HP not adhering to Canadian law regarding implied warranty/issues with system interrupts @ 90%

[DankTemplar]

Hello, I recently was gifted a HP laptop. It's a 15-db0xxx with an R5 processor, 8gb of 1833 DDR4 ram, etc.

When I received the device, I had noticed it being exceptionally slow intermittently so when I had time I used the support assistant, which did not help the issue with it's automated guide. So I called HP tech support and thus begins my journey.

The 1st representative was very nice and as tier 1 tech support, she did a great job but had to transfer me after we had determined it was not a hardware issue. The tier 2 tech support had a solution but wanted to charge me a one time activation fee and a monthly fee for said tech support on a new product, I pointed out that in Canada, we have an implied warranty which means the goods sold have to function within reason for their intended purpose but was told by the rep and their supervisor that due to HP company policy they did not have the power to waive the fee for this specific issue.

At this point I send an email to the CEO. It reads as follows and sums up my standpoint very well.

Hello, I recently was gifted an HP laptop. As a brand new product it was receiving System Interrupts up to 90% intermittently. The 1st representative did basic troubleshooting and was great, however once we had figured out that the System Interrupts were not a result of a hardware issue, I was transferred to another department who wanted to charge me a fair bit of money to troubleshoot a brand new issue.

My concern is that in Canada, we have implied warranties and implied warranties mean "The implied warranty normally states that the goods be of "merchantable quality" and fit for the purpose for which they were sold."

As 90% CPU usage from System Interrupts makes the computer unusable at points, for even basic tasks, I'd say this qualifies that it is not fit for the purpose for which it was sold.

[EDIT]

What I had suggested to the representative and their supervisor is that due to how new the product is and how debilitating having 90% of your CPU used by system interrupts is, that they wave the fees for providing tech support for this specific incident and I was told that the representative, the supervisor and the supervisor's supervisor do not have the ability to make that decision due to company policy.

What I suggest as a solution remains the same, all I want is a reasonably working laptop within the same price bracket as my laptop and I am willing to go through troubleshooting to that end, provided that it does not cost additional money as this issue was "out of the box" and makes it an implied warranty issue.

[edit] Please do right by your customer.

Sincerely, REDACTED

All I want is for HP to follow Canadian law and either offer an exchange, a refund or free tech support for my brand new laptop. Ideally, the tech support as I need a functioning laptop. I don't think this is an unreasonable ask. [edit]

[WAWood]

@DankTemplar 

This is ONLY a self-help Community -- so threatening here with legal action accomplishes nothing!

To take this to HP, you will have to contact HP Customer Support directly and ask for information to get to their Legal department -- as we are not permitted to make any statements regarding warranties and/or equipment replacement or refunds.

For the US or Canada, contact information is on this page: http://www8.hp.com/us/en/contact-hp/phone-assist.html#section1

NOTE: After you get through, stay on the line until you are finally able to talk to some one -- it can take a while!

[DankTemplar]

Thanks for taking the time to respond. I was hoping an HP employee would see this and forward it to the appropriate channel. [edit] and I'd prefer it to remain that way but I do have consumer rights which are not being honored by HP and that is an issue!

I'll try to contact HP again and see what happens.

[Cheron-Z · Accepted solution]

@DankTemplar

Please look for a private message from me requesting additional information. Keep in mind not to publicly post personal information (serial numbers and case details).

If you are unfamiliar with how the Community's private message capability works, you can learn about that here.
Thank you for visiting the HP Support Community.

[DankTemplar]

Thank you, I've responded to your PM.