Q: I bought a laptop with a two-year warranty from a local shop. A year later, I noticed that its fan was making an unusual noise. I took it to the shop’s servicing department to be assessed and repaired if necessary, but they only cleaned the laptop and returned it to me.

However, a few days later, the laptop’s fan stopped working completely. This time, the laptop was sent abroad as the fan needed to be replaced. After three weeks, the shop called me to pick it up. As I was unable to go personally, I sent a family member. After two days, when I got the laptop out of its case, I noticed a big dent on it. I am aware that I should have reported this immediately, but I was so busy preparing for my exams that I did not have time to go to the shop.

A few days later, the laptop’s fan stopped working again, and when I reported the fault and the dent, they refused my request to replace the laptop or give me a refund, claiming that the device is too damaged to consider this. They only accepted to change the fan again.

I would like to know if I have the right to ask the shop to replace the laptop as it is still covered by a valid guarantee.

A: Concerning the dent issue, since it is an apparent damage, it was the responsibility of the person picking up the laptop to check it for any damages before accepting it. The fact that this damage was not noted immediately, and due to the fact that you reported the matter days afterwards, the seller may argue that it was not caused during the repair but that you caused it when the laptop was in your possession.

Regarding the laptop’s fan defect and since the fan has now been replaced, unless it is defective again, you cannot request another remedy from the seller. If, however, within the remaining time of the guarantee another fault develops,  you may still claim another remedy from the seller. Should the trader refuse your request, you may then lodge a formal complaint with the Office for Consumer Affairs.