Lemon Law in Regards to Computers

[Earbud]

First off, I live in Arizona. I recently purchased a custom computer from a company in California. Now from what I've read the lemon law in California does cover computers as well as automobiles.

Heres where the problem comes in.They offer a 3 year warrantee and a 30 day money back policy. For lack of a better term, the computer was a lemon from the minute I opened the box. I shipped it back, they said they would fix it. They ship it back to me and they didn't fix anything. It doesn't even look like they worked on it at all. I send it back once more, same deal. When I get it back it still doesn't work. I ask for a refund and they say it is past 30 days so they can't give me a refund. Now, I'm planning on emailing them once more today with a link/quote from the California Lemon Law section. I've already contacted the BBB and will be calling my lawyer if there is no resolution.

Now that you have a bit of backstory... Will the lemon law help me in this situation since I am in Arizona and the company is in California, it being a California state law and all. It may be a silly question but I'd just like to make sure.

[Zigner]

Originally Posted by Earbud

First off, I live in Arizona. I recently purchased a custom computer from a company in California. Now from what I've read the lemon law in California does cover computers as well as automobiles.

Where did you read that?

Heres where the problem comes in.They offer a 3 year warrantee and a 30 day money back policy. For lack of a better term, the computer was a lemon from the minute I opened the box. I shipped it back, they said they would fix it. They ship it back to me and they didn't fix anything. It doesn't even look like they worked on it at all. I send it back once more, same deal. When I get it back it still doesn't work. I ask for a refund and they say it is past 30 days so they can't give me a refund. Now, I'm planning on emailing them once more today with a link/quote from the California Lemon Law section. I've already contacted the BBB and will be calling my lawyer if there is no resolution.

Now that you have a bit of backstory... Will the lemon law help me in this situation since I am in Arizona and the company is in California, it being a California state law and all. It may be a silly question but I'd just like to make sure.

Sue the bad people in small claims court. Of course, you will have to do it in California.
You can have your attorney write a letter if you'd like, but it will carry no particular weight, other than the "shock factor". Also, the BBB has no authority to do anything accept record your complaint.

[Earbud]

Originally Posted by Zigner

Where did you read that?

[url]http://ezinearticles.com/?California-Computer-Lemon-Law&id=200142[/url]

[Zigner]

I've looked in to "California Computer Lemon Law" a bit, and most of what I find refers back to sites advertising their services. I don't find any specific reference to a "Computer Lemon Law".
In any case, my earlier response stands. Sue the bad people in small claims court.

[JETX]

Stop 'grasping at straws'. What you really want to use is a protection provided for everyone under common law. It is called a BREACH of contract due to the product not complying with the 'Implied Warranty of Merchantability'. Simply, this means the product does not conform with its intended use.

I could provide a long explanation of your rights under this principle, but it is easier to just give you the following link:
[url=http://en.wikipedia.org/wiki/Implied_warranty]Implied warranty - Wikipedia, the free encyclopedia[/url]

You can bring this suit in any court you want.
Of course you need to document EVERY incident and they have to be serious enough to affect your use of the product for its intended purpose.

BTW, what you are trying to refer to in California really provides you with nothing but the above. It is in CA Civ Code, section 1791 and can be found online at: [url]http://www.leginfo.ca.gov/cgi-bin/displaycode?section=civ&group=01001-02000&file=1791-1791.3[/url]

Also, if you purchased this on your credit card, you can return the item (keep a copy of shipping papers) and then dispute the purchase on your credit card.

[TheGeekess]

Can you prove that it was a hardware failure with the computer and not an error between the keyboard and chair? Was it the same hardware failure three times?

[Earbud]

Originally Posted by TheGeekess

Can you prove that it was a hardware failure with the computer and not an error between the keyboard and chair? Was it the same hardware failure three times?

I ordered an SLI rig (basically two graphics cards working in conjunction with one another). One of the graphic cards was DOA. I suspect they used a card that was returned or something as the fan cover was a little banged up on one of the cards. The second problem is that every time I boot the computer it runs for about 30 minutes and then just shuts down and restarts. I'm not sure if this is due to overheating or something else (will monitor temps later) but it really doesn't matter what the cause is.

Once I got the computer back the first time the same graphics card was still installed (the banged up one) and the computer would still shut off automatically. The second time I got it back they had changed the graphic cards out to working ones but still didn't even touch the whole shutdown/restart issue.

[BL]

They've attempted repair twice .

Give them one more try .

Make sure you have records .

If it isn't repaired , file a complaint with your local Office of Attorney General - consumer affairs division , or you could try the nearest Office in CA. to the company .

[TheGeekess]

Originally Posted by Earbud

I ordered an SLI rig (basically two graphics cards working in conjunction with one another). One of the graphic cards was DOA. I suspect they used a card that was returned or something as the fan cover was a little banged up on one of the cards. The second problem is that every time I boot the computer it runs for about 30 minutes and then just shuts down and restarts. I'm not sure if this is due to overheating or something else (will monitor temps later) but it really doesn't matter what the cause is.

Once I got the computer back the first time the same graphics card was still installed (the banged up one) and the computer would still shut off automatically. The second time I got it back they had changed the graphic cards out to working ones but still didn't even touch the whole shutdown/restart issue.

If it's booting and then shutting down after running for 30 minutes, you have a heat issue, not a video card issue. If it was a video card issue, it wouldn't post, much less boot.