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Gateway Failure to service under standard business and extended warranty/adp, breach of contract Irvine California
- On 8/21/2006 I have purchased Gateway Inc's personal computer, Laptop Tablet model M285-E
- Purchase included standard 3-year Business Warranty as well as additional 4-year "Total Protection" plan which included on-site repairs and accidental damage protection
- I have exercised the warranty protection at least once when keyboard failed and company representative performed on-site repair
- Computer has other components that failed since, which require servicing and repair including but not limited to the touchpad assembly and the keyboard
- I have attempted to contact Gateway Inc numerous times, by phone, online chat (through Gateway Inc's website) and by filing support case through Gateway's support site
- In each of those cases Gateway refused to honor the warranty. Representatives refer to the sale of the Gateway's "Professional" products [including warranty service] to MPC Corp, which promptly went bankrupt and seized all operations. It is therefore impossible to get the service which was [under contract] purchased from Gateway.
Therefore:
- Gateway Inc breached a contract which we entered into when computer was purchased
- Gateway Inc aknowledged existence of the warranty by performing repairs in the past
- Gateway Inc has since engaged in systematic fraud and abuse by refusing to honor the warranty by referring me to the delinquent 3rd party.
Computer in question was purchased b/c it was recommended by the school our kids were attending at the time; product was specifically promoted as being backed by a reputable vendor with an outstanding warranty service record.
I have contacted BBB; in response to the complaint Gateway representative explained that the terms of warranty can be changed [by the company] at any given time.
It is clear that the company cannot be trusted to keep its word. It is a failure in company's leadership ability to honor existing contracts, relying upon dodgy legal tactics instead. Even if we assume that Acer has purchased Gateway since, any reputable business would try to keep existing customers happy. At this point I will avoid Acer/Gateway. My company (600 desktops and growing) will not purchase any Acer/Gateway products. Buyer beware!
Wil
woodinville, Washington
U.S.A.
1 Updates & Rebuttals
Wil
woodinville,Washington,
U.S.A.
Call from Gateway as a follow-up to BBB complaint
#2Author of original report
Mon, June 08, 2009
I had a call with Gateway (something that was quite impossible to obtain prior to filing a complaint with BBB, upon entering S/N of the computer in question, automated message informs that you must contact MPC (which is delinquent) and you're disconnected).
Representative confirms basic facts of my complaint, namely:
- Company refuses to service my laptop b/c the warranty for the pro line was sold to MPC
- Company also refuses to honor standard 3-year business warranty
- He pointed out existance of the clause on the warranty statement which permits the company to modify the terms without notice and at any given time.
Substance of my complaint is still the same:
Gateway has chosen to play legal shenanigans and therefore is not worthy of my (or, for that matter, anyone's) business. Terms of their warranty are liquid and not worth the paper on which they're written.