Andrew Beresford's Blog

Well, Expansys got back to me

In correspondence to the points you have made it will not be possible for eXpansys to offer a replacement, nor will we be able to offer a “free” repair.

As the problem with the device would most likely be considered by ourselves as user damage, eXpansys would be under no obligation to offer either a repair (free of charge) or a replacement under these circumstances.

The device would also not be covered by the warranty due to the location of the problem, it is common place within the mobile device industry that the screen is not covered by the warranty, in most cases any problem with the screen of any given device would be classed as a chargeable repair by the manufacturer, in this case it would be Palm.

Although you may feel that the goods were “not fit for purpose” the device would have been in full working order when it left ourselves to be shipped to you.

If you feel as though you are still not satisfied with the decision eXpansys has taken over this matter, then I would suggest you take advise, and pursue this case how you wish.

I have also included a copy of your Limited warranty agreement you’re your reference.

I replied:

Thank you for getting back to me.

Given that Expansys seem unable to fulfil their obligations under the Sale of Goods Act, I will return the device to Palm for a chargeable repair. Unless I hear back from Expansys with an offer to pay all my losses in regard to the faulty device within 14 days, I will make a claim against Expansys for my losses through the small claims procedure at the county court.

Looks like I’ll have my day in court!