xbox 360 faulty after one week

Marmaris08

Hi all,

I'm posting this on behalf of someone else who put this on another forum, I'm sure the good people at MSE can add very good advice on what to do next.

Hi all, need some advice.
I got a brand new Xbox 360 from Comet last Saturday, and a handful of games at the same time. Had no problems up until a few days ago when Modern Warfare 2 kept getting a read error at certain points. I took the disc out and noticed a circular scratch all around the center.
Took it back to Comet today (the game that is) who said it's my Xbox that caused the scratch, so they can't replace it. When I asked if they would replace my just over 1 week old Xbox, they said no.
This is apparently a known fault, so there is a 99% chance the Xbox was faulty when they sold it to me, I was under the impression that in that situation they had no choice and had to offer me a replacement?

They said I have to phone up Microsoft and get it sent off for a repair. I don't see why I should have to considering I've only had it a week.

I've had no problem with any of the other games, and I haven't touched my Xbox while it's had a disc in it

I'm planning to go back to Comet tomorrow with my Xbox, can they legally refuse me a replacement (Both for the Xbox and the game)??
Failing that, can they refuse me a refund?

neilmcl

If you/they say you've had not seen the same problem with any of your other games then either the MW2 disc is faulty, ie, slightly warped, or, and this is probably more likely, it was incorrectly placed into the Xbox 360 in the first place. If the Xbox was faulty you would see this sort of thing on all games.

However, if Comet agreed that this is a known fault with your Xbox, then they are legally obliged, under the SOGA, to offer you a full refund as its within what most people would recognise as a reasonable time from purchase. At the very least they can offer a repair or replacement but which is down to Comet.

pmduk

It is a known problem. I'd certainly expect comet to replace both. In a week old unit they need to prove it is not an inherent fault to avoid SOGA. Can't see how they can begin to do that.

Mankysteve

Under SOGA your entitled to a refund /replacement if the item fails within a reasonable time period usually considered 28days. The retailer can still send the item off for testing if they wish just that if its faulty then its up to you whether you have a replacement or repair.

I would go back remind them of there obligation under SOGA and if they want to have it tested then its up to them to sort with microsoft not you as your contract is with Comet not Microsoft.

Esqui

Mankysteve wrote: »

Under SOGA your entitled to a refund /replacement if the item fails within a reasonable time period usually considered 28days.

It's actually just the time it takes you to "accept" the goods (test them properly), the 28 days is an extended time to avoid legal arguments.

And I certainly would have expected them to swap either the game or the Xbox once they can clarify which is faulty.

4743hudsonj

Mankysteve wrote: »

Under SOGA your entitled to a refund /replacement if the item fails within a reasonable time period usually considered 28days. The retailer can still send the item off for testing if they wish just that if its faulty then its up to you whether you have a replacement or repair.

I would go back remind them of there obligation under SOGA and if they want to have it tested then its up to them to sort with microsoft not you as your contract is with Comet not Microsoft.

as said be very careful when giving advice on SOGA you have mixed fact with misconception, its merely the time it would take a reasonable person to inpect and accept goods which, only a judge could decide.

Mankysteve

Hence why I said usually considered 28days not is 28days.

Esqui

I don't think it is usually considered 28 days. Lots of stores have 14 days, or 30 days, or 90 days.

As I said, for most items, the legal period could reasonably be considered to end after as little as a couple of days.

DCFC79

Ive not had a console put rings on my discs and i know 2 other people who havent had a problem with the rings

mestew

Did you knock or cause any form of harsh vibration and that fault with the disk occurs if the unit is knocked

Venkman_2

Just one thing.

What way do you have your xbox. Horizontal or vertical.

If it is the latter this is the issue. They are designed to work flat as if its vertical it causes more stress on the disc drive and will end up with "burn" rings around the disc

Or if not then the xbox would of been moved or jolted as I had this happen to me and they wouldnt touch it. I googled it and found out why it had happened and was told to never have it horizontal.

Its not a console error though im afraid its more user error