Does Linux avoid warranty in Australia? Predator PT315-51

LiveWires
LiveWires Member Posts: 20 Troubleshooter
edited March 20 in 2020 Archives
Hi everyone,

Question:
With the warranty (provided below) I have from my date of purchase with ACER, and with accordance with this particular warranty, can anyone on this forum freely discuss if hardware is covered under warranty and under Consumer Law in Australia if it's not caused by software with using a Linux operating system with your purchased device?
As an ACER moderator has closed off another thread in regards to this matter to an unsolved discussion, does the community have any ideas or thoughts, or has issues with running Linux with their own warranty?
As there is a lot of mixed reports on this matter online and within the ACER COMMUNITY forums from what I have read so far.
Please feel free to discuss with me and everyone in this matter, and give any ideas, thoughts, or advice as they would be of help to us all in the community.

Warranty issued from date of purchase.

Details of information given from ACER:
General Provisions and Exclusions

Acer warrants that the device you have purchased is free from manufacturing defects in materials and workmanship when dispatched from our warehouse. During the warranty period as indicated above, the Acer Authorised Repair Centre will, at no additional charge, replace defective parts with new parts or serviceable parts that are equivalent to new parts in performance. All replaced or exchanged parts, which are taken out under this warranty, become the sole property of Acer. *Onsite services are strictly limited to a distance not exceeding 50 km from an Acer authorised service provider. All onsite servicing and repairs will be carried out within standard business hours of between 09:00-17:00 Monday to Friday, excluding public holidays. It remains the users responsibility to ensure they make their device ready and available at the time of the scheduled onsite service, and to provide a clear working area for the onsite service provider to complete their repairs. All requests for after-hours or weekend onsite service will be quoted at current applicable hourly rates to you, and strictly dependant on after-hours or weekend service availability. In the event where an onsite service provider is not available, Acer will make arrangements to have your device repaired at our service centres, using one of our nominated logistics partners. In the event of a return to base warranty repair, it remains the users responsibility to ensure they suitably pack their device to ensure safe transit to our
service centre.

Any damages resulting from improper and/or inadequate packing shall not be considered as product faults and may incur a charge for rectification, if repairable. Acer reserves the right to undertake its own inspection/assessment of any Acer-branded device and further reserves the right to complete its inspection or assessment at our nominated service centres as deemed appropriate. Acer reserves the right to deem any device as Beyond Economical Repair (BER). All goods must have a repair authorisation number issued by Acer, prior to being sent into our service centres. This warranty does not extend to any product purchased from other than an Acer Authorised Reseller. This warranty does not apply and, at Acer’s discretion, becomes void if the product has been physically damaged or rendered defective: (a) as a result of accident, misuse, or abuse, or other circumstances beyond Acer’s control; (b) by the use of parts or peripherals not manufactured or supplied by Acer; (c) as a result of normal wear and tear; (d) by use within an improper operating environment; (e) by modification of the product; (f) by the serial number being removed or defaced; (g) as a result of services rendered by anybody other than an Acer authorised repairer; (h) as a result of the product being operated otherwise than in accordance with Acer’s instructions or; (i) as a result of liquid/chemical damage, exposure to bodily fluids and/or solids, or damage resulting from vermin, insect or other pest infestation.

Software-related faults resulting from incorrect software installation or usage, viruses or other malicious applications, or other computer program errors shall not be considered as product faults and may incur a charge for rectification, if requested. It remains the users responsibility to keep useable archive backups of all data and to reload all software following any maintenance or repair work (except the operating system). Acer is not responsible for damage to, or loss of, any programs, data, or removable storage media, including any consequential loss or damage. Acer is also not responsible for future upgrades of software products bundled with Acer Products and make no assurances or guarantees that devices will support or be compatible with any software releases or updates, or hardware not configured and 
provided by Acer Computer. All devices repaired by Acer’s service centres will be restored to their original factory configurations. Repairs made by Acer Authorised Personnel will be chargeable at current applicable hourly rates to you if: (a) the technician finds the problem is user related; (b) caused by change in normal settings of the computer, or (c) software issue not covered under our standard warranty. This warranty is given in addition to the other remedies that are conferred to you by the law. As part of Acer’s validation and/or verification process, we reserve the right to undertake further assessment of the device, or ask the user to undertake simple and reasonable troubleshooting measures to test their device. We appreciate your cooperation in this matter.

Pixel Policy
The LCD screen is manufactured using high precision technology. Due to the complex nature of the manufacturing process, the screen may have cosmetic defects that appears as (bright, dark and colour) dots on the screen. This does not impair the performance of the product and is not considered defective in the industry. Acer reserves the right to refuse a warranty claim for repair or replacement of the LCD panel if the number of defective dots falls within the manufacturers specification. 

Best Answer

  • LiveWires
    LiveWires Member Posts: 20 Troubleshooter
    edited December 2020 Answer ✓
    NOTE: I didn't specify a device in my heading and a Moderator or Admin has changed the title of the heading. (I'm assuming all can see why!)

    With my current experience, so far ACER has declared they won't cover hardware under warranty if Linux OS is installed on my particular device or as it has seemed on any of their devices stating it is a "Modification", within their warranty, as they still can not show or any details within their clause.

    Due to ACER has silenced me to show details of the email of their or any responses, I will endorse all programmers who wish to use LINUX OS software on an ACER device, ACER are determined to class it as a "Modification", contact ACER via online tech support for your own clarification.

Answers

  • LiveWires
    LiveWires Member Posts: 20 Troubleshooter
    Will provide a screenshot with date shown and link of with the warranty shown from when the copied warranty is posted in the question mentioned with proof of no-editing.
    https://static.acer.com/up/Resource/Acer/Docs/AU/20200130/Acer_Warranty_ANZ.pdf

  • LiveWires
    LiveWires Member Posts: 20 Troubleshooter
    Please feel free to discuss with me or the public, if you had any issues, fixes, resolves, etc. with your warranty, what was your experience?
    I sent this particular email (I give permission to the public to view), I have had no response, you will find the "censored" parts due to being silenced reasons. What's your opinion or experience?

    Hi (censored),

    So far we have covered the warranty (copied to the bottom) in accordance to paragraph 3 (censored) of the clause in warranty provided by ACER on date of purchase of the Acer Predator PT315-51 device:

    a) Is not dedicated to a specific operating system confirmed. (Response By Email (censored (censored)) (22/12/2020 12.37 PM))

    b) All pre-installed software including ACER and non ACER software is NOT covered in accordance with warranty (paragraph 3) as mentioned:
    "censored." from a reply this has been contradicted from: (Response By Email (censored (censored)) (23/12/2020 11.50 AM).
    As upgrades, updates and patches to fix errors or issues included with all ACER and non ACER software pre-installed is automatically null invoid, thus this is included for compatibility or conflicts with Windows updates (can not be controlled in Windows settings) or any software conflicts.

    c) Due to no upgrades or updates has been mentioned (by the consumer) in correlation of any software or hardware on the laptop device of the original enquiry, or in reference to, or stated in any conflict of the warranty given, "Clause that is supplied in the warranty by ACER with a Linux OS on the laptop, is hardware covered by warranty that's including the fault is NOT caused by any software? Including under Consumer Law in Australia." as it has been stated that the device is not dedicated to a Windows operating system in accordance to (Response By Email (censored (censored)) (22/12/2020 12.37 PM)) as in the warranty also does not state or limiting to a Windows operating system software, as previously mentioned it has been established the product in question is not a dedicated Windows device provided by ACER.

    In regards to using a Linux OS software (the device in question is not dedicated to a Windows operating system software) in definition is not classified as incorrect "Software" or be described as; an update or upgrade as the operating system in question, is neither both upgrade or an update. As mentioned, software warranty is automatically voided included with any updates in corresponding with software included pre-installed or by user with device in correspondence to run on a Windows operating system or any other: ACER and non ACER software pre-installed or after (NVidia drivers, virus scanners, etc. as some software make changes regardless (modifications, Paragraph 2) and can alter any configuration in software and hardware configurations (Response By Email (censored (censored)) (22/12/2020 12.37 PM) on the device, including a Windows operating system "(OS Excluded, mentioned in warranty: Paragraph 3)" updates)).

    As the question by the consumer still not being answered in reference and correspondence of the clause issued in any of the warranty, with its meaning and definition provided by ACER and tech support to the consumer stating about a Windows operating system is to be a dedicated operating system software to the laptop device in question as the warranty information provided has:
    a) No operating systems is specified and/or dedicated from date of purchase.
    b) Confirmed no specifications in regards to an operating system or dedicated too (Response By Email (censored (censored)) (22/12/2020 12.37 PM)).
    c) Linux OS is neither an update or upgrade (paragraph 3) or modification (paragraph 2), as no operating system in the clause of the warranty is classed to be incorrect software (paragraph3) as the warranty does not state a dedicated operating system for the ACER device.
    d) Updates and upgrades are defined in the warranty (paragraph 3), as shown it is not relevant to an operating system (paragraph 3, OS excluded) as there is no specification provided, or is classified to an operating system of any sort, or to be incorrect software, or what operating system is dedicated to the ACER device.
    e) Updates or upgrades (paragraph 3) with any software or any operating system (as not specified to the device) can cause modifications (paragraph 2), or alterations, "censored." (Response By Email (censored (censored)) (23/12/2020 11.50 AM) is null invoid, as it conflicts with the clause of warranty section of modifications (paragraph 2) to software or hardware configurations with or without damage.

    Will ask the same question again, in correlation to the clause in the warranty given and supplied by ACER, does using a Linux OS cover hardware if the fault is not software related? Including under Consumer Law in Australia.
  • LiveWires
    LiveWires Member Posts: 20 Troubleshooter
    edited December 2020 Answer ✓
    NOTE: I didn't specify a device in my heading and a Moderator or Admin has changed the title of the heading. (I'm assuming all can see why!)

    With my current experience, so far ACER has declared they won't cover hardware under warranty if Linux OS is installed on my particular device or as it has seemed on any of their devices stating it is a "Modification", within their warranty, as they still can not show or any details within their clause.

    Due to ACER has silenced me to show details of the email of their or any responses, I will endorse all programmers who wish to use LINUX OS software on an ACER device, ACER are determined to class it as a "Modification", contact ACER via online tech support for your own clarification.