Returning A Faulty Hard Drive

Fire_Fox

withabix wrote: »

Incidentally, you can't insist on refund or replacement - it's up to the retailer.

The retailer also isn't liable for consequential loss - ie if you choose to buy another hard drive to use in the time you are without the original one, it's not their problem.

I read the Sale of Goods Act to say that the decision as to whether to repair or replace is largely up to the buyer.

"48B Repair or replacement of the goods
(1) If section 48A above applies, the buyer may require the seller—
(a) to repair the goods, or
(b) to replace the goods.

(2) If the buyer requires the seller to repair or replace the goods, the seller must—
(a) repair or, as the case may be, replace the goods within a reasonable time but without causing significant inconvenience to the buyer;
(b) bear any necessary costs incurred in doing so (including in particular the cost of any labour, materials or postage).

(3) The buyer must not require the seller to repair or, as the case may be, replace the goods if that remedy is—
(a) impossible, or
(b) disproportionate in comparison to the other of those remedies, or
(c) disproportionate in comparison to an appropriate reduction in the purchase price under paragraph (a), or rescission under paragraph (b), of section 48C(1) below.

(4) One remedy is disproportionate in comparison to the other if the one imposes costs on the seller which, in comparison to those imposed on him by the other, are unreasonable, taking into account—
(a) the value which the goods would have if they conformed to the contract of sale,
(b) the significance of the lack of conformity, and
(c) whether the other remedy could be effected without significant inconvenience to the buyer.

(5) Any question as to what is a reasonable time or significant inconvenience is to be determined by reference to—
(a) the nature of the goods, and
(b) the purpose for which the goods were acquired."

djb215

Fire_Fox wrote: »

I read the Sale of Goods Act to say that the decision as to whether to repair or replace is largely up to the buyer.

"48B Repair or replacement of the goods
(1) If section 48A above applies, the buyer may require the seller—
(a) to repair the goods, or
(b) to replace the goods.

(2) If the buyer requires the seller to repair or replace the goods, the seller must—
(a) repair or, as the case may be, replace the goods within a reasonable time but without causing significant inconvenience to the buyer;
(b) bear any necessary costs incurred in doing so (including in particular the cost of any labour, materials or postage).

(3) The buyer must not require the seller to repair or, as the case may be, replace the goods if that remedy is—
(a) impossible, or
(b) disproportionate in comparison to the other of those remedies, or
(c) disproportionate in comparison to an appropriate reduction in the purchase price under paragraph (a), or rescission under paragraph (b), of section 48C(1) below.

(4) One remedy is disproportionate in comparison to the other if the one imposes costs on the seller which, in comparison to those imposed on him by the other, are unreasonable, taking into account—
(a) the value which the goods would have if they conformed to the contract of sale,
(b) the significance of the lack of conformity, and
(c) whether the other remedy could be effected without significant inconvenience to the buyer.

(5) Any question as to what is a reasonable time or significant inconvenience is to be determined by reference to—
(a) the nature of the goods, and
(b) the purpose for which the goods were acquired."

Did you consider part 3 (a,b,c)?

Yes it says "without significant inconvenience", but this is to stop the manufacturer/seller taking 3 weeks to repair it rather than 10 days for example. The buyer has to allow time for the seller to repair it/get it repaired. It is uneconomical to simply replace/refund without inspection/chance to repair.

It is the ultimate decision of the retailer - the only way to challenge this is go to to court, but TBH by the time you've done the court case etc it could be repaired and returned...

barrymung

To be honest I have always returned HDD's direct to the manufacturer, unless DOA.

Fill in some info on the manf's website, send off your old drive and a new one turns up a few days later. No fuss.

Fire_Fox

djb215 wrote: »

Did you consider part 3 (a,b,c)?

Yes it says "without significant inconvenience", but this is to stop the manufacturer/seller taking 3 weeks to repair it rather than 10 days for example. The buyer has to allow time for the seller to repair it/get it repaired. It is uneconomical to simply replace/refund without inspection/chance to repair.

It is the ultimate decision of the retailer - the only way to challenge this is go to to court, but TBH by the time you've done the court case etc it could be repaired and returned...

I assume that a two month old electrical item accepted for repair by the seller would be returned to the manufacturer under the warranty. It's therefore always going to be more cost effective than for the seller to replace.

If the item is replaced the seller has all the time in the world to inspect and repair the item. In the mean time the customer is able to utilise the item they paid for - two weeks without your only PC or only television is a long time.

Having said that, next time I buy a computer item I am heading straight to PC World. A family member has has problems with a notebook they purchased back in September. It was replaced once and has just been returned with a new fault - she was offered an in-store repair, an at-home repair or replacement part (battery) to fit herself. Can't say fairer than that. :T

Apples2

Anyone have any idea what happens if the item gets returned with a statement of No Fault Found but it doesn't work??

I posted in the Techy Forum but it may have been better in Consumer advice

http://forums.moneysavingexpert.com/showthread.html?t=1720487

Hi chaps,
I recently bought a new graphics card

BFG 9600GT OC2 512MB Dual DVI HDTV Out Cuda and PhysX ready PCI-E Graphics Card

I got it as an upgrade to my HP dx2250 pc which currently has another PCI-express x16 card fitted and working fine

I fitted it, along with the additional power cables (PSU is 500w and has a dedicated plug for PCI-e cards)

I get nothing out at all, the monitor remains on standby.

Nothing to do with drivers as it doesn't even get to BIOS, nothing at all. Monitor light remains orange instead of going blue when it gets an input.

I took it to a friends house and tried it in his machine, same thing. No output at all (the fan on the card does spin)

I've tried both DVI plugs on the card but absolutely nothing.

I returned it as DOA.

Ebuyer received it in the Tuesday for testing.
On Thursday I get a parcel

Same card inside. It doesn't even look like it has been out of the box.

There is a comment on Ebuyer saying, Tested, no fault found, please check your other system components.

I seriously believe they simply returned it without doing anything to it.


I am sure this thing is goosed but what do I do now??

I've tested it on two machines, all the specs of the machines are suitable, both are already running PCI-e cards, both PSU's are powerful enough.

I've looked for updated BIOS etc for my machine but nothing. I can search out forums where owners of the same machine (dx2250) are using the same model card with no problems

There are no board jumpers or BIOS options to change (BIOS is already set to initialise PCI-ex first)

4743hudsonj

Fire_Fox wrote: »

I assume that a two month old electrical item accepted for repair by the seller would be returned to the manufacturer under the warranty. It's therefore always going to be more cost effective than for the seller to replace.

If the item is replaced the seller has all the time in the world to inspect and repair the item. In the mean time the customer is able to utilise the item they paid for - two weeks without your only PC or only television is a long time.

Having said that, next time I buy a computer item I am heading straight to PC World. A family member has has problems with a notebook they purchased back in September. It was replaced once and has just been returned with a new fault - she was offered an in-store repair, an at-home repair or replacement part (battery) to fit herself. Can't say fairer than that. :T

oh god


please dont


every techie on here will back me up on this

steer well clear of dsgi ie pc world dixons and currys


they have one of the worst (if not the worst) customer service reputations of them all (electronics)


they are notoriously oblivious to the law and even their own contracts


avoid them like the plague or you will be back on here asking for draft letters to complain like many many others.

there are far more companies that deserve your custom and will be much better

Fire_Fox

4743hudsonj wrote: »

oh god
please dont

every techie on here will back me up on this

steer well clear of dsgi ie pc world dixons and currys

they have one of the worst (if not the worst) customer service reputations of them all (electronics)

they are notoriously oblivious to the law and even their own contracts

avoid them like the plague or you will be back on here asking for draft letters to complain like many many others.

there are far more companies that deserve your custom and will be much better

I always understood these companies had a rubbish reputation, hence why I went to Staples. However my family member has been unlucky with her notebook, but so far prompt, no-quibble service. Having walked right out of Staples and right into PC World with my family member, the difference in customer service was striking.

Who would you recommend? I am not keen to buy online tho have considered Amazon as their customer service is generally very good. Thanks!