Worth Taking Laptop Manufacturer to NCAT for ACL?

I have a gaming laptop that I spent $2.6k on three years ago that turned itself into a brick recently.

I have tried contacting the manufacturer, who said it would require a motherboard replacement, and that I would have to pay almost $2k for it. Mentioned ACL, said they'd waive labour and shipping costs, but I still had to pay for parts.

Made a complaint with NSW Fair Trading, manufacturer straight up lied to the representative saying that there was nothing wrong with my laptop, and the representative closed the case. I tried to get the laptop repaired by a 3rd party repair shop, but they said CPU was likely dead due to a design defect in the motherboard, and that it wasn't something they could fix.

Is it worth going to NCAT to try and get a free repair? Or should I give up?

Poll Options

  • 211
    NCAT
  • 38
    Cop the loss

Comments

        • +1

          below average priced laptop

          In the lenovo legion lineup, sure, but I'd argue that the legion line as a whole is probably above the price of how much an average person would spend on a laptop (most people aren't buying gaming laptops).

          Good luck though and if you do seek a remedy at the tribunal please keep us updated :)

          Will do, thanks for the help.

  • +4

    Spending $2.6k and the laptop turning into e-waste in three years is ridiculous.

    My gaming laptop which was mostly used for productivity purposes, lasted almost 4 years before I upgraded. All that was wrong was just general wear and tear (hinge broke, battery life terrible) but the laptop still worked. That laptop cost $1.5k before extended warranty.

    You should 100% NCAT.

    Was it a HP laptop? OMEN?

  • +1

    Doesn’t laptops have effective life of 2 years according to ato? It effective has 0 value post the 2 year mark.

    • +1

      Yes they do

  • If you go to VCAT and win, the manufacturer is ordered to replace or refund, they can always choose the refund the value ( - depreciation). So you could end up like with $500 for all your troubles…

    • +1

      It’s fully depreciated over 2 years according to ATO so refund - depreciation = 0?

  • Absolutely go to ncat. Yiu should expect a 2.6k laptop to last more than 3 yrs. Ncat will word u up or support u.

    • Where does that logic leave someone with a 4-5k macbook pro? (Serious question)

      • That should definitely last 3 years. Could easily argue 5.

  • never have much luck with gaming laptops especially the Acer nitro gaming series

    they all have motherboard issues causing black screen of death

  • I've had great luck with MacBooks, the battery will go long before the actual Mac. You should be able to count on a PC laptop in that price range to last more than three years too, but really after three years of heavy use, what is the laptop actually worth now if you wanted to sell it or buy another one just as old and was still working? Probably less than $1k yeah? Is it worth the effort, do you have the free time. You can just buy another one. It's not like the laptop maker killed your dog and you have a real need to get revenge. You can be made whole again for the price of a new laptop, which you'd have started thinking about in the next few years anyway.

  • +3

    Gaming laptops don't last 3 years.
    Heat, small fans, it never ends well

  • +1

    I'd research if there are known defects etc with the brand and model laptop, or motherboard, that has the problem. Could be easier to demonstrate to NCAT that the product is defective by design or manufacturing.

  • Escalate it and raise a complaint to Lenovo. And provide more evidence to ACCC.

  • ACL is based on how long a reasonable person would expect this product to last based on what it is and the price you paid for it.
    Get ready to prove why you think it's reasonable for this product to last this long, and back it up.
    You can't just say "A $3000 laptop should last longer than this", you're going to have to go in with some evidence.

    • i have a few 6-7 year old $600 lenovo yoga 11e laptops at the school i work at that are battered but still work. a $2600 laptop should last at least 4 years.

  • The problem you may have is that gaming laptops are not generally considered items that have a long service life. would be very tough to argue that 3 years is completely unreasonable, especially when they offered to only charge you for parts. gaming laptops generate excessive heat, suck in lots of dust from the much needed fans and hence generally have a much much shorter life expectancy than a normal laptop.

  • -1

    3 years is outside of warranty, Ive had $2,000 GPUs die outside warranty before and I sell it for spare parts and cop the loss and move on

  • -1

    I had a cheaper laptop that died after a longer period of time (4 years) and the manufacturer (Dell) also refused my warranty claim initally. When I threatened NCAT they agreed to replace with the equivalent model because they couldn't repair it. I don't think NCAT makes you pay the other party's legal costs (double check this) so it's a relatively risk free shot because the lodgement fees are low.

  • -1

    Electronic goods are so old by 3 years, no wonder no one provides more than the statutory warranty.

    plus your drive full of HD pr0n probably bricked the CPU, too much fluid in the usb drives

    OP: it should last more than 3 years.
    OEM: why should it?, do you have any evidence
    OP: "trust me bro, it should, my ozbargain poll said so"

  • OP PLS NCAT and keep us updated
    $2600 for latop, it should last longer than 3 years.

  • i would expect a minimum 4 years for a laptop of that price. i would go to the accc and then to ncat.

  • I have a gaming laptop that I spent $2.6k on

    There's your problem.

    Gaming laptops are by and large absolute garbage with insanely high failure rates, especially the ones from exclusively gaming/consumer-grade OEMs like MSI, Gigabyte, Razer, etc.

    I had a client who went out and purchased two ~$5K Gigabyte gaming laptops (with 1-year RTB warranties lol) thinking they were suitable CAD workstation replacements and both needed motherboard replacements in under a year due to constant BSODs.

  • Do it and keep us updated. The manufacturers need to be taught a lesson so us little folks can keep them in line.

    FYI I've found Dell to be pretty decent when it comes to ACL and reasonable life span. But companies like Asus and Acer etc are a lot worse. Not sure what brand of laptop you have but something to keep in mind for your next purchase.

  • 50:50 - yes the expected life should be more than 2-3 years

    but there are so many arguables about moving parts, fair use and abuse, and did you treat it badly - if they argue that their workshop found to be damaged due to overheating due to incorrect usage …

    OTOH they might balk at going to NCAT - that's gotta cost them a day out of business plus a ton of time preparing if they DIY, or $'00's if they sent a rep, or $'000's to $'0,000's if they send a solicitor - in which case they might fold at the mention of NCAT

    if you have the time and energy, interest and opportunity - I went to NCAT recently and won - it only took me about 20 hours of preparation and documentation, and won thousands - not for me personally - but for my side so was a gratifying win for our belief system. Depends how you want to spend your time.

  • -1

    Do your research before you take them to NCAT. What I mean by this, understand if it really is a manufacturing design defect or lack of reliability tests. If none of these are the case and you somehow ended up with a dud, then you don't have much ground to stand on. In such cases, the mediator will come to a middle ground where you may have to fork out $$ for parts only.

    I had a similar case with my car. 2010 Audi A3 with 1.8TFSI engine. Long story short, all 1.8/20TFSI engines manufactured between 2008-2012 are plagued with excessive oil consumption leading to spark plug failure and eventually engine failure. What needs to be done? piston rings replaced with a revised version. Basically an engine rebuild costing $15-$18k. Audi provided "goodwill" by offering some discounts on undertaking the repair if you car is within the 8yr or 100,000km, and with full Audi service history. Mine was 99,700km and I had full Audi Service history. They kept brushing me off and saying the engine was quite old and these problems are common. I did an oil consumption test through them ($800) and they offered 50% discount on the repair. I prepared a report (did my literature review, case studies etc.) and submitted to head office threatening them to take this case to NCAT. Received a phone call from head office saying they'll give me 70% discount. I submitted application to NCAT. And believe me I did my due-diligence almost to the point where I could write a thesis. I got statutory declarations from engine fitters/rebuilders, downloaded case studies from car forums and all sorts of information. Soon as Audi received the notification of hearing, they called me and said they'll do it for free except I would have to pay for some parts which adds up to $1800. Seals, gaskets, bolts which once removed need to be replaced. So I paid $1800 for what seemed to be a $17k job.

    also just FYI: I requested Audi to change the timing chain, water pump, Clutch assembly (manual) and all four tyres while the engine was open. I ended up paying $4.9k but the invoice showed $24.5k for a car that's worth $10k lol.

    • -1

      Maybe don't buy a Volkswagen as a start."shrug"

      It's a lose lose. I would much rather they paid $15k cash. (Think they would too).

      • Well if they paid cash then I probably would have opted for that. But the $17k repair was absorbed by Audi service centre. Keeping in mind, that is not what it cost the actual business. It was calculated based on $240/hr labour… and surely they don't pay their workers that much.

        If you ask me, would I buy an Audi again? I would say yes. But the reason why I purchased this car and wanted it repaired is because I loved it. A Premium hatchback, S-Line, European, fully optioned with a manual transmission is almost extinct now. I've driven my car for 5yrs after the repair and it's still (almost) like a brand new car. Purchased car for $9700 + $4900 repair = $15k roughly for a car that is realistically worth $11-13k now. The similar vehicles that don't have rebuilt engines are fetching $10k. I've essentially lost $3k of depreciation in the 6yrs I've owned the car. Pretty sure other people lose much more than that.

        • Yes. A general comment about a Volkswagen. You got a good deal with the NCAT run. Imagine if you didn't (not uncommon ).

  • +1

    You can try and weight up if it's worth your effort.

    Imagine labour + parts will be $200, since they are covering the mobo.

    Having said that, I went NCAT for a few hundred dollars + my cost just to make a point to Ford under the ACL.

    My time preparing was probably worth more than the amount they paid me.

    This is rediculus given NSW Fair trading's existence is useless.

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