Your Questions About Computer Repair Services Agreement
Donald asks…
Can someone who is licensed by apple, charge a fee to repair a MacBook w/ ACPP?
hi, i attend a large state university and was just struck upon a huge bill for a repair on my Mac book. my laptop's hard drive had an issue, so i went to this computer repair service operated by the school, thinking that it was just a simple student service. they are asking $125 for replacing my hard drive, installing the proper OS. Both of which are covered by my Apple Care warranty. this manager of this repair service explained to me that they were licensed by Apple to repair their brand of computers according to warranty guidelines. Apple.com quotes, "Reimbursement for labor, parts and travel for repairs covered by the costumers Apple warranty agreement. Anyway! my question is for you all is, does anyone know if what this service is doing is legal? Does apple allow a service to charge a fee for repairs on a macbook with an apple care protection plan? is there anyway i can get out of this fee?!? lol
thanx for the help!
dave answers:
Apple, themselves, will fix your computer for free if you have the Apple Care Protection Plan. This does not mean you can take it to any random repair shop and have it repaired free of charge. At least, that is how I understand it.
However, if the man servicing the computer was licensed by Apple to operate according to the warranty, you may be able to get out of paying. O_O
I would give Apple Support a call tomorrow and ask.
1-800-APL-CARE (1-800-275-2273)
Susan asks…
Why are Indian people so difficult to deal with in a service business?
We provide computer repair services for a mid sized community and I cringe every time an Indian person comes in the door which isn't very often, but when we do serve Indian nationals 100% of the time after the work is done they make lengthy arguments for why they shouldn't have to pay us. We politely tell them that our prices are not negotiable and they go on and on and won't stop debating it for like an hour at which time they threaten to call the better business bureau, dispute the charges with the credit card company, not send us all of their friends who they then say they were going to send us if we didn't make them pay, etc...
We don't have this problem with anyone else. Is this a cultural difference or how can we stop this from occurring? We have everyone sign a written agreement that spells out very clearly what we charge and they sign it and then don't think they should have to follow it... We have even considered not accepting any more work from them since it's a major loss of productivity to have to debate someone for an hour over a $45 or $85 charge and it's even worse if we let them get away without paying.
Those those calling me racist I would ask what is racist about observing that the Indian people walking in our door don't want to pay their bills? It's not that we had one or two Indian guys who didn't want to pay and then passed judgement on all of them. We have had a substantially large group all of whom have reacted the same way to being asked to pay for the service.
Brianne, that's ironic that you state that you didn't read the entire question, but yet you are still judging me. You sound like a real bigot!
dave answers:
Embarrassingly, this tends to be the case. Russel Peters has a comedy segment about it: http://www.youtube.com/watch?v=P6NoYjf4--Q
As we all know, people do not know what the word racist means anymore. Any hint at generalization that is evident from someone not being so careful with their phrasing gets branded as racism, even if not discriminatory or portraying intolerance in the slightest. If someone observes trends, and they ask if it is cultural, that is obviously not racist, that is validly asking: what is going on here? A lot of times questions like this are made out to be racist, and it is usually agreed on when black people are the topic. When discussing other races though, people are less sensitive and more inclined to allow conversation about this without silliness of calling it racist.
I know you do not mean anything bad by it, but it does sound disgusting to me when you say you "cringe" when an indian person walks in the door. While what you have observed would lead one to logically prejudge someone who walks in of indian descent to engage in this annoying practice, it is really poor form to form judgments about someone before you even talk to them, and you know better than that. They might do what you hope they will not, but they might not. Having negative thoughts like that I think is really unseemly, and while it is harder (and perhaps unwise) to not judge them like that, I think any good person should make an effort to give everyone the benefit of the doubt. Of course, you know you cannot have an explicit policy disqualifying indians as a race from having business with, "considering" something like that with the phrasing you have listed is irresponsible, you know that too. You could decide to not want their business after they start to cause problems, but not before. Discussing matters of race, even if not racist, should be done delicately and I suggest that you should not state things so brazenly. While your experience has led you to conclusions that no one would blame you to have developed, the modes of though you seem to be practicing tend towards the coarse side, and it may be advisable to soften your perspective. Just take things case by case. Yes, it would not be outrageous to suggest the idea that indians tend to be cheap, and most people tend to agree with that, but not all of them are obviously.
But yes, as the previous poster points out I do not see why you entertain them. Are you the manager? Just write them a bill, and send them off. Regrettably, if they want to speak to the manager or someone higher up it would be harder to turn them away, but it should not be taking up your time at least. You can politely turn someone away, it is easy, even if they insist on staying. It takes a little practice because of how in your face some people can be, but it can be done. Tell them there is nothing you can do regarding this, that you have other customers, if not then you go tend to something in the back room and are "busy," or need to deal with other matters, and invite them to pursue other avenues regarding their arguments instead of dealing with you. Get it through their head early on that you have no interest in pursuing a discussion because the matter is completely out of your hands, you have no control over it.
Joseph asks…
Can my non compete agreement be held against me if my leaving the company was no fault of my own?
I was hired at an Information Technology service provider in Small Town, Pennsylvania. I am an extremely experienced, certified computer and data/voice network engineer prior to being hired by the company. I was hired by the company to repair computers. However, due to the size of our town, the employer asked me to sign a non compete clause which limits my ability to work for any direct competitors within the state and for a period of 2 years. I signed it simply because I couldn't risk losing this job.
It's been 3 months and my job responsibilities have gone from PC Repair to planning, installing, and configuring data and voice networks. I have no problem doing this type of work as it is the work I went to school for and got Cisco certified for.
I asked my employer for compensation since my role has now grown into one with more responsibility and requires knowledge he did not train me on or pay to have me trained on. He denied it and said if I wanted to keep my job, I would keep doing the work. Before I came along, his business did not provide this service. Now that he knows I can do the work and he has me with the non compete agreement, his business has now started to offer Cisco networking technologies to customers.
My questions are will the non compete agreement hold up if I am fired or leave due to not being conpensated for increased job responsibilities and do I have a case for wrongful termination if he should fire me for refusing to continue providing him the capability of installing Cisco technology?
dave answers:
Http://www.myemploymentlawyer.com/non-compete-covenant-FAQs.htm
I disagree with the other poster not being enforceable, especially in your case. As I see it, both you and your employer have something to lose and if you or the employer chooses to sue, could be quite costly for either of you who should win/lose.
You took the job most likely by either being unemployed and unable to find work, or to find a job might have required you to move elsewhere away from family/friends etc. You may have just finished school and due to lack of experience, wanted to get your foot in the door to get it, thus making you more qualified to find another job later.
Your employer on the other hand got "lucky" since you have the training and now the experience that has made his company grow and most likely more profitable with you working there. So if you leave, there could be a "dramatic" loss to his business if he is unable to find someone else or might even have to pay double the salary you are currently making, thus a reason to sue you to recover.
Most non-compete agreements are for 1 year, but you have a 2 year agreement which is definitely in his favor.
You have only 1 option, that is to make an appointment with a employment lawyer for your legal rights period. Get together all of your evidence of your agreement, work, responsibilities and if possible how much more that the company is making due to your now doing services that no one had done prior to you working there.
IF;;;;;;you were to leave and IF he does enforce this agreement, then you might end up working at McDonald's if there is no other job that would compete with him for 2 years. Make an appointment with an employment lawyer asap, since only a lawyer can tell you what your options are, or possibly can get you a lot more money if the company does not want to lose you.
Good luck
Thomas asks…
Gaming laptop advice: Should I replace or buyout?
I'm in a bit of a bind. I had a Sony laptop that has given me nothing but trouble, and I've sent it in for repairs. They've informed me that the computer isn't worth repairing, but, per my extended service agreement, they will either buy out my contract for $1700 US (which is about what I paid for the computer two years ago) or replace it with the following:
Specs for VPCF1390X Configure-to-Order-
Intel Core Quad i7-740QM processor (1.73GHz) with Turbo Boost up to 2.93GHz,
Windows 7 Home Premium 64-bit,
500GB Hard Disk Drive (7200rpm),
8GB (4GBx2) DDR3-SDRAM-1333,
Blu-ray Disc Read and Write Drive,
16.4" VAIO Full HD Premium Display (1920x1080),
NVIDIA GeForce GT 425M GPU (1GB VRAM).
Now, as I've said, I've had nothing but bad luck with this computer and rather terrible service from Sony to this point. Ceterus paribus, I'd rather never buy another Sony product again, based on my experiences with their sales and service departments.
I will use the computer for internet, music recording, video and audio playback (and thus a unit with good sound from it would be a bonus), and gaming. The Blu-ray playback is nice, but the burnable media is too expensive for me to care about a Blu-ray burner.
My question is whether I should take the replacement or take the money and get something else for about the same price, or near, up to $2000. My concern is the video card in the unit they're offering, compared to others I've seen. If anyone has any suggestions for an excellent laptop that could handle my needs (particularly gaming-wise for the next few years), I'd appreciate it.
Side note:
Yes, I'm aware that a desktop is much better for serious gamers, and truth be told, I'd prefer one, since piecemeal upgrading and expansion are viable options; but I don't have the space for a desktop right now. So, for now, a laptop it must be. Given that, what would you suggest for laptops that are at least decent for gaming and my other needs?
dave answers:
You said it yourself: "I'd rather never buy another Sony product again" so taking the cash payout is probably a good idea. You can replace it when you choose, with the brand you choose. Or, you can get a desktop that'll blow the doors off of a gaming laptop. (Besides, that video card is indeed weak.)
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