How do I prove my HP Pavilion's graphics card has an inherent fault

I bought an HP Pavilion desktop computer in January 2009. It was not initially used until over a year after purchase, and I believe the graphics card is faulty.

This is a known fault and there was a recall notice for a replacement graphics card but I did not find this out until after the notice had expired. Now HP refuses to send me a replacement card.

Surely this is an inherent fault and I have cover for up to six years.
Brian Wright

If Mr Wright’s PC is one of those affected by the faulty graphics card, he does have up to six years in which to claim redress under the Sale of Goods Act.

It would have been easier if he had not waited more than a year to use the PC, because the fault would have been found earlier. But not doing this does not mean his rights are diminished.

However, HP is not obliged to send him a replacement graphics card. Mr Wright’s contract is with the retailer he bought the computer from.

In waiting over a year to test the PC, Mr Wright has put himself at a disadvantage. It is now up to him to prove that the graphics card is faulty.

Hopefully this shouldn’t be too difficult because HP did issue a notice about the fault with the graphics cards in a number of its PCs.

He should take the PC back to the retailer with proof of this recall. But if the retailer will not accept this, Mr Wright will have to get independent proof.

This is because he has owned the PC for longer than six months. After this time, the Sale and Supply of Goods to Consumers Regulations say the customer has to prove the fault is inherent.

The PC should be examined by an independent expert; in most cases this will involve a fee. But Mr Wright must inform the retailer first.

He should point out that if the graphics card is found to be faulty, he will expect not only for the computer to be repaired or replaced or, if this is not possible, be given a refund, but also be recompensed for the cost of the inspection.

His protection for this also falls under the Sale of Goods Act, which states that a customer must not be out of pocket because they bought inherently faulty goods.

We suggest that he informs the retailer of his intentions personally and in writing. He should also ensure that he has all the relevant documentation, including a written assessment of the laptop’s inherent fault and HP’s recall notice.

We have asked HP why it had a cut-off date for the replacement cards, since it knows this was an inherent fault. We will let you know HP’s reply when we get it.

When using statutory consumer law to get redress for inherently faulty goods, the customer should ensure they have a good case to present, either to the retailer or in the small claims court.

Keep records of when you first found the fault and how the retailer addressed the issue. If it seems a widespread problem and there is a lot of ‘chatter’ about it online, get this evidence together to back up your claim.