Consumer Rights Protection Express| Dell computer warranty period has not been repaired many times, and the surging intervention has been replaced

Recently, Mr. Yuan of Shanghai reported to the surging quality report complaint platform (https://tousu.thepaper.cn) that he spent 13,999 yuan on May 29, 2020 to buy a Dell laptop, and after a year and a half of use, the computer began to malfunction from November 19, 2021. Mr. Yuan said that Dell's after-sales department has repaired its own computer 4 times, not only did not troubleshoot, but also "forged" the repair results that it recognized that the computer failure had been solved. After several unsuccessful repairs, he proposed to Dell that the replacement machine be rejected.

On December 8, The Paper received a complaint from Mr. Yuan about his involvement in the matter, and on December 13, Dell responded that it had replaced a new computer for Mr. Yuan, and the two sides reached an agreement.

Consumer Complaints:

Mr. Yuan said that on May 29, 2020, he spent 13,999 yuan to buy a Dell laptop, but after nearly a year and a half of use, the computer began to malfunction on November 19, 2021, and the monitor black screen could not enter the system.

Mr. Yuan said that because the computer was still under warranty when it failed, he contacted Dell's official after-sales service to reflect the matter. After the repairman inspected the machine, he was told that the computer was due to a system problem, but the maintenance man said that he could not reinstall the system after trying to operate it, and then arranged for a replacement hard drive for the computer.

Mr. Yuan said that except for the first "reinstallation system" Dell company did not issue a maintenance order, other repairs have been recorded as evidence. Three repair reports he provided showed that Dell provided repair services on November 22, 24, and 30, respectively.

However, four consecutive repairs failed to troubleshoot the computer and even caused new problems. Mr. Yuan said that after the maintenance personnel replaced the hard disk for the computer, they still could not enter the computer system, and then judged that the motherboard was malfunctioning; then the technician replaced the motherboard of the computer in the 3rd maintenance, but the keyboard light and eye tracker failed again; in the 4th maintenance, the motherboard of Mr. Yuan's computer keyboard was replaced again, but the keyboard light could not be used, and the speaker was also abnormal.

Mr. Yuan said that this 4 consecutive repairs exhausted his patience, and has not solved the problem, he hopes that Dell can replace the machine for himself according to the country's "three guarantees" regulations, but this appeal was rejected by Dell on the grounds that it "does not meet the company's return and replacement policy".

What made Mr. Yuan even more angry was that he found that Dell had forged the repair results that he had agreed that the computer failure had been resolved. Mr. Yuan said that because the fourth repair had not successfully eliminated the computer failure, he did not sign the repair report, but the system showed that "the problem has been solved". He had sent an email questioning this, but the email had not received any response.

Mr. Yuan did not sign to confirm but showed "Problem solved"

Corporate Response:

On December 8, The Paper contacted Dell about the matter. A staff member said that the details would be verified, but did not disclose the details of mr. Yuan's computer repair and related problems encountered.

On December 13, Dell responded that it was understood that Mr. Yuan did not meet the scope of application of the corresponding return and replacement policy, but out of user care, he had applied for a "special replacement" for Mr. Yuan, and then a new machine would be mailed, but the warranty time of the new machine still continued the remaining warranty length of the old machine, and the two sides agreed on this treatment plan.

What the lawyer says:

Fu Na, a lawyer at Beijing Jingshi (Shanghai) Law Firm, believes that if the product meets the conditions of three guarantees, the merchant should bear the responsibility of the three guarantees.

The Regulations on Industrial Product Quality Liability, the Product Quality Law and the Consumer Rights and Interests Protection Law clearly stipulate that the producers and sellers of products bear the responsibility of "three guarantees" for the products sold, and when the products sold do not meet the requirements of the regulations, they should be responsible for "repair, replacement and return; consumers who buy products should compensate for losses", that is, the so-called "three guarantees". According to article 24 of the latest version of the Law on the Protection of The Rights and Interests of Consumers, if the goods or services provided by business operators do not meet the quality requirements, consumers may return them in accordance with national regulations or the agreement of the parties, or require business operators to perform obligations such as replacement and repair.

Fu Na said that according to article 13 of the "Provisions on the Responsibility for repair and replacement of microcomputer goods", during the validity period of the three guarantees of the whole machine, if the computer host and peripheral goods purchased by consumers have the performance failure listed in the "Microcomputer Commodity Performance Failure Table", after two repairs, they still cannot be used normally, with the repair records provided by the repairer, the seller is responsible for exchanging the goods of the same model and specifications for the consumer free of charge; if the products of the same model and specifications are discontinued, the same brand goods that are not lower than the performance of the original products shall be exchanged.