Is a laptop ‘not fit for pp purpose’ if battery won’t n’tt charge?

Q

I bought an ASUS N552VW2VW2V laptop (pictured) fromom thehe BT online shop ( www.shop.op..bbt. com). Now the battery is dead, so it only works when the charger is plugged into the mains. BT toldd me to contact Asus, but I don’t think it’s still covered by warranty. On the basis of this battery failure, do you think I have a claim thatat thehe laptop is not ‘fit for purpose’ underder the Consumer Rights Act (CRA)? Andrew Buick

A

We think Andrew would have a very difficult time arguing that his laptop is ‘not fit for purpose’. This term has its limits, and is often wrongly used to seek redress for faulty goods. Legally, ‘not fit for purpose’ means goods don’t do what the seller claims they can do, which aside from the problem with the battery this laptop does.

Importantly, the term doesn’t cover how long goods should last, nor guarantee that they will never break down. And while the CRA doesn’t set a time limit on ‘fit for purpose’, in our experience customers are unlikely to win a case a year after purchase.

Could Andrew use the term to get a free replacement for the battery? Again, we think he’d struggle. Generally, battery life isn’t guaranteed. Some last years with no bother, while others like Andrew’s need replacing within two years or even fewer. Andrew would also have to show that the battery wasn’t either accidentally damaged or subjected to wear and tear.

If Andrew manages to get a free replacement battery (or pays for one), then finds he can still only use the laptop when plugged into the mains, there may be an inherent fault with the laptop that he’s not aware of. Should he discover what this is, he’d have a claim against BT for a repair, replacement or partial refund.