Application of vague definition in Warranty

[sdickman]

What is the name of your state? Missouri, but company is in Florida

Hello:

I am in a warranty dispute with a computer manufacturer. I applied a BIOS upgrade file that was freely available at their FTP site and it damaged my computer. They have voided my warranty because of this, although they have provided me no written confirmation that they have done so. They verbally have informed me of this and refuse to provide me any services or method to challenge this.

They have indicated that they voided my warranty because of the clause in it which allows them to void it based on "unapproved modifications." But, neither their FTP site where I downloaded the software or the software itself indicated that it had any implications on the warranty. FYI, BIOS upgrades are a common operation in computer maintenance and are readily available from most manufacturer's web sites.

I have brought this up with them and they have stated that their web site clearly states their policy. But I couldn't find this policy when I looked, nor could I find BIOS files there.

So, have I voided their warranty or did they not provide due notification with the software they provided?

Thank you.

 

[seniorjudge]

"...I have brought this up with them and they have stated that their web site clearly states their policy. But I couldn't find this policy when I looked, nor could I find BIOS files there...."

Ask them where this language is and then post it here.

 

[sdickman]

Apparently this is the warning they included with the BIOS files on their web site:

CAUTION: IMPROPERLY UPDATING OR FLASHING THE BIOS CMOS CHIP ON A MOTHERBOARD CAN DAMAGE THE MOTHERBOARD TO THE POINT OF RENDERING IT USELESS. ACCORDINGLY, YOU SHOULD PERFORM THIS BIOS UPDATE ONLY WITH THE ASSISTANCE OF AN ALIENWARE TECHNICAL SUPPORT AGENT. PERFORMING THIS BIOS UPDATE WITHOUT SUCH ASSISTANCE WILL VOID YOUR SYSTEM'S WARRANTY.

This was not included with the files they provided on the FTP site, or at any point in getting to the BIOS files on their FTP site.

Thank you.

 

[seniorjudge]

Well, this is pretty crappy the way they do business.

But I am unsure if there is anything you can do.

If you download stuff you are always taking a risk; that's why I do backups and create a restore point before I download anything.

 

[sdickman]

Wish I could have, the BIOS is the low level controlling software for the computer. I'm pretty good about the keeping the OS and my data backed up, but the BIOS is a completely different matter.

Thanks.

 

[sdickman]

I guess what confuses me is how did I assume the risk of applying the BIOS when they supplied it on their FTP site without any disclaimer or warning? If a company provides a product that is potentially damaging don't they have to provide this information with the product? They provided the disclaimer on their web site, but not on their FTP site or with their product.

Same applies to the warranty. Since their warranty is vague about what requires permission don't they have to provide a clear disclaimer with the software that it's use will void the warranty unless approved?

Thanks again.

 

[You Are Guilty]

I guess what confuses me is how did I assume the risk of applying the BIOS when they supplied it on their FTP site without any disclaimer or warning? If a company provides a product that is potentially damaging don't they have to provide this information with the product? They provided the disclaimer on their web site, but not on their FTP site or with their product.

Same applies to the warranty. Since their warranty is vague about what requires permission don't they have to provide a clear disclaimer with the software that it's use will void the warranty unless approved?

Thanks again.

Did you yourself screw up the flash or was the file corrupt?

Your argument about warning you is more of a courtesy - does a chainsaw manufacturer need to put a label on the chainsaw that says, "Warning: If you use this chainsaw to chop up hookers, you may be held criminally liable"?

 

[sdickman]

That analogy doesn't apply at all. Maybe it would if I beat a hooker with my laptop.

A better anaolgy would be whether a chainsaw comes with a sticker that indicates that the removal of a screw or plate would void the warranty. If it's there the manufacturer is covered. If not, and the owner removes it in the belief that there is a serviceable part there do they lose their warranty?

Imagine further that the owners manual indicates that the owner is responsible for regular maintenance on the chainsaw, including changing the oil, tightening the chain, and oiling the chain. If they remove a screw which is not mentioned in the warranty and is not labeled as dangerous and damage their chainsaw are they liable? Or is the manufacturer?

 

[seniorjudge]

http://www.experts-exchange.com/
http://www.tek-tips.com

Try both of these sites for computer help.

 

[You Are Guilty]

Your missing the point - who screwed up the BIOS flash, you or the bad file?

 

[sdickman]

Thanks guys I am comfortable with computers. This isn't a technical issue, it is an issue of warranties and their associated requirements for disclosure.

As far as I know the BIOS files were good, but not for my machine. Problem is, they put the files in a directory on their FTP site for my make and model. Imagine I have a Model01 computer. On their FTP site they had a directory \BIOS\Model01 with the BIOS files in it. But, these files weren't for my machine, they were for someone else's. After they were applied the company told me of their policy regarding these files.

As an example:

If a motor company sold motor oil for their vehicles, but didn't include on the oil can itself that it wasn't meant for trucks would they be liable if the oil was used in a truck and damaged it? And would your warranty be void even if you were responsible for maintenance and the warranty doesn't mention that they consider changing the oil something that they require certified professionals to do?

 

[sdickman]

Ah, I think I understand your chainsaw analogy now. The chainsaw is the BIOS software. No, I didn't misuse it. I applied it correctly. But they put the wrong software in the directory for my laptop. Or they weren't specific enough. I may have had a Model01a and the BIOS was for the Model01b. They did not make this clear.

But that's not the root of my question. My concern is that they made software available without clearly identifying with it that using it would void your warranty. The warranty is vague, stating they can void it for "unapproved modifications." My assumption is that any software they provide on their FTP site without a warning is approved. Even if on their web site they include the warning with the BIOS files that are there (if you can find them).

Thanks.

 

[seniorjudge]

"...My concern is that they made software available without clearly identifying with it that using it would void your warranty...."

You can't assume anything.

If you wanted to download this thing, you should've gotten something in writing saying it was okay for your computer.

That will never happen....

 

[You Are Guilty]

As far as I know the BIOS files were good, but not for my machine. Problem is, they put the files in a directory on their FTP site for my make and model. Imagine I have a Model01 computer. On their FTP site they had a directory \BIOS\Model01 with the BIOS files in it. But, these files weren't for my machine, they were for someone else's. After they were applied the company told me of their policy regarding these files.

Ah, you failed to mention this part before Arguably, I think this could change things. (Ignoring for the moment the ability, or lack thereof, of being able to prove it should it get that far).

Do you have anything in writing from these folks admitting they put the wrong BIOS file in that directory? And whose site did you get the flash from - the CPU manufacturer? Mobo maker? Computer builder?

Also, what kind of CPU are we talking about here? There's a good chance that the replacement cost will be less than the cost of a lawsuit, which would probably be required if the company don't voluntarily cover it, (which they may be banking on).