Annotated Laws of Massachusetts, Chapter 218, Sections 21-25.

If a customer buys a product, it is implied that the goods purchased will perform the basic functions for which they are
intended reasonably well for a reasonable amount of time. Chapter 106 of MGL
Other Warranties/Guarantees are also explained in the UCC:
• Express Guarantee – If the seller makes a verbal or written promise or affirms a fact about a product, this constitutes
an express guarantee. Descriptions, samples, demos, models, ads, and statements are all express guarantees.
• Unconditional Guarantee – The seller indicates the buyer can have the product repaired, replaced, or refunded for any
reason at all.

Title 940 of the CMR

Refund, Return & Cancellation Policies must conform with the guidelines laid out in 940 CMR, which are as follows: A store
may have any return policy it wishes as long as it is posted clearly and conspicuously where it can be seen before the
purchase is made. Having the return policy only on the receipt would not satisfy this law because the customer is not
given the receipt until after the purchase. A store cannot use its return policy to refuse the return of defective
merchandise under the implied warranty of merchantability, so a return policy stating that all sales are “as is” (without
including a clause excepting defective merchandise) is unacceptable.

Add Incidental damages – incidental damages arise from expenses from receipt and care of faulty goods and/or from
expenses incurred as a result of delay or breach of warranty. A consumer can add incidental damages to his claim.

Dell Legal Department

One Dell Way
RR1-33
Round Rock, TX 78682

RE: Dell XPS 1330 consumer complaint

Dear Sir/Madam:

I am writing to you under the provisions of Massachusetts General Laws, Chapter 93A,
Section 9, the Consumer Protection Act. I am writing to request relief as outlined in that statute which you
are subject to because you advertise and sell your products in Massachusetts. On or about September 1, 2008
to date, the following unfair or deceptive acts and practices, occurred, including violating the implied
warranty of merchantability, and sale of a product which is unfit the purpose for which it was intended,
having not worked properly from its purchase in May of 2008 to the present1:

On May 24, 2008, I purchased a defective Dell XPS 1330 laptop computer. I initially noticed problems with
the unit, but presumed that the problems were as a result of needing to read the instruction manual and
adjusting settings. On May 29, 2008, I contacted Dell for help through its online chat session. Thinking the
problem had been resolved, I used the laptop very little over the summer, but noticed the problems seem to
have returned. Both I and my husband called Dell for assistance several times for over the phone technical
assistance – and several times was walked through an analysis of the problem and rebooting. Each time, it
took at least an hour between being on hold and speaking to first one technician and then another higher level
technician when the fixes did not work. Finally, my husband called and demanded that they authorize having
1
“…In addition to any express warranties that a merchant makes about the goods it sells, implied warranties also protect consumers.
Massachusetts law creates two implied warranties that no business may limit. The implied warranty of merchantability means that a product must
work as intended for a reasonable time…
…The implied warranty of fitness for a particular purpose means that the seller has reason to know of the particular purpose for which the
consumer wants to use the goods, and that the buyer is relying on
the seller’s skill or judgment to select or furnish suitable goods. Under this rule, the goods must be fit for that purpose…
…If the product is defective at purchase, or becomes defective during the period of the implied warranty, both the seller and the manufacturer are
responsible for making it right.”

The AG’s Guide to Retail Rights, June 2007 (emphasis added) Chapter 106 of MGL
the laptop sent back to Dell to be analyzed, as we had spent too much time without the use of the laptop and
far too much time going through the same “analysis” using the help desk, each time without the laptop being
able to be repaired.

The problems were:

 Laptop won’t start – it takes 9 or 10 tries to get it to start up; just clicks right off within a second or
two of turning it on. Repaired 9/30/08 – faulty hard disk drive.
 Laptop keeps shutting down at will – after working on it for a few minutes, just shuts off. This was
repaired with a new motherboard, but the new motherboard was missing parts, so the laptop did not
work after the new motherboard was put in. The computer then was shipped to Dell’s repair center
and the motherboard works now.
 Heat sink and video card missing on first motherboard replacement.
 Laptop still does not recharge properly, despite being consistently listed as a problem, never
repaired. It takes about 15 or 20 tries at plugging the charger in and out of the laptop before it will
“take” and start charging. Dell said to use the charger that came with the replacement rebuilt laptop,
but it has a different connection – the one that came with my laptop has an octagonal connection,
whereas the charger that came with the rebuilt has a round connection and falls out of the
connection.
 Cursor keeps jumping back to the top of the page – can’t position cursor in middle or end of page
because it just jumps back to the top of the page. Can’t even do the walk through repairs with the
Dell technician over the phone because of it.
 Cursor “sticks” and won’t let go of items I am trying to move around. Fixed on last trip to the Dell
repair center.
 Cursor jumps all over the page, including highlighting and deleting all the text, or inserting text
every which way into the previously typed text, making it unfit and unusable for the purposes (never
repaired despite numerous attempts);
 Error message for the Dell charger, when it finally makes a connection and starts charging the
computer. Error message says that it is not recognized and is not a Dell part, and clicking on “repair”
for the problem doesn’t work.

Fifty-three emails over eight months, more telephone calls than I can count, several repairs, both inhouse and
sending the laptop out to the Dell repair center, and the computer still is not working correctly. Dell sent a
replacement “rebuilt” laptop, but the screen does not work – it is perpetually so dark that it is impossible to
make out what is on the screen. When I told the Dell representative, “Harry” that the new one does not work,
he ordered yet another rebuilt computer, and told me that I could not get my money back. I can’t wait to see
what problems the second replacement will have – and how much more time, in addition to all the time I
have already wasted, I will have to spend checking it out to see if it works correctly. Dell tells me my
warranty runs out this month, whether or not the new or the old computers work. No chance to even make
sure the replacement works or to get any problems taken care of because there’ll be no warranty on the
replacement.

Instead of the new laptop that I paid for, I have one that has been taken apart, shipped, and repaired
numerous times. Or my choice of other rebuilt laptops with worse problems than the one I purchased. Dell
refused to give me a new computer, and they refuse to give my money back. I think eight months of repair
attempts is more than sufficient, and that this product is clearly not fit for the purpose for which it was
intended. I have tried repair (numerous times), I have tried replacement. Now I want a refund - I want my
$944.98 back, as well as any other costs, damages, and remedies, including attorneys fees, that I am entitled
to.
I believe that these acts or practices are declared unlawful by Section 2 of Chapter 93A,
which declares unfair methods of competition and unfair or deceptive acts or practices in the conduct of any
trade or commerce unlawful. 940 CMR 3.00 is promulgated pursuant to M.G.L. c. 93A, s. 2(c) for purposes
of determining whether conduct, terminology or representations involve unfair methods of competition or
unfair or deceptive acts or practices, in violation of M.G.L. c. 93A, s. 2(a). 940 CMR 3.00 is not intended to
be all inclusive as to the types of activities declared unlawful by M.G.L. c. 93A, s. 2(a) but are intended to be
of general application.

Dell has violated the implied warranty of merchantability. The laptop did not do what it was designed to do
with reasonable safety, efficiency and ease. Every item sold in Massachusetts automatically comes with the
implied warranty of merchantability which provides that if the item purchased is defective, I can choose a
repair, replacement or refund. I have given Dell the opportunity to repair and replace, and neither has
worked. I now choose a refund. Neither is the laptop fit for its particular purpose, having been unusable from
purchase to the present.

Under state law, it is an unfair or deceptive act or practice to fail to honor a warranty. (M.G.L. c. 93A, §2(c),
940 CMR 3.08 (2)) The warranty provides that the laptop will work. It has been nearly a year, and it hasn’t
worked properly yet.

This letter serves as my request for the following relief: $944.98, plus $550 for the loss of work and time,
inconvenience, trying to reset up the original and replacement machine, time on the telephone with
technicians when it was clear the machine was defective and could not be repaired over the telephone, and
for my loss of productivity. Under the provisions of Section 9 Chapter 93A, I am providing you with the
opportunity to make a written offer of settlement of this claim within 30 days. If you fail to make a good
faith offer of settlement in response to this request, and I institute legal action, a court may award me double
or triple damages, attorney’s fees and costs if the court finds in my favor.

I may be reached at the address written above, or at (phone number) between the hours
of: (9 am and 9 pm). I look forward to hearing from you.

Sincerely,

Irene Del Bono