Legal Question in Technology Law in Tennessee

Computer companies and their warranties vs. the consumer

An associate of mine bought a compaq computer about 13 months ago(the extended warranty plan covers 15 months). He bought it from radio shack. Since he has had the computer, it has been serviced seven times. There has been no offer of a refund or a replacement computer being sent to him. Is there anything he could do legally in this matter to ensure he doesn't end up with a ''lemon'', such as calling the better business bureau?


Asked on 12/01/01, 9:12 pm

1 Answer from Attorneys

Bruce Burdick Burdick Law Firm

Re: Computer companies and their warranties vs. the consumer

The BBB does not make computers, so calling them will not prevent a lemon. Seven repairs suggests that the problem is the user not the manufacturer.

Your "associate" will have to deal with the computer company. It is not up to them to unilaterally offer a replacement, particularly if no one is asking, so it is irrelevant that no refund or replacement offer has been "sent to him". Insisting on a replacement is up to the customer.

The way to assure not getting a lemon is to lease the computer with included tech support. That way problems cost the supplier money and they will want to prevent trouble.

I use HP Extended Office, which is no longer offered, and the problems get solved yesterday, because they have a 90 second tech support response time guarantee and a one-day repair or replace guarantee. Those make the computer problems their problems, not mine.

So the solution is a business solution not a legal solution.

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Answered on 12/03/01, 2:54 am


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