Who do I send faulty console back to - Amazon or Microsoft?

ExNicotineQueen

Hi all,

I purchased an Xbox 360 Elite from Amazon on 29th April 2009. For the past week or so the Xbox was acting glitchy i.e. freezing, not recognising game is in the disc tray, titles purchased from Xbox Live Arcade are not on the hard drive anymore, accessing dashboard is very slow or freezes etc. I have had a 360 before and I know the earlier models were prone to RROD but I had heard the Elite’s were made with a new chip so didn’t expect this problem to occur.

Whilst I haven’t had RROD yet, effectively I am left with a console unable to play games or even the games I bought, downloaded and paid for. I e-mailed Amazon on Tuesday asking for a replacement and this is what they said;

Dear Customer,

Thank you for contacting Amazon.co.uk regarding your order xxx

I'm sorry to hear of the issues you experienced with your "Xbox 360
Elite Console (120 GB Hard Drive) ".

We received your replacement request for the defective/damaged item
"Xbox 360 Elite Console (120 GB Hard Drive)"; however, in this
instance we would recommend you contacting the manufacturer and
discussing the situation with them.

Unlike Amazon.co.uk, they will have specialist knowledge of their own
products. In many cases they may be able to diagnose and resolve your
issue immediately over the telephone, or be able to get your items
repaired or replaced quickly because of their technical expertise
and/or replacement stock availability.

You may contact "Microsoft" by using the following:

Website: http://support.microsoft.com/contactus/?ws=support

Telephone Number :0870 60 10 100

E-mail Address: http://support.microsoft.com/gp/contactUsUK/?sd=gn&ln=en-gb


If you would like to know about our returns policy, please check the
following Help Desk link:

http://www.amazon.co.uk/gp/help/customer/display.html?nodeId=502480

You can also call our Customer Service to discuss about this issue
from Monday to Saturday, 8:00 am -- 6:00 pm (GMT)

Free phone (within the UK): 0800 496 1081
International customers can reach us at 0044 (0) 207 084 7911

If you have already contacted the manufacturer or if they are unable
to provide a satisfactory solution in this regard, please contact us
via the following link and we will be happy to assist you further:

https://www.amazon.co.uk/gp/help/contact-us/general-questions.html

We hope that you find this information helpful. We appreciate your
business and hope to see you soon at Amazon.co.uk.

I am reluctant to send the console to Microsoft because with my previous 360, I had to send it back on 6 separate occasions in the space of 2 years. In my experience, if the console is faulty, it will keep on ending up back in repairs sooner or later and to be honest, it was one of the reasons I chose to upgrade to an Elite model so I wouldn’t be faced with this hassle again. Maybe it’s just my bad luck with 360’s as my friends who have an Elite haven’t had any problems with theirs. :rolleyes:

My question is, are they correct in me pointing me in the direction of seeking redress via Microsoft even though I bought the console from Amazon 2 months ago? Shouldn’t it be down to Amazon to send the console to Microsoft and send me a replacement? Is there anything in the Consumer Rights Act or Sale of Goods Act that can help me fight my case with Amazon?

Thanks

ABH_3

AIUI Microsoft as you know accepted liability for the console continually breaking down, as a previous owner of such a console you also know of the liabilities of owning one.

IIRC it's only the later models of xbox that don't have some problem, or is that that they run cooler? I suspect the latter. But in answer to your above question, yes Microsoft are best placed to solve the problem. That is unless of course you wish to 'reject the Microsoft Xbox' as is your right under the sales of goods act 1979 due to its varied 'inherent faults' that you've just become aware of, of course

If that was the case, then you would ask amazon for the return of your money on that basis and then go out and buy a set of drums or something less problematic to run\use

HTH

4743hudsonj

ABH wrote: »

AIUI Microsoft as you know accepted liability for the console continually breaking down, as a previous owner of such a console you also know of the liabilities of owning one.

IIRC it's only the later models of xbox that don't have some problem, or is that that they run cooler? I suspect the latter. But in answer to your above question, yes Microsoft are best placed to solve the problem. That is unless of course you wish to 'reject the Microsoft Xbox' as is your right under the sales of goods act 1979 due to its varied 'inherent faults' that you've just become aware of, of course

If that was the case, then you would ask amazon for the return of your money on that basis and then go out and buy a set of drums or something less problematic to run\use

HTH

the main components run cooler but the issue still remains.

cooler running merely prolongs the arrival of an issue

Esqui

ABH wrote: »

That is unless of course you wish to 'reject the Microsoft Xbox' as is your right under the sales of goods act 1979 due to its varied 'inherent faults' that you've just become aware of, of course

After 2 months, and presumably having installed games and things on it, Amazon could quite easily deem you to have accepted the goods, so this wouldn't be possible

ABH_3

Esqui wrote: »

After 2 months, and presumably having installed games and things on it, Amazon could quite easily deem you to have accepted the goods, so this wouldn't be possible

A ye have little faith: You could look at it that way that's true. You could also suggest that the OP was quite satisfied with the item until she (ExNicotineQueen) discovered the inherent faults that were many and varied, at which point she would be within her rights to reject the item.

Of couse Amazon might sugest that the item was working, but then the OP has the 'Reversed Burden Of Proof' on their side. That would be the one where the vendor\retailer would have to prove within the first 6 months that the item they sold was not faulty. But seeing as there are such a large number of xboxes flying around that are returning to microsoft for repair. I suspect they will not bother.

HTH

ABH_3

4743hudsonj wrote: »

the main components run cooler but the issue still remains.

cooler running merely prolongs the arrival of an issue

Yes, as it transpires I've just read someone saying such a thing in the techie forum: http://forums.moneysavingexpert.com/showpost.html?p=23002225&postcount=8 seems having even 'extra cooling' doesn't help, still it must be due for a redesign soon. Perhaps they'll go with a case such as this: http://www.quietpc.com/gb-en-gbp/products/gaming/xbox-lianli-case

Thank you for the clarification however.

4743hudsonj

ABH wrote: »

Yes, as it transpires I've just read someone saying such a thing in the techie forum: http://forums.moneysavingexpert.com/showpost.html?p=23002225&postcount=8 seems having even 'extra cooling' doesn't help, still it must be due for a redesign soon. Perhaps they'll go with a case such as this: http://www.quietpc.com/gb-en-gbp/products/gaming/xbox-lianli-case

Thank you for the clarification however.

well if you ever take an xbox apart(a repaired and old one) you see all the nice important components sitting in a big space with the fan(not the greatst but adequate). you then take it out and flip it, expecting to see nothing due to the common sense that no idiot would put components on the under side of a main bored with NO cooling or even space to cool, let alone a big corporationg like MS right?

well well well, what do you see, 4 little black chips, with about 1mm to breathe frome the side of the case, and no access to the cooler air on the other side. they also have very crappy silicone heat pads fitted. dont really do much

in the repaired model, all i saw different was slightly better silicone heat sink pads on the chips, and no other visible signs so i dunno where this cooler running is from

the fact is theyve put these "not important" chips in the most stupid of all places, and its causing massive failures. no repair could change this, only a completely new main board design which wont happen unless they have a bigger main board or use different smaller components.

so yeh, after learning this i got my brother to use a gel pack from a fridge on the side of the x box where the chips are 1mm away when hes on it for 1hr+

hopefully it will aid cooling.