Yellow tint on Surface Book Screen

Has anyone had success in getting a free replacement after when the SB is over 3 years old, without going to a Microsoft store?

I understand that 3 years is quite old, but at the same time, this isn't a 250 $ laptop, it costed like 10 times that much and apart from the screen/battery issues my Surface Book with Performance base is still going strong.

I talked to Microsoft support, they said I had to pay (a high cost) for a replacement since it has no warranty left. At the same time they recommended me to do a backup of all my data and place my Surface Book in a fire safe box and not charge or use it anymore.

So I would really appreciate any help on how to proceed, which "buttons to press" so to say. :) Thanks! 

From my understanding, Microsoft currently has an internal policy of offering a free extended warranty of 3 years on Surface Book computers that were affected by the faulty hardware causing the battery to expand.

In some states and Canadian provinces, it's perfectly legal for them to only insure their products against defective hardware for 3 years.  The company can set that limit themselves.

In Quebec (where I live), the legal context is a bit different.

For example, a washing machine that starts malfunctioning after only 5 years is still under what we call a "legal warranty", regardless of what is promised by the manufacturer.  So, they need to replace it for free, or offer a refund, so you can get the equivalent of what you bought back then today.

So, if they can't send me a replacement (say a refurbished Surface Book unit with the same specs, or another computer that would offer roughly the same performances and capacities), they need to offer a refund that is the equivalent of how much I'd have to pay (tax included) to buy myself that same computer today.

Reasonably, that should at the very least be $600 USD ($800 CA)+ any applicable taxes (about 15% in Quebec), since had the product sold not been defective, I'd still be able to enjoy and use it today without having had to pay anything more.

If they are asking us to pay $600 USD ($800 CA) for a refurbished replacement, that means that my Surface Book is still worth at the very least as much, right?

Before going to court, though, you can try to negociate an arrangement that would prove beneficial for both parties (ex: a gift certificate in the amount of the residual worth of your defective computer, should you be open to buying a newer model from them).

So yeah, this is a rather complex issue, that all boils down to what the judge (if it goes to small claims court) would deem a reasonable amount of time for a $2300 CAD computer to last.

Microsoft says 3 years, I'd say AT THE VERY LEAST 5 years free of any defect that requires a full replacement (look, my power supply died after 2 years, and I just bought a new one without going to court over it.  That's the kind of stuff that can happen, and having to pay an extra $120 CAD in "repairs" on a computer after 2 years "sucks" and normally shouldn't happen, but is not the end of the world, either.  But for it to completely stop being in safe working order to the point where it can't be repaired after barely a little over 3 years of normal use, because of a well documented defect, and not because I misused it?!?!  Ah, nope!  That's not a normal thing for a 3 years and almost 5 months computer to do!  Batteries don't usually threaten to explode after that amount of time!  My boyfriend's 9 years old laptop's touch pad stopped working 2 or 3 years ago, I think, and he got a touch pad you can plug into the USB port.  That's all issues you can expect to see happening with normal use and age, not expanding batteries that are supposed to last the life of the product!).

And that's sort of the whole point of our "Consumer Protection Act", i.e. motivating companies to put quality products out there that won't suddenly stop working before they should, by holding them accountable for flaws and defects in the product's design, conception, or production that could prematurely shorten their usable life.

Here are some examples of such cases where the legal warranty has been invoked: 

https://www.opc.gouv.qc.ca/en/consumer/topic/garantie/garanties/examples-of-judgments-concerning-legal-warranties/computers-tablets/

But that's the legal context we have here, and thus the "buttons" I'm currently pushing, because I believe that they are not respecting the product's legal warranty.

I'd much rather achieve a settlement with them before going all the way to court, but if it can't be done, that's where we'll be headed.

So sadly, even if I do end up getting a free replacement, that won't guarantee that you will be able to benefit from the same legal protection.

When a company offers you an "extended warranty" on goods and products, here we typically disregard it given that if the product stops working before the end of its usable life because we were sold a defective unit, then we're covered anyway, regardless of what standard or extended warranties say.

But if those exist, I assume that it's legal elsewhere, and thus they can legally decide that 3 years if enough even if that makes absolutely no sense.

So you really need to reach out to the consumer protection offices (or the equivalent) of the area where you live and ask them about what your rights are, and what's the procedure to follow to exert them.

At least, that's what I've done here, and what I would do.

Guys, I thought I'd post an update since I'm not sure I did, but it worked.

As soon as I sent both Microsoft and "Bureau en Gros" (i.e. "Staples") the legal notice, a representative from Microsoft in Washington contacted me to offer me a refurbished Surface Book free of any charges (including shipping).

I'd actually sent a few pages from this thread with photos of other people's "bulge" (ok, that sounds a bit weird) to show them that this was clearly a manufacturing defect and they'd already recognized as much in prior cases.

They were also quick to ask if I could retract my complaint with the Consumer Protection Office, but sadly that's impossible.

A complaint is automatically filed AS SOON as you ask the Office here in Quebec for their help, and they document the issue.

If it happens too often, they might investigate.

HOWEVER, I could let them know the issue had been resolved / amicably settled, so they didn't publicly include that legal notice in the public searches database of their website.

The representative that contacted me was extremely quick to answer each e-mail and offered me the replacement right away.

I've a feeling the issue is so common, that unless the person shows clear willingness to take legal action against them, and sends them an official legal notice / files a complaint, their technical support employees are being told to "stick to the 3 years guideline", and not really bother, hoping the person will agree to pay the $599 USD for a refurbished model, or go away.

In my case, that's what it took, at least, and given our Legal Warranty Act and the fact that this was a well known defect of the product rather than misuse, I've a feeling I'd likely have won.

Or, you know, it's less costly to send a free refurbished product than pay a representative to go to the small claims court against me.

Either way, I did get a replacement for my first defective product, and although they say it is "guaranteed for X time", the legal warranty automatically transfers to the replacement product and has priority over any manufacturer's own warranty offer.

My friend, I hugely regret not doing that in the first place. I figured I would try and save some money and on paper, this looked like a top product. 

I will attempt to do the same! Thanks for the response!

I bought my Surface 3 Laptop, 256GB , extended warranty etc, intel etc  top of the line, and excited as I've been a fan of Microsoft products. 9 months on, I have replaced my computer 3 times which on the most recent time I had the pleasure of paying a small fee for. The latest, brand new laptop i've had for a week or so, maybe 10 days... it glitched and the whole screen went a vivid contrast in color and now is a hue of yellow across the whole thing. I need my laptop for editing images which is why i liked the surface as it is touch screen. 

I can't be replacing this P-O-S laptop for a forth time and waiting another 2 weeks for a replacement product.

I have loved it but I also have hated it with passion.  It was a mistake not to buy another manufactures product. This is not a premium product, it is hopeless . What is worse is now Covid has led to all the stores being closed, it is impossible to find a fast solution!

If there is a class action, please count me in and keep me posted.

Yeah, I felt the same way.  Why would I invest $600 on a refurbished model that could possibly have the same screen problem.  I decided to get a new laptop, but not a Microsoft Laptop.  I decided to purchase a Lenovo X1 Yoga Gen 5.  I'm not happy with Microsoft at all.

Well, I'm having the same issue. My screen is yellowing and the battery is causing the display to bulge making this "premium Microsoft product" unsafe and unusable. 

I contacted Microsoft support who let me know I'm outside the extended warranty period. Which was graciously extended because they know there's a defect with these.

Support offered me a same generation, refurbished model for CAD $1,000. So, another $1,000 for another Surface Book that will eventually have the same problem.

This issue absolutely needs legal action.

UPDATE:

I told Microsoft that I'm not satisfied paying $1,000 for another Surface Book and the support agent I was speaking to said he would pass my case along to someone higher up to see about another solution. 

Well, almost a month later I get an email from Microsoft Support. This time, they've offered me a Surface Pro 4 for $600 CAD. They want me to pay $600 to downgrade my laptop.

At this point it's almost like they're trying to add insult to injury. I'm so frustrated. 

UPDATE TO THE UPDATE:

Apparently the support agent made a typo. The latest offer is a refurbished Surface Book replacement for $600 CAD.

Again, why on earth would I spend another $600 for a laptop that will have the same issue eventually. 

Well, I'm having the same issue. My screen is yellowing and the battery is causing the display to bulge making this "premium Microsoft product" unsafe and unusable. 

I contacted Microsoft support who let me know I'm outside the extended warranty period. Which was graciously extended because they know there's a defect with these.

Support offered me a same generation, refurbished model for CAD $1,000. So, another $1,000 for another Surface Book that will eventually have the same problem.

This issue absolutely needs legal action.

UPDATE:

I told Microsoft that I'm not satisfied paying $1,000 for another Surface Book and the support agent I was speaking to said he would pass my case along to someone higher up to see about another solution. 

Well, almost a month later I get an email from Microsoft Support. This time, they've offered me a Surface Pro 4 for $600 CAD. They want me to pay $600 to downgrade my laptop.

At this point it's almost like they're trying to add insult to injury. I'm so frustrated. 

UPDATE TO THE UPDATE:

Apparently the support agent made a typo. The latest offer is a refurbished Surface Book replacement for $600 CAD.

Again, why on earth would I spend another $600 for a laptop that will have the same issue eventually.