News 

A timely reminder of this issue came recently from Repair-Line, the contractor that handled repairs for PC companies including Mesh and Medion. Consumers have complained that neither Repair-Line nor the manufacturer is willing to fix their computers, although Mesh has told PC Pro it will honour all warranty contracts with a new support company. But in the fragile UK computer market these situations crop up with depressing regularity.

Evesham Technology went into administration, with the new owners of the Evesham brand selling support from a completely different third-party company. How can consumers protect themselves?

A warranty is only as good as the company responsible for it, and it would be simpler if each vendor or manufacturer had its own support network rather than passing on the job. "It's impossible for PC companies to do the servicing themselves," said a spokesperson for Mesh.

"It just isn't cost effective because you need technicians and admin staff all around the country even some tier-one vendors can't do it." However, the spokesperson accepted the situation could leave consumers exposed to shabby service. "It's very difficult to offer any sort of guarantees with a service company," he said. "Because if they mess it up it reflects badly on us, but we can't do it ourselves."

Loopholes in the law

Fortunately, there are consumer protection laws designed to help, regardless of whether you've paid extra for a warranty, or even if it has expired. "You don't actually need a warranty at all, as goods sold must be of satisfactory quality and durable, so you can expect them to last a reasonable period of time," said Joanne Lezemore, senior solicitor with Which? Legal Service.

"If they fail, even if a warranty was given and expired, you may still have rights against the vendor under the Sale of Goods Act 1979."

Sadly, the process requires a level of hoop jumping that makes Flipper look docile. First, you have to convince the retailer

ADVERTISEMENT

that it's responsible.

Although the Citizen's Advice Bureau says "you always have a claim against a retailer, and have the right to ask for a repair or replacement," vendors often fob off consumers with tales that the manufacturer should take responsibility. "Stand your ground," advises Consumers Direct, a Government advice service.

The good news is that the Sales of Goods Act applies for up to six years after the sale, but it's undermined by the fact that it only covers items that have failed to last a "reasonable period", whatever that might be. How long should a computer last? How long is a piece of string?

While the Radio, Electrical and Television Retailers' Association lists life expectancy for most consumer electronics, computers are deemed "too varied and complicated" for a life-expectancy rating, so any claim is open to intense debate.

"There's no definition of how long a 'reasonable period' is," said a spokesperson for the Citizen's Advice Bureau. "You'll need to argue that in your opinion the item should reasonably have lasted longer. This may depend in part on individual usage, such as how many people use the machine."

Burden of proof

The situation is further complicated by a burden of proof regarding whether the fault existed when the computer was sold. If a machine breaks down within six months, it's assumed the problem existed when the machine was sold and the retailer is obliged to offer a repair or replacement. After that, it's up to you to prove the fault existed when you bought the hardware, which is virtually impossible.

"If the retailer doesn't accept that the component was faulty, you may need to commission an independent report," said Lezemore. "Ideally, both sides would agree to this and youd split the cost." It's a suggestion that was laughed out of sight when we posed it to two retailers on London's computing hub, Tottenham Court Road.

Would customers be taken more seriously with an extended warranty? Possibly, but there's no guarantee. "Each warranty entered into has to be considered on what's being offered - they're not all as comprehensive as consumers might think," said Lezemore.

So next time you buy a computer, should you take your chances with wobbly warranties or rely on consumer law? That's an increasingly difficult judgement call, but one thing you must ascertain is who that warranty is actually with.

Does that offer of extra cover come from the PC manufacturer itself or a third-party support firm? It's critical to know exactly who - and what - you're dealing with.