Acadia opened this issue on Apr 19, 2006 · 79 posts
Acadia posted Thu, 11 January 2007 at 11:51 AM
Quote - Acadia - in the states we have what's called the Uniform Commercial Code. It covers all commercial transactions if one of the parties is/was a dealer and the goods cost over $500.00. There are two warranty provisions, (i) warranty for fitness for particular purpose, and (ii) warranty of merechantability. The former guarantees that the goods will do what they were bought to do. It can last for a long time (lifetime). Canada must have a similar law. There are also options of rejecting non-conforming goods and costs of "cover" (getting a replacement) where there are latent (hidden) defects. You really should see a lawyer. "Never negotiate from a position of weakness." *Testicles.
*Cheers, Frisketus
Thanks for the advice, and it is good advice. Deep in my gut I still think I'm right about this issue and that the motherboard should be replaced under full warranty. The computer might have been 3 years and 5 months old, but it was only used for 18 months!
However, I've been off work sick since summer of 2004 and have my hands full with the stressors of doctors and tests and just the efforts of managing day-to-day. I can't stomach the thought of lawsuits and courts right now, nor the expenses of it. Granted my former boss would probably take on the case free, or at a discounted price, but it would still cost me money for filing fees etc that I can't really spare, not to mention the stress of it all. Plus unless I was suing for the recovery of the full cost of what I paid, the matter falls into small claims court and that would require even more effort on my part from filing to serving to appearing etc. I get stressed out just thinking about it.
Another time if I felt well enough I wouldn't have been defeated so easily or have allowed Dell to push me around like they did, but currently it's a whole different situation. I just don't feel physically well enough to take on a titan corporation.
I'm chaulking it up to one really bad and really, really expensive learning experience and am taking the knowledge of what I gained with me so that I don't get burned again.
"It is good to see ourselves as
others see us. Try as we may, we are never
able to know ourselves fully as we
are, especially the evil side of us.
This we can do only if we are not
angry with our critics but will take in good
heart whatever they might have to
say." - Ghandi