Chris, sorry I'm confused. Can you take me through the steps I need to take on the link you provided. Yes, I'm using a laptop to post on here, but after downloading the tool, a window appears asking me if I want to make changes to this computer! It's the other computer that's faulty. Do I download it to a key? How do I do that? Sorry for being so stupid.
Now I'm[ confused!
From my Microsoft link above, click 'Download tool now'. SAVE the file to your hard rive. (DON'T run it). Burn it to a DVD. Proceed as above.
I think that will work but, as I've never had to use it myself, I can't be sure!
If it doesn't work, see if you can borrow a copy of Windows 10 and try the same thing again.
From my Microsoft link above, click 'Download tool now'. SAVE the file to your hard rive. (DON'T run it). Burn it to a DVD. Proceed as above.
I think that will work but, as I've never had to use it myself, I can't be sure!
If it doesn't work, see if you can borrow a copy of Windows 10 and try the same thing again.
I'm getting worried about my own answers now!
The file size of the download I've pointed you to simply doesn't seem big enough to me. An alternative/better solution might be to get hold of a USB pen drive which is either blank or where you no longer need anything on it (because you're about to wipe it). A 32Gb drive should be big enough. (I seem to recall that 16Gb will do but I'm not sure, so 32Gb would be safer). Then find a friend with Windows 10 and create a recovery drive using his/her computer:
https:/
From there on, follow my instructions above (about getting into the BIOS) but insert the USB drive instead of a DVD and boot from that USB drive.
BTW: The very first thing which you're meant to do with any new computer (according to 'good practice') is to create a recovery drive for it but I plead guilty to still having it on my 'to do' list for my own computers ;-)
The file size of the download I've pointed you to simply doesn't seem big enough to me. An alternative/better solution might be to get hold of a USB pen drive which is either blank or where you no longer need anything on it (because you're about to wipe it). A 32Gb drive should be big enough. (I seem to recall that 16Gb will do but I'm not sure, so 32Gb would be safer). Then find a friend with Windows 10 and create a recovery drive using his/her computer:
https:/
From there on, follow my instructions above (about getting into the BIOS) but insert the USB drive instead of a DVD and boot from that USB drive.
BTW: The very first thing which you're meant to do with any new computer (according to 'good practice') is to create a recovery drive for it but I plead guilty to still having it on my 'to do' list for my own computers ;-)
My apologies Chris for creating all this head-scratching. It's a nightmare.
I obviously can't look at the link you provided in your last post on the faulty device, so I've run through the initial steps on a laptop. Before the process begins, a window appears giving the option to back up system files as well during the process and there's a box allowing me to say yea or nay to that. As I see it, I don't need that option as the system files will be different from the ones on the dodgy computer. Is that right?
I obviously can't look at the link you provided in your last post on the faulty device, so I've run through the initial steps on a laptop. Before the process begins, a window appears giving the option to back up system files as well during the process and there's a box allowing me to say yea or nay to that. As I see it, I don't need that option as the system files will be different from the ones on the dodgy computer. Is that right?
You're seeking to make a bootable disk (or USB drive) which you use in your duff computer. You shouldn't need to run anything from it on any other computer. Once you've made it and got it into the correct (duff) computer, simply follow the instructions (accepting any offers to create back-ups).
Remember that you WON'T be running the files from the existing (dodgy) version of Windows. You'll be accessing your computer via its BIOS and then running a special 'repair' version of Windows directly from the USB stick (or whatever).
Remember that you WON'T be running the files from the existing (dodgy) version of Windows. You'll be accessing your computer via its BIOS and then running a special 'repair' version of Windows directly from the USB stick (or whatever).
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