Reseller warranty policy on batteries

Hi everybody !

I'm actually having my laptop fixed from a Clevo reseller, and I'm having a little question with it.

Indeed, my battery already in a quite bad state, showing 40% of wear level after 18 months of use.

The main thing is that I bought a 3 year warranty from my reseller, and now when I ask them to fix it, they answered that the batteries were only covered by a 1 year warranty...

I can understand this policy, because I know that batteries are something like the weak point of everything, BUT (and this is the most important) my reseller doesn't mention ANYWHERE this exception in the warranty.

Stated in their Terms and Coniditions, I am covered with "3 years warranty on ALL parts and labour". Not only one word about the batteries in their T&C's or when you order the product...

So, here is my question : CAN my reseller REALLY refuse to fix my battery problem ?

P.S. I would like to avoid saying who is this specific reseller, because until now I had no problem with them (but I didn't had to try their support too, I only bought from them...)
P.P.S I'm not a native english speaker, so sorry for my bad writing

 

If there are limitations in coverage, then they should be outlined in the contract. Something like this:

3. Limited Warranty Obligations are Limited to the Terms Set Forth Below:

BATTERIES, AC ADAPTERS AND EXTERNAL ACCESSORIES (SUCH AS EXTERNAL DISK DRIVES, CAR ADAPTERS ETC.) SHALL BE CLASSIFIED AS CONSUMABLE PARTS. THE WARRANTY PERIOD FOR BATTERIES AND AC ADAPTERS IS LIMITED TO ONE (1) YEAR FROM THE DATE OF ORIGINAL RETAIL PURCHASE.

 

This is the part about warranty in their T&C's :

(mine is 3 years)

And in the "Service" clause :

I don't see anything related to battery anywhere...

 

Simply ask them where in the warranty does it state that batteries are only covered for a maximum of one year and see what they say.

 

I am curious to know what reseller you have though, we know you are not bashing them.

 

Hiya,

I dont know about which country you are from but in the UK batteries are considered consumer wear out parts in common law.

This basically means that they are warrantied usually for 6 months to ensure they are free from fault at point of sale but because a battery is so easy to ruin through bad practice, they can also be considered to be worn out rather then faulty. For example most batteries have a shelf life of charge cycles that can be shortend through misuse.

Most places offer a year on them though.

Again it depends what country you are from as I know that in the US the law is different and there is no distinction

Pman

 

I think you have a lot of misconceptions about what warranty are, in UK or everywhere else. First, there is a difference between legal and commercial warranty. in UK, legal warranty is the "Sale of Goods act", which ensures that goods are of satisfactory quality, and it runs for 6 years. I don't see any exclusion for batteries in it, but I read this on a legal forum :

HOW LONG IS MY LAPTOP BATTERY COVERED UNDER WARRANTY OR GUARANTEE - JustAnswer

Then, and it's the MOST important, you have the commercial warranty. This one comes ON TOP of legal warranty, and can cover more cases than the legal warranty (but not less). This is what I found :

Adviceguide from Citizens Advice

The warranty I'm referring to is the commercial warranty, which I bought from you and which is present in the order confirmation (so yes, it's in the contract of sale).

So yes, I believe that not fixing my battery would be a breach of contract according to the one I made with you by ordering, because your Terms and Conditions don't exclude it from your commercial warranty...

 

Firstly I didnt know that you were referring to us,

Also the batteries are not faulty, if you are the customer I think of then it has just worn out the same as any other battery as it no longer holds its full charge.

This is typical with any laptop and as such it falls under the Sales of Goods exemptions that a warranty is not applicable to any parts that can be reasonable assumed to wear out. They are considered Wear and Tear items under the sales of goods act and have a specific exemption.

This also applies to things like Tyres on cars, you wont get them replaced under warranty unless it is a faulty (Ie they explode) as well as brakes if they wear out, also on other things even down to light bulbs they expire after a set amount of use regardless of the warranty.

Regards

Pman

 

I know, but since you answered to me here and on Kobalt support 3 min after, it was logical to underline the link between both.

It seems that you are only reading what you want to, because I said :

I knew you could interprete the Sale of Goods acts this way (saying it's just Wear and Tears), that's why I said I'm covered by the COMMERCIAL warranty.

This one doesn't describe any exception for batteries, and has to be applied as is.

There is a reason why all other resellers and manufacturers of laptops/phones/everything with battery always states things like

Dell UK

Apple

http://uk.blackberry.com/legal/battery_warranty.jsp : Blackberry UK

Etc......

You just forgot to write this exception in your contract, which makes you legally obliged to take it under warranty as any other problem.

My goal here is not to be unkind, but to have my contract applied as I accepted it.

And yes, loosing near half of the battery life in 18 months of very cautious use (have a look at the lappy, it has always been treated with care) can be considered as a defect.

 

Hi,

Just to go over what you said, I now notice that you have quoted a section on our terms and conditions where by

"...the following are excluded from Service: items excluded from Warranty, changes to configuration, relocation, preventative maintenance, consumables..."

Then again with Apple

"...This warranty does not apply: (a) to consumable parts, such as batteries, unless damage has
occurred due to a defect in materials or workmanship;..."

Which is the same thing

A battery that looses its capacity for charge is not deemed as a defect or everything that has a battery in it within the UK would be returned for being defective!

I can not go further into this in public, As you said I have updated your ticket and we can continue there.


Regards

Pman

 

I'm sorry but it seems that you don't understand your own Terms and Conditions !

The article 7 over Warranty and the article 8 over Service are treating of a totally different thing.

So maybe my battery is not covered by your service, and sincirely I don't care about that.
But IT IS covered by your Warranty if you follow your terms and conditions, article 7...

On thing to make you understand that is :

This would have no sense if Service and Warranty were the same subject of agreement

P.S. I would not discuss further of this here if it's your wish but :
1 If I don't feel that all my rights were respected and all your duties were respected I will publicly write my disappointement, both here and in the french forum were I made a very good review of my G860 and your team (and I can guarantee that it has leaded some french members to order a Kobalt system)
2. I'm already quite upset with the level of service that Kobalt is providing in this affair, although I had a very good feeling with Neil and Andrew, I think that it has in some decreased over time, or with the management changes.

I also call legal experts of the forum to examine this case and tell what they are thinking of this matter.

 

Only point I wish to make is that you started your ticket on Saturday afternoon, the Monday was a bank holiday and was answered Wednesday and you had your laptop picked up by UPS on Friday after you confirmed your address.

I do not consider that to be a long response period.

Pman

 

Unfortunately when a Extended Warranty is purchased it is the same with most sellers that it does not extend the warranty of the AC Adapter or Battery. These are considered normal wear items.

 

Yeah, sorry for that, I always forget that Monday was holiday for you. I will correct this in my post, I want everything of what is said to be correct.
Although, you should recognize that you don't answer tickets @1am... But you do on the forum

I totally agree with you, this is the same with MOST seller, and you are the perfect example of what HAS to be done, as you state :

But Kobalt didn't add these lines in their T&C's, that's the problem.

Rgds