Complaint Review: Asus Computer International - Fremont CA

SUMMARY

On November 3, 2016, I order an ASUS ZenBook Pro UX501VW-US71 15.6-Inch 4K Touchscreen Laptop from Amazon.  It arrived a few days later.  The cost of this Laptop was $1,499.00.  I added memory to this Laptop and used it for work for 23 months.

 Beginning 23 months after purchasing this Laptop, it began to manifest an issue where it would not recognize the Memory that was plugged into the socket provided within the Laptop for this purpose.  Restarting the Laptop would allow the memory in the socket to be recognized.  This intermittent failure continued for a few weeks, then the Laptop permanently refused to recognize the memory.

The memory was removed and tested in another Laptop of the same make and model.  The memory proved to be good.  The original memory that was removed to make way for the upgraded memory was plugged back into the Laptop’s socket, but the Laptop wouldn’t recognize it.  I tested the original memory by plugging it into the same make and model Laptop, and the memory proved to be good.

Additional troubleshooting was performed on the Laptop.  The conclusion that I arrived at was that the socket within the Laptop, there for the purpose of adding additional memory to the Laptop’s motherboard, was no longer functioning.

Without the use of the Laptop’s memory socket, the Laptop was only capable of using one-third of the memory that the Laptop was advertised to be able to support, rendering the Laptop no longer fit for the purpose for which it was purchased.  The Asus warranty is 12 months and is a “manufacturer” or “express warranty”.

DETAILS

Conversations with Andrea M from Asus CEO Feedback began on 1/17/2019 and continued 1/22/2019.  Asus’s stand at this time was that my Laptop’s warranty had expired, and the best that they could do was to offer a 20% discount on repairs.  Without knowing how expensive it might be to have the defect repaired, I politely declined.

After not hearing anything further from Asus regarding the defective memory socket in my Laptop, out of frustration, I launched a website describing my experience with the defect in my Asus Laptop to warn others and collect feedback.  The website, myzenbooknightmare.com is still accessible.

Between May 1, 2019, and May 14, 2019, I have had several emails from Asus CEO’s Office.  Asus continues to deny any responsibility for the defective memory socket in my Laptop.  The best that Asus has been able to do is to blame me for the defect and offer a 30% discount to have it repaired.  Without knowing how expensive it might be to have the defect repaired, I politely declined.

RELIEF BEEING SAUGHT

I offered Asus two options for addressing the defect in my Laptop;

• Repair the defect for no cost to the consumer. (Similar to how defects are handled in the automotive industry by the recall process)
• Replace the entire Laptop with a “used”, “rebuilt” and/or “recertified” Laptop of the same make and model.

Asus has so far declined.

ISSUES TO BE CONSIDERED

Asus’s Warranty:  ASUS warrants the Product to be free from defects in workmanship and materials for the Warranty.  As indicated by a stamp on the bottom of my Asus Zenbook Pro Laptop, the warranty is 12 months.  This warranty is given independently of any statutory warranty that may apply in the country of purchase and does not affect or limit such statutory warranty in any manner whatsoever.

For clarification, this is commonly known as a “manufacturer” or “express” warranty.

I will not dispute Asus’s warranty.  In relationship to the defect I am experiencing, Asus is basically saying that they can’t guarantee that the memory socket was correctly soldered to the motherboard of my Laptop, or that it was tested prior to shipping the product from the factory.  But if the socket should fail within 12 months Asus will provide a remedy.

IMPLIED WARRANTIES & THE UNIFORM COMMERCIAL CODE

According to Asus’s warranty, one might conclude that I am not owed any consideration for the defect in my Asus Laptop, as the fault was discovered 11 months past warranty expiration.  All issues of sub-standard workmanship, incomplete product testing, and lapses in quality certification are neatly shielded for 12 months post purchase.  But in the USA, we do have this Implied Warranty test to consider.

Basically, an “Implied Warranty” guarantees that consumer products are free of substantial defects and will function properly for a reasonable period of time. What’s “reasonable” depends on the type of product and the amount you paid. States typically limit implied warranties to four years.

This complaint is not about me asking the Better Business Bureau of Fremont California to render a legal decision.  That is not your job!   I am just trying to frame my complaint in reference to some measurable standard.  I am asking that my complaint be considered by “what is right” & “what is fair”.

The “substantial defect” here is the memory or “SODIMM” socket.  The purpose of this socket is to allow for the expansion of the Laptop’s memory.  A memory module was inserted into this socket after receiving the Laptop.  This memory functioned in this socket for 23 months.  The socket then failed, causing the memory installed not be recognized by the Laptop.  This rendered the Laptop unusable for the purpose for which it was purchased.  This is a “substantial defect” in that there is no easy workaround to realize a repair.

The “reasonable period of time” is where I make my argument.  I purchased a Laptop/Notebook computer and paid $1,500.00 for it.  There is documentation in the business and IT community that supports an expectation of a 2 - 5-year lifespan for Laptop/Notebook computers, with most IT departments replacing their Laptop/Notebook computers every 3 years.  My expectation was that I was spending $1,500.00 on a Laptop/Notebook that would last for a reasonable period of time.  The defect which rendered my Laptop useless occurred just shy of 24 months.  This is an early failure by all standards.

REASONABLE REMEDY

All things considered, I do not feel that I, the consumer, should bear the brunt of the cost of remediating the defect in the Asus Zenbook Pro that I purchased.  While Asus’s warranty shields them from defects in workmanship and materials, I believe that I have a reasonable and justifiable expectation regarding the “reasonable period of time” during which my Asus product should have remained useable for the purpose for which it was purchased.  

Asus, to this date, has not put forth an equitable offer to remediate the defect in my Asus Zenbook Pro.  I have been without a usable Laptop since bringing this to their attention almost five months ago.  I have had to spend money to lease a replacement Laptop, and my job has been greatly affected by the defect in their product.