Legal Question in Technology Law in California
I am thinking of taking best buy (specifically the geek squad computer repair department) to small claims court
I had a computer in there 6 times in the space of a year, all for the same problem, crashing. They kept trying to fix it, got it supposedly working snd withing two months I was back in again. I replaced the hard drive three times, it still kept failing. Two months ago they threw their hands up in the air, admitted they didn't know what the problem way and recommended I replace everything (except the cpu). Which I did. Brand new motherboard, new hard drive, new video card, new memory. I had Best Buy put it all back together (and still have the receipt) and they finished in Feb 2012. By April the same problem started again, intermittent crashing and freezing. By May, my computer would shut off within 2 minutes of use. Frustrated w/ Best Buy and their inability to correct the problem, I took it to another computer repair company. They diagnosed the problem (and put it in writing) saying that best buy had improperly installed the cpu onto the motherboard. The thermal paste, used to mitigate the heat from the cpu, was applied to liberally and they quality of the paste was cheap and insufficient for the job. The thermal paste melted onto the motherboard and short circuited the brand new motherboard and its going to cost me $400 to replace. Only a person installing a cpu would be putting thermal paste in a computer, and thats what Best Buy did in Feb, so obviously it was Best Buys fault.
When I brought it to Best Buys attention, they refused to compensate me and they pointed to a small clause buried deep in my work order which says, "I agree to waive any consequential or incidental damages against Best Buy that may occur as a result of this service." Wow, what a universal statement! Does this mean they are not responsible for ANYTHING that they do on computers once it leaves the store? Do I have a leg to stand on if I take them to small claims court, as the evidence I have clearly proves Best Buy caused the damage on my computer through improper installation/negligence?
1 Answer from Attorneys
Go to small claims court. Consequential damages are losses that are not directly caused by the act of a party, but only from the results of that act. If you became grouchy because your computer didn't work and Best Buy didn't fix it, so your wife divorced you, the divorce would be a consequential damage and Best Buy's clause would protect it.
Incidental damages usually are those which occur because you take steps to minimize your loss. such as inspecting and testing the computer to see whether it works. But the cost of repair is neither incidental nor consequential. It is a direct loss and you should still be able to recover that.
Uniform Commercial Code section 2-715 defines these terms in the context of a sale of goods. Since your complaint is not about the purchase of the computer but its repair, the argument could be made that this law does not directly apply. However a court will almost always adopt the UCC definition even in a case like yours.
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