Gateway Parts

Did Gateway breach warranty contract?

I bought a tablet from Gateway January '08. It arrived defective and I was told to stop using it and send it in immediately for service. After three months of being ignored, insulted, drug through the mud, etc by GW customer and technical support, I filed a dispute with my cc company for Service not Provided. By June, the tablet had FINALLY been deemed irrepairable, after four rounds of 1) fraudulent 2) fix only 1 of 2 problems then 3) send it back BROKEN and 4) taking six weeks to do anything repair service. GW finally offered me a replacement in July, and about two weeks later my cc company agreed that I had been treated inexcusibly and they awarded me a credit for the service. Four months later, the Replacement needed a minor repair (plugging the LCD cable back in). Gateway said the part was on backorder. After two months I get an offer of a replacement with a regular notebook, not even the same kind of equipment I paid for. I refused it. Then they called back demanding my proof of purchase. Gateway does not provide a proof of purchase for replacement equipment!!! Gateway immediately called me a fraud, called me a liar, bullied me, and gave me no time to prove the tablet was mine (and REFUSED offers of immediate payment 3 times!) and had my tablet disassembled for parts. They tell me I was lucky they had the tablet in their possession because I escaped without them filing criminal charges against me and having me arrested. They claim that when one buys a product from them that is all one gets. Their service is not bought, therefore I was not protected by my cc contract, so they say the credit for service what I got was actually a REFUND for the PRODUCT (which I never wanted! I wanted it fixed or replaced! and besides I never owed Gateway a cent! my bill was with my credit card!). Gateway says the service I disputed about was not bought, therefore they are not liable, and that any fraudulent repair trips were an 'act of God'. They claim they are not liable for lost time or money lost due to inexcusible lengths of time the system is unusable. But I was checking my limited warranty and it specifically lists that technical support is part of what I paid for, and that the repairs were to have been done with as-new or like-new replacement parts and 'in a professional and workmanlike manner'. Well, lying about the system being in as-new condition, refusing to fix it (in 7:44am out 7:45am), only fixing half the problem and returning it with the other half WORSE, and then BREAKING it, and then holding it for an excessive length of time after having sent a defective product in the first play... that is neither professional or workmanlike. The warranty specifically states that the product would be free of defects at all times during the coverage period. Has Gateway breached the warranty contract? What are my legal options? What can I do to get my product replaced since they have destroyed it?

Public Comments

1. I had a similar claim against Toshiba, and it was only after going through hell and filing for arbitration that they gave me a new computer. I can't tell if you have a warranty claim without reading your warranty, but you'll have to do a lot of legwork if you want to press a claim individually. You may want to sit down with a class action lawyer.
2. I worked for Gateway and yes they breeched your contract. They have to repair your computer and if not repairable they have to send you a replacement. Now if the model you orginally bought was not available they have to give you another. However they must do something to satisfy the customer. They keep the records of service and repairs on file and replacements as well they could look in your accounts notes and see the computer was replaced. I would definatly talk to an attorney. There are documents and every call to them should be documented as well. Get the agent's badge number and name everytime you talk to someone and ask for a service request number everytime you talk to someone. This ensures each call is documented.