Best Buy / Geek Squad WARRANTY vs. NO WARRANTY unauthorized replacement of hard drive Chesapeake Virginia
Funny how there is a lady who had the exact problem with BB/Geek Squad. AND, BB/Geek Squad quoted the same paragraphs of the complaint to me. PROBLEM is they do not quote the other parts of the agreement that are conflicting and do not benefit BB or Geek Squad.
I had brought in my lap top because of a line down my screen and when I wen to pick it up there was no operating system because the hard drive had been replaced.
I read the rebuttals on the other complaint. It makes me so angry that the company only points out the parts of the agreement which benefit them. The agreement absolutely contradicts itself and therefore, as far as I am concerned, it is not a valid contract/agreement.
No. 2 of the agreement does say that I authorized BB/Geek Squad to repair defective parts.
HOWEVER: No. 1 states that I authorized BB/Geek Squad to repair my computer as REQUESTED.
It also states that I would receive a phone call if the cost of the repair exceeds my authorized limit. I did not authorize a limit. But, in order have my operating system replaced, my programs installed, (as paid for when I originally purchased the lap top) all songs that I paid for, all DVD movies I paid for and other misc. itmes that can and cannot be replaced - I would have to pay for the services and replacements that would cost me money that I DID NOT authorize.
I refused to accept the lap top because I was NOT going to sign a repair form stating I was satisfied with the repairs when I could not even turn on the system to see if the screen had been fixed. I was absolutely assured, and the store has never disagreed, that my lap top would be safe from any disposal or distruction. That in fact, I could leave the lap top in the store until a final resolution. That there were notes and all the employees had knowledge of the problem.
On to No. 10 of the agreement which BB/Geek Squad love to quote. First it states that I waive any claim against the loss of any data and photographs. I asked the Geek Squad Agent to define "data" and if it included programs. He stated "NO" that it included documents and photographs. I told him that No. 10 therefore, does not apply to me. He then stated that at times "data" does include programs. When asked how a customer is to know when it does and does not -- he had no answer.
I then told him that regardless of the definition - I DID NOT LOSE MY DATA. Best Buy/Geek Squad STOLE MY DATA when they removed my hard drive with out contacting me first for the repairs. And, No. 10 states any loss of data. It does not state EVERYTHING including the operating system!!
Furthermore, not one person at BB or Geek Squad could tell me what was wrong with my hard drive. They simply stated that every computer is put through a 4 point diag. test and that their best guess was something came up that said it needed to be replaced. But that if I had not had the warranty/PSP then I would have received a phone call regarding what was wrong and to receive authorization to replace the hard drive. WHERE IS THAT IN THE AGREEMENT!!!!
I had requested the return of my hard drive and was told it had been distroyed.
PROBLEM:
Geek Squad cannot prove there was anything wrong with my hard drive nor can they provide proof my old hard drive had been distroyed.
PROBLEM:
In the meantime which I was trying to find out what happened to my hard drive, I was told an employee disposed of my lap top. I have been tossed back and forth from corporate to the store.
Then I am given a gift card for very little of what I paid for my computer. I purchased a new computer and paid the difference. Geek Squad agreed to make recovery disks for me and to down load programs.
I went to pick it up and now the General Manager and Manager state that I must sign a release which basically releases BB/Geek Squad and everything and anything I have every purchased from the store and against any problems I may have if someone did in fact steal my hard drive.
I refused to sign and stated I had a receipt which states I paid for and own the lap top.
PROBLEM:
BB refuses to give me my lap top until I sign their release. Isn't that blackmail or extortion or theft??? Something????
I have given in and given in to Best Buy. They have worn me down so many times but this is it. A person can take only so much before its time to fight back!!!!!
WISH ME LUCK!
Jo
Windsor, Virginia
U.S.A.
Click here to read other Rip Off Reports on Best Buy
6 Updates & Rebuttals
Kd3
Harlingen,Texas,
U.S.A.
Stay Away
#7Consumer Suggestion
Mon, July 27, 2009
Stay away from geek squad. Alot of their employees knowledge of computers is limited.
If they can't fix it in the first 20 mins or so, they will system repair or reformat to save the time and hide their lack of expertise.
Flynrider
Phoeix,Arizona,
U.S.A.
I agree (sort of)
#7Consumer Comment
Fri, July 03, 2009
Your contention that the hard drive is not "data" is entirely correct. Now go back and re-read the waiver :
"'I agree to WAIVE ANY DATA LOSS OR MEDIA LOSS CLAIMS"
The hard drive is not "data", but there's no question that it is "media". Case closed.
The bottom line is that people are too lazy to back up data that is supposedly valuable to them. Whenever you take any computer in for repairs, there is the possibilty that the fix could involve a format of the hard drive. Personally, I wouldn't let Geek Squad touch one of my systems, but they're not the bad guys on this issue. People who never back up their data are the issue. External hard drives are cheap and easy to use. There's really no excuse for data loss these days.
Jacq
Calgary,Alberta,
Canada
Clarification?
#7Consumer Comment
Sun, June 28, 2009
I am just wondering about the responses to OP and other complaints on here. They all waive around the "best buy is protected from lost data" clause.
But excuse me?
OP's data was not "lost". It was removed and willfully destroyed, correct? Also, nobody could argue that the harddrive is data: It is a physical component of the computer. Is Best Buy also not responsible for the willful destruction of property? I don't have any beef with the company, but it seems shady to me that this is a problem that many are experiencing.
To continue the car analogy, if I had a full tank of gas when I brought it in to fix the brakes, and the mechanic replaced the gas tank with an empty one, I think that I am indeed owed for that - how am I to know whether he poured it down the drain, syphoned it into his own vehicle, or drank it or whatever?
I'm just saying that somebody at Best Buy CHOSE to replace and destroy OP's property (both his data and his physical harddrive).
Brent
Grand Junction,Colorado,
U.S.A.
Invalid complaint.
#7UPDATE Employee
Sun, June 28, 2009
SOP is to dispose of property left at Best Buy after 120 days; usually we will go much longer (we have several systems left since January). If you left your computer there that long, you have shown that you do not care about the system enough to pick it up.
As far as the data loss, you did indeed sign a waiver. You should always keep a backup of important data. As stated, if they find any other issues when it's being serviced, they will repair them. If you sent it in for a damaged screen, wouldn't you appreciate it if they fixed your CD drive you didn't realise was broken?
Definition of Data in regards to computers: Numerical or other information represented in a form suitable for processing by computer.
Anything on the hard drive is considered data. You signed a contract stating that if any information on the computer was lost Best Buy would not be held liable.
You also say "I refused to sign and stated I had a receipt which states I paid for and own the lap top." From what I have read, you were given the laptop as a gift, which was not required by law or standard operating procedure, since you had abandoned your computer.
The page I am typing this on has the following sentence:
"An explanation that you believe the report is not accurate in some way (PLEASE BE SPECIFIC If you think the report is a hoax, please say so and demand that the author provide some proof that the transaction/event really happened)"
Based on the information presented, I must ask that you provide proof that you did NOT agree to release Best Buy of liability, that you did NOT agree that you had backed up all data on the computer, that Best Buy "stole" your data. I must also ask you provide the receipt that shows what you paid for the computer and what you were given on a gift card.
Bracus
Las Vegas,Nevada,
U.S.A.
This is like the 10th post with the same problem
#7UPDATE Employee
Sat, June 20, 2009
1. They are not responsible for lost data (according to the paper you signed when you brought it in).
2. As for your OS, blame microsoft not them. It's illegal for them to have oem discs therefore they can't do anything about it.
Matt
Little,Colorado,
U.S.A.
Your Service
#7Consumer Suggestion
Sun, February 15, 2009
1. You signed a service order stating "I authorize Best Buy/Geek Squad ("Best Buy") to repair all apparent defects identified by Best Buy on my product". It also states that you "grant access to my product data and information for such purpose".
2. You said you did not authorize a limit. However, seeing as you have a service plan, the "limit" is anything up to the amount Best Buy's insurance company is willing to pay.
3. As long as you have the original recovery discs you got with your computer (or new ones ordered from the manufacturer", the service plan should include the reinstallation of your operating system and any programs that were pre-loaded on your computer. Any program loaded when you purchased the machine can be easily reloaded with the original disc for that program.
4. Your movies and music (that you stated, you have paid for), should be easily re-downloaded. If the service you purchased them through will not allow re-download, perhaps it's time to switch services anyway.
5. That "Number 10" that they "love to quote" (as you said) actually says "I agree to WAIVE ANY DATA LOSS OR MEDIA LOSS CLAIMS, WHETHER OR NOT I HAVE REQUESTED BEST BUY TO BACK UP MY DATA, AGAINST BEST BUY AS UNDER NO CIRCUMSTANCES SHALL THEY BE LIABLE FOR ANY LOSS, ALTERATION OR CORRUPTION OF ANY DATA, OR LOS OF ANY MEDIA FROM MY PRODUCT". "Data" is a broad term that is widely accepted as anything on your computer you cannot touch, including your pictures, movies, music, operating system, and in some circles your programs (see http://en.wikipedia.org/wiki/Data_(computing) for more information). That agent you asked may have been using the distinction that exists between data and programs; for the purposes of this explanation, I do not.
6. You stated you would not sign the receipt without first turning on the computer to check whether it was fixed. However, a missing operating system would not prevent the system from turning on; in fact, the agent could have used one of their discs (which has a stripped down version of Windows on it) to show you it worked.
7. If your hard drive is replaced at the service center, it would have been destroyed as soon as humanly possible, as a measure to prevent any possible data recovery... if you've ever saved your credit card number to that hard drive, you'll be thanking them!
8. Your hard drive might not have even been bad when you checked it in - oftentimes when going to the service center, computers are shipped via UPS. They don't handle anything with the greatest of care, as anyone who has ever utilized them could tell you.
9. You also signed (on the service order) that you "agree that Best Buy may dispose of my product if I do not pick my product up within 30 days of being notified by Best Buy that service on the product has been completed an, in the case of disposal, I waive any claims to my product, including all data and information on my product". Generally they will wait MUCH, MUCH longer before anything is actually removed, which indicates to me that it's been there for several months. You can't expect them to keep things around forever, can you?
10. Best Buy has every right to require a signature from anyone picking up their computer, and to withhold the computer if they cannot obtain a signature. Or would you like anyone to be able to walk in off the street, claim to be you, and pick up your computer without so much as an ID check or a signature?
11. Just to reiterate, the very first point of the service order states "I authorize Best Buy/Geek Squad ("Best Buy") to perform the service requested on my product/products ("product") and I grant access to my product data and information for such purpose." In this case, your requested service was to have "all apparent defects identified by Best Buy" repaired. If they hadn't replaced that hard drive, and it was apparent it was failing when you'd brought it in, you'd probably be persecuting Best Buy for NOT fully repairing your item.