Faulty PS3 from CEX

schlongers

Hi everyone,
I'm looking for a bit of clarification with regards to my consumer rights following a purchase of a second-hand PS3 from CEX.

On 25th Sep 2010 I bought a 60GB PS3 from CEX in High Wycombe.
On the 24th Sep 2011 I took it back as it had developed a display fault (graphics card I think).
They complained at first saying how it had 'conveniently' developed a fault with a day to go but after testing it they reluctantly offered to repair or replace.
I left my home and mobile details but heard nothing back after 2 weeks so sent an email to them asking for an update.
High Wycombe is a 40 minute journey and I didn't want to go in too early for fear of a wasted journey but went in on Friday (14th Oct) and was offered platitudes: "We called a few times but nobody answered, and left messages" etc. We had no missed calls or messages but that's by-the-by.
They said that the PS3 was terminal so offered a replacement (they offered a 40GB but replaced the hard drive with my old one to make it a 60GB one). They switched it on and put in a Blu Ray disc and a game to prove that it works, which it did. They reluctantly offered a further 28 day warranty so my first question is this:

Should I have been given the additional warranty bearing in mind that my original 1-year warranty had expired, or, as it is a replacement item, should I have been given another full year?
The Sale of Goods Act (SOGA) gives some clarity with regards to a 6 year period for return, with a reduced refund for usage, but I just wanted a replacement and have some form of cover so that I would have come-back if it broke down within a week of getting it home.

As it happened, this weekend I set it up and played on it; after 10 mins of play the cooling fan kicked in and it was so noisy I could hear it from upstairs.
This is clearly not 'fit for purpose' so I will have to take it back and go down the repair or replace option again. I am a bit fed up of this now and so my next question is this:

Am I entitled to a full refund? if I accept a credit note and opt to pay more to upgrade to a newer model (slimline) should I get a full year's warranty again?

Thanks for taking the time to read this; I would be very grateful for your thoughts or advice.
Pete

leebtyler

you dont need a warranty, the sale of goods act covers you.
it doesnt matter that it was a replacement, your purchase began the date of the exchange.

if it is faulty you have another 5 years under the act to bring a claim.

can you ask for a refund? yes. will you get one? no.

cex have met their obligations (amazingly) under the sale of goods act by offering a repair or replacement, they couldnt repair so they replaced, they only have to do what it least inconveient for you and least expensive for them at this stage which = replacement.

leebtyler

and yes, if you bought something else, aslong as its NEW you get the manufacturers warranty, if it is second hand you get no warranty at all, however i understand CEX offer a 12 month warranty of their own apparently, so yes it would start again as it is new to you. (if that makes sense)

your contract of sale starts the day you exchange, not dating back to your original purchase.

Olokia

I don't know that law but I do know a bit about CEX's policy which should be the law.

They have to give you the 28 days warranty as you have just bought the item but your warranty started with the previous ps3 and doesn't restart with the replacement. Warranties with other stores are the same.

They will not give you a full refund. They can choose between refund, repair and replace when in the warranty and they never choose refund unless it is in the first 28 days (of the first ps3 not any replacements). They will try to repair and then replace in that order.

You won't get a credit note either so you can't use that to buy a new one to get the warranty. (Not to sure on this bit) but I don't think they will let you upgrade to a more expensive one either because it will be confusing with the warranty.

If you get this one replaced, then your 28 day warranty will restart but I don't see anyway of you getting a year warranty back again. Unless you sold the replacement ps3 and then bought another one. Although unless you sell it on ebay or to a friend you won't get enough money from CEX or the others to buy another one. Might be cheaper in the long run if the ps3 breaks again within a year but its a gamble.

arcon5

Olokia wrote: »

They have to give you the 28 days warranty as you have just bought the item but your warranty started with the previous ps3 and doesn't restart with the replacement. Warranties with other stores are the same.

They will not give you a full refund. They can choose between refund, repair and replace when in the warranty and they never choose refund unless it is in the first 28 days (of the first ps3 not any replacements). They will try to repair and then replace in that order.

You won't get a credit note either so you can't use that to buy a new one to get the warranty. (Not to sure on this bit) but I don't think they will let you upgrade to a more expensive one either because it will be confusing with the warranty.

If you get this one replaced, then your 28 day warranty will restart but I don't see anyway of you getting a year warranty back again. Unless you sold the replacement ps3 and then bought another one. Although unless you sell it on ebay or to a friend you won't get enough money from CEX or the others to buy another one. Might be cheaper in the long run if the ps3 breaks again within a year but its a gamble.

leebtyler wrote: »

and yes, if you bought something else, aslong as its NEW you get the manufacturers warranty, if it is second hand you get no warranty at all, however i understand CEX offer a 12 month warranty of their own apparently, so yes it would start again as it is new to you. (if that makes sense)

your contract of sale starts the day you exchange, not dating back to your original purchase.

Sorry guys, but this not correct.

Warrantys are in addition to a persons statutory rights, no company is ever under any obligation to offer one with products, it is though unlikely people would have confidence in buying their products if they don't.

Many warrantys infact have a 'one-use' rule, if you use it once it is nolonger valid. Even if this is not the case, you do not automatically have any rights for the warranty to renew -- again down to company policy and warrany terms.

This does not affect your statutory rights.

Also, your contract starts the day of purchase. Not on the day of exchange. If you purchased a product with a 4 year life expectancy which was repaired at 3.5yrs, if it then broke agter 6 months, you would have no additional rights as it has lasted a reasonable time and they fulfilled their SOGA duties.

schlongers

arcon5 wrote: »

Sorry guys, but this not correct.
If you purchased a product with a 4 year life expectancy which was repaired at 3.5yrs, if it then broke agter 6 months, you would have no additional rights as it has lasted a reasonable time and they fulfilled their SOGA duties.

So are you saying that they could legally provide a faulty replacement on the last day of a warranty as once it's home and found not to be working it would be too late to return the next day? Surely that's not right!

arcon5

schlongers wrote: »

[1] Should I have been given the additional warranty bearing in mind that my original 1-year warranty had expired, or, as it is a replacement item, should I have been given another full year?
The Sale of Goods Act (SOGA) gives some clarity with regards to a 6 year period for return, with a reduced refund for usage, but I just wanted a replacement and have some form of cover so that I would have come-back if it broke down within a week of getting it home.

As it happened, this weekend I set it up and played on it; after 10 mins of play the cooling fan kicked in and it was so noisy I could hear it from upstairs.
This is clearly not 'fit for purpose' so I will have to take it back and go down the repair or replace option again. I am a bit fed up of this now and so my next question is this:

[2] Am I entitled to a full refund? if I accept a credit note and opt to pay more to upgrade to a newer model (slimline) should I get a full year's warranty again?

Thanks for taking the time to read this; I would be very grateful for your thoughts or advice.
Pete

[1]
I think you've been incredibly lucky they provided the extra 28 days warranty.

Well done on getting that.

This doesn't affect your rights under SOGA though. Remember, claiming under SOGA and under the terms of the Warranty are different.

[2]
Your not entitled to a refund. Just a remedy. If they did offer a refund they can also deduct a fair amount for the usage to-date.
If you accepted a credit note though, and then purchased new goods, from what i'm aware it would be a new sales contract and wouldn't roll on from the previous warranty -- also givig you the advantage of the 6month rule under SOGA startign again (6 month rule being within the first 6 months the burden being on the retailer to prove a fault is not inherent, after 6 months on the retailer)

arcon5

schlongers wrote: »

So are you saying that they could legally provide a faulty replacement on the last day of a warranty as once it's home and found not to be working it would be too late to return the next day? Surely that's not right!

In the example I posted, yes. In your case no.
Imagine this, a 50" TV has a life expectancy of 5 yrs, every 4.5yrs a fault developes and you manage to get a repair/replacement -- in 4.5 more years the same again -- so far you have had a TV which is expected to last 5 years for 9yrs. It doesn't work like this though, if a product lasts a reasonable time before failing, you would struggle to get a remedy from the retailer.

Clearly your product has a life expectancy of more than one year and therefore hasn't lasted a reasonable time under SOGA. So you should have rights under SOGA. (Remember, SOGA & the Warranty are different -- SOGA is a legal obligation on the retailer, Warranty is offered as part of company policy).

Only problem being, after 6 months of sale the burden of prove is on you to prove the fault is inherent (shouldn't be hard to do since you was given a replacement so recently) -- if so they can offer a replacement, repair or refund.

However, they gave you an extra 28day warranty (fortunately) so it would be easier to claim on the warranty.

HTH

somethingcorporate

arcon5 wrote: »

Only problem being, after 6 months of sale the burden of prove is on you to prove the fault isn't inherent (shouldn't be hard to do since you was given a replacement so recently) -- if so they can offer a replacement, repair or refund.

Whoops! I think you mean was/is inherent!

Olokia

arcon5 wrote: »

Sorry guys, but this not correct.

So what is this 28 day warranty thing that most electronic companies give with their products then. CEX wouldn't give it unless they had to so there must be something which says they have to provide it.

Anyway what I said was correct. CEX give you a 28 day warranty with electronic items and if you replace within that time due to a fault then the 28 day warranty will restart. The only time they give a refund on a faulty item is within the first 28 days of when you first bought the item.

arcon5

Olokia wrote: »

So what is this 28 day warranty thing that most electronic companies give with their products then. CEX wouldn't give it unless they had to so there must be something which says they have to provide it.

Anyway what I said was correct. CEX give you a 28 day warranty with electronic items and if you replace within that time due to a fault then the 28 day warranty will restart. The only time they give a refund on a faulty item is within the first 28 days of when you first bought the
item.

It is just something the company provide, to encourage sales? increase confidence in consumers buying their products? It is not a legal requirement to offer a warranty, nor do they have to provide one.

Also, if a manufacturer don't offer a warranty, it is unlikely a retailer will want to sell their products as a persons statutory rights are with the retailer and not the manufacturer.

This doesn't affect your statutory rights, they are independant to a warranty.

If CEX give an extended 28day warranty when repalcements are issued then that is down to their company policy, thats all. No legal requirement.

It's not good to think because a retailer offers X that it is a requirement by law. For example, most clothing stores have an X day exchange/returns policy if you change your mind -- however you can't assume all stores offer this is there is no legal obligation for them to accept returns at all in such situations (excluding distance sales), it is merely company policy