lemoncomputer
New Member
- Jurisdiction
- California
Summary: Lemon laptop. 5 months (and counting) without a computer. Manufacturer gives runaround. What are my remedies in court under the California lemon law and other laws?
New laptop failed repair 3 times for significant motherboard defect.
After 30 days of back and forth repairs, It is now clear that every motherboard has this defect, so I ask for a different model laptop as a replacement.
This is where the games begin. I believe the manufacturer wants to protect their bottom line by sending whatever they have in their used parts bin.
First, they offered a laptop that was huge and heavy. It was a huge 17" laptop that was significantly larger and thicker and twice as heavy (9 pounds without power brick) as my 15" thin and light aluminum laptop. This was unacceptable, and not industry standard practice, where weight and size are taken into account. So I decline, and suggest the exact model I want, which is the closest to mine in terms of specs, to be fair.
2 weeks later, their second offer was not the model I asked for.
It was a 15" laptop, but missing several significant features I had in my laptop, such as the premium "IPS" lcd screen and Thunderbolt 3 port. These are more expensive features only found on premium laptops like mine. Their offer had a cheap "TN" screen with washed out colors, shifting colors, and bad viewing angles. I have to look at that screen everyday.
The warranty states that replacements will be New or refurbished, equivalent or superior.
Again, as I did before, I decline the offer, and suggest the model I want with the closest specs to mine.
Now they go silent, and ignore me for one month.
I email customer service for an answer, they escalate the case, but they continue to ignore me.
In the 4th month of this drawn out case, I finally write a demand letter demanding replacement of the exact model I suggested before, and give them a week deadline to respond.
Low level customer service again passes on the information to the warranty dept, and they continue to ignore me.
I filed suit in small claims court.
Finally they respond almost one month after getting served.
Settlement negotiations aren't going well
Considering the time I've wasted driving around troubleshooting their failed repairs, and 5 months of lost warranty benefits as a result of their inaction, and being ignored by them for months....
it appears they have violated every facet of the California Lemon law, among other laws.
Now I'd really like to take them for damages.
Their warranty terms disclaim any responsibility for incidental and consequential damages.
Does the lemon law supersede this limitation and disclaimer?
I've read that the CA lemon law does not allow limitation on damages, so I may be able to claim damages.
I also read about my duty to mitigate. Can I buy a new laptop most similar to mine, and include the cost of the new laptop as damages?
Does implied warranty of merchantability and fitness allow me to buy a new laptop and sue for reimbursement?
I've read that the CA lemon law allows for a civil penalty for double damages when the manufacturer willfully violates the law. I think ignoring me for several months counts as a willful violation.
But can a small claims judge award such a penalty?
I am confused about what I can and cannot claim. I clearly have monetary loss, but it's hard to sufficiently quantify, and I'd like to lump everything into whatever damages and penalties I can get.
And just for reference, here's a case where someone sued HP in California for over double what he paid for his laptop, and won. Refer to the last two pages of this pdf...
http://www.voidthevoid.com/lawsuitpdf/HPsmallclaimguide.pdf
I believe this is outrageous behavior, and would like to see a similar outcome to my lawsuit.
New laptop failed repair 3 times for significant motherboard defect.
After 30 days of back and forth repairs, It is now clear that every motherboard has this defect, so I ask for a different model laptop as a replacement.
This is where the games begin. I believe the manufacturer wants to protect their bottom line by sending whatever they have in their used parts bin.
First, they offered a laptop that was huge and heavy. It was a huge 17" laptop that was significantly larger and thicker and twice as heavy (9 pounds without power brick) as my 15" thin and light aluminum laptop. This was unacceptable, and not industry standard practice, where weight and size are taken into account. So I decline, and suggest the exact model I want, which is the closest to mine in terms of specs, to be fair.
2 weeks later, their second offer was not the model I asked for.
It was a 15" laptop, but missing several significant features I had in my laptop, such as the premium "IPS" lcd screen and Thunderbolt 3 port. These are more expensive features only found on premium laptops like mine. Their offer had a cheap "TN" screen with washed out colors, shifting colors, and bad viewing angles. I have to look at that screen everyday.
The warranty states that replacements will be New or refurbished, equivalent or superior.
Again, as I did before, I decline the offer, and suggest the model I want with the closest specs to mine.
Now they go silent, and ignore me for one month.
I email customer service for an answer, they escalate the case, but they continue to ignore me.
In the 4th month of this drawn out case, I finally write a demand letter demanding replacement of the exact model I suggested before, and give them a week deadline to respond.
Low level customer service again passes on the information to the warranty dept, and they continue to ignore me.
I filed suit in small claims court.
Finally they respond almost one month after getting served.
Settlement negotiations aren't going well
Considering the time I've wasted driving around troubleshooting their failed repairs, and 5 months of lost warranty benefits as a result of their inaction, and being ignored by them for months....
it appears they have violated every facet of the California Lemon law, among other laws.
Now I'd really like to take them for damages.
Their warranty terms disclaim any responsibility for incidental and consequential damages.
Does the lemon law supersede this limitation and disclaimer?
I've read that the CA lemon law does not allow limitation on damages, so I may be able to claim damages.
I also read about my duty to mitigate. Can I buy a new laptop most similar to mine, and include the cost of the new laptop as damages?
Does implied warranty of merchantability and fitness allow me to buy a new laptop and sue for reimbursement?
I've read that the CA lemon law allows for a civil penalty for double damages when the manufacturer willfully violates the law. I think ignoring me for several months counts as a willful violation.
But can a small claims judge award such a penalty?
I am confused about what I can and cannot claim. I clearly have monetary loss, but it's hard to sufficiently quantify, and I'd like to lump everything into whatever damages and penalties I can get.
And just for reference, here's a case where someone sued HP in California for over double what he paid for his laptop, and won. Refer to the last two pages of this pdf...
http://www.voidthevoid.com/lawsuitpdf/HPsmallclaimguide.pdf
I believe this is outrageous behavior, and would like to see a similar outcome to my lawsuit.
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