[comp.sys.ibm.pc] Dealer won't honor warranty!

claus@CS.UCLA.EDU (06/21/88)

I purchased an AT clone with a Seagate 4051 about 18 months ago. The system
came with a 2 year warranty. It looks like my hard disk may be trashed in
some way, my dealer has told me that he would not replace the hard disk if
it were found faulty (by him). I asked him for his reasons and he said:
"It's been so long, and you've been in it and I've been in it..."
He seems to have this attitude that if I do so much as open the box I have
put my warranty in jeopardy. I've done nothing but install cards, set a few
jumpers (necessary), and once I removed the diskette drive with his knowledge
and consent to send it to him for repair.

My question is this:

Can such actions as a user opening the machine to install/remove cards, or
the removal and reinstallation of a floppy disk drive be construed as
"unauthorized service"?  The dealers warrany has a very standard wording and
doesn't mention any of these actions specifically.

I may have to go to the mat over this one and I would appreciate any insight
anyone might be able to provide.

Thanks in advance

Claus Giloi

[[[  Claus Giloi  ]]]

anderson@vms.macc.wisc.edu (Jess Anderson) (06/21/88)

In article <13718@shemp.CS.UCLA.EDU>, claus@CS.UCLA.EDU writes...
 
]I purchased an AT clone with a Seagate 4051 about 18 months ago. The system
]came with a 2 year warranty. It looks like my hard disk may be trashed in
]some way, my dealer has told me that he would not replace the hard disk if
]it were found faulty (by him). I asked him for his reasons and he said:
]"It's been so long, and you've been in it and I've been in it..."
]He seems to have this attitude that if I do so much as open the box I have
]put my warranty in jeopardy. I've done nothing but install cards, set a few
]jumpers (necessary), and once I removed the diskette drive with his knowledge
]and consent to send it to him for repair.
] 
]My question is this:
] 
]Can such actions as a user opening the machine to install/remove cards, or
]the removal and reinstallation of a floppy disk drive be construed as
]"unauthorized service"?  The dealers warrany has a very standard wording and
]doesn't mention any of these actions specifically.
 
I'd like to hear who your dealer is.  I've never had any problem with
the three machines I've bought, but I'd like to be well-armed *if* ...

==Jess Anderson======(home:)========INTERNET: anderson@vms.macc.wisc.edu====
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dlm@codas.att.com (Don_Million) (06/22/88)

In article <13718@shemp.CS.UCLA.EDU>, claus@CS.UCLA.EDU writes:
> 
> Can such actions as a user opening the machine to install/remove cards, or
> the removal and reinstallation of a floppy disk drive be construed as
> "unauthorized service"?

Virtually everyone I know who has a PC has added a card at one time or
another.  I don't see how this could be construed as anything but normal
use.

Don Million

rps@homxc.UUCP (R.SHARPLES) (06/23/88)

In article <13718@shemp.CS.UCLA.EDU>, claus@CS.UCLA.EDU writes:
> 
> I purchased an AT clone with a Seagate 4051 about 18 months ago. The system
> came with a 2 year warranty. It looks like my hard disk may be trashed in
> some way, my dealer has told me that he would not replace the hard disk if
> it were found faulty (by him). I asked him for his reasons and he said:
> "It's been so long, and you've been in it and I've been in it..."
...
> Can such actions as a user opening the machine to install/remove cards, or
> the removal and reinstallation of a floppy disk drive be construed as
> "unauthorized service"?  The dealers warrany has a very standard wording and
> doesn't mention any of these actions specifically.

In small claims court the dealer would have to demonstrate that your actions
in opening the device were, or could reasonably be suspected to be, the cause
of the failure.  If the dealer cannot demonstrate this, then the dealer must
honor the warranty.  This holds true no matter how the warranty is worded.  For
example: a new car warranty forbids the owner from working on any of the 
covered items.  If you change the alternator belt under warranty and then the
transmission fails, the dealer will be hard pressed to show how your changing
the alternator belt caused the transmission to fail.  However, if the
alternator bearings wear out because the belt is too tight, the dealer could
blame you for putting the belt on to tight.  

Depending on the nature of the hardisk failure, I doubt very much the dealer
can avoid fixing it under warranty.

Russ Sharples
homxc!rps

NOTE:

The above in NO WAY reflects the opinions of AT&T.
These opinions are my own and the results of un-scientific and 
highly irregular analysis methods.

john@prism.TMC.COM (06/24/88)

I ran into a situation like this some time ago.  I called the manufacturer, 
who was *very* interested in how I was being treated.  They took all the 
information from me and called the dealer, and explained to him how to 
behave like a decent human being.  When I called the dealer again, he 
was *very* nice and helpful.  

I'm not saying you will have the same luck I did, but you might try 
this route.  Hard disk units are *sealed*.  Unless you have broken 
the seal I think the dealer has to honor the warrenty.  The business 
about getting into the box is totally bogus.  I think if you let him 
know that you know better, and threaten to call the better business bureau, 
etc. that he will get more cooperative.    

----
JOHN DOWD	john@mirror.TMC.COM
{mit-eddie, ihnp4, harvard!wjh12, cca, cbosgd, seismo}!mirror!john
Mirror Systems	Cambridge, MA  02140

johnm@trsvax.UUCP (06/24/88)

Most of the manuals that I've seen for perepherals that came directly from the
manufacturer (e.g. an Commodore Hard Disk Controller card for an Commodore 
machine, is my most recent example) specifically state that putting new
equipment in doesn't violate the warranty UNLESS you do not follow their
instructions to the letter or you install it incorrectly.  The person to deal
with in this case is the original equipment manufacturer, one call to them
explaining the problem and giving them the name of the dealer should "fix up"
your problem (ahem).

John Munsch