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Need to prove manufacturing defect

Discussion in 'Laptops' started by Romanise, Mar 16, 2006.

  1. Romanise

    Romanise Guest

    This is a sequel to thread "Toshiba laptop plastic fault" started on
    27-02-06 comp.sys.laptops. It read "On my Satellite P20 suddenly I
    noticed 2" crack on backside of monitorflap near the hinges. I see no
    good reason for this crack except materal fatigue of the plastic.
    Anyone with similar experience."

    I appreciated Barry Watzman's followup.

    A semi legal advice says I need a written certification from "expert"
    that material, too tight hinges, caused the crack and not any abuse
    from the user. On the thread I stated "In fact since I have bought it
    over 19 months back I have not taken it out to anywhere for more than 3
    times, last time being 8 months back. I use it as desktopPC and there
    is no child in the house who would sit on the machine. Yes every time I
    use it I open the lid and then shut it tight so keyboard does not
    collect any fine dust. This can happen 3 times during the day."

    I have taken the laptop to Dealer's Service Centre that is authorised
    Toshiba Service Centre.
    First time I took it there dealer used my laptop as pad to write a note
    on it. I did tell him that I never use my laptop as support to write
    Second time I took it there he said the crack is due to stress of
    opening and closing of the lid that functions as monitor.

    I have written to the Dealer+Service Centre to give me in writing what
    he said orally to me.

    Will appreciate any advice, comment on this issue.

    I am prepared to spend to some time to get Toshiba own up.

    I have extended warrenty on the laptop upto 26-06-07, having bought it
    on 27-06-04.

    Romanise, Mar 16, 2006
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  2. Romanise

    Quaoar Guest

    The subject of product defects is the sad and dirty story of notebook
    computers, the dictatorial provisions of warranties, and the deliberate
    failure of vendors to stand behind their failed products. I am at a
    loss to find another consumer product that has so few consumer
    protections from abject failure to perform as does the notebook computer.

    For what it's worth, I've had exceptional responses from Toshiba's U.S.
    service centers for warranty repairs/replacements even when it is
    obvious that some user abuse was part of the failure. My target of
    choice would be Sony who have up front, deliberately, failed to respond
    to significant failures in complete lines of their notebook computers.

    Frankly, I think that the only way that a case for failure to perform,
    fraud, etc., can be prosecuted is if the notebook computer were
    purchased and tested with a verifiable chain of evidence and by
    qualified testing personnel, i.e., institutions like Underwriters
    Laboratories, Southwest Research Institute, and the like. Consumers
    Union might work.

    As an individual, there are far too many unknowns in the usage history
    to make a case. About all that I would think might have some value is a
    complaint to your jurisdictional trade regulator like the Federal Trade
    Commission in the US. Your warranty might reveal that you have
    putatively agreed to restriction of your rights to pursue a case in court.

    For the price of complete replacement I doubt that you could afford the
    services of a *reputable* attorney to help press your claim. The
    vendors know this and they are not worried.

    Quaoar, Mar 17, 2006
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