In California, vehicles are not the only product you can claim a refund or replacement for if it turns out to be a lemon.
Next to automobiles, computers are probably the most commonly used machine, and the law knows it.
If you find that your computer crashes regularly, needs a large amount of maintenance and has not performed as promised at the time of purchase, the California Computer Lemon Law works for you. Basically, a consumer is protected from any expense incurred while having a warranty-covered product replaced or repaired to complete satisfaction. This includes lawyer’s fees if a lawyer is retained. All expenses are borne by the manufacturer who stands in default of the warranty.
To avoid having to exercise your rights under this law, do not buy a computer or computer-related equipment from obscure outlets. Authorized dealerships are well aware of their responsibility and are less likely to sell you a lemon. You need to do a little background research on the dealership before your actual purchase. Even if it’s reputable, do not settle for an exchange-only warranty in the case of computer peripherals and consumables. Keep the option of returning for a complete refund.
Further, do not rely on verbal quality assurances. If they’re valid, the warranty’s fine print will reflect them, so pay more attention to details. If you do decide to buy, pay by credit card to protect yourself. That way, you can stop payment for a defective computer and can involve the credit card provider in any legal conflict over the purchase. Also, some credit cards will extend your warranty above and beyond the norm.
If a lawsuit is called for, the way to initiate the process is to contact the dealership’s customer care or quality control department and plead your case. If you have a case, the first offer may be arbitration. This is fine as long as a lawyer is consulted over jurisdiction matters. Make sure you have a complete purchase and payment record to fall back on.
By: RICHARD ROMANDO