Sales of goods act problem

jamesgg

Four years ago i purchased a PS3 from Game and a couple of years later it broke down. It's only come to my realisation recently (last couple of months or so) that if a purchased item breaks down due to a manufacturing fault and not my own within 6 years of purchase then i can claim a refund/replacement using the sales of goods act.

I have contacted the store that i bought the PS3 from on two occasions, stating my situation and how my PS3 is broken down due to a manufacturing fault and not my own, and both times they have refused to give me a refund/replacement, this was the reason they game me in their last email:

taking into consideration the age of your machine we believe that it has performed within expectation and has proved to be durable with in excess of 3 years usage.

What they believe is a decent time frame for durability should not and does not come into it, the sales of goods act states 6 years. Does anyone have any opinions/suggestions on what my next step should be? They don't have a leg to stand on if it went to court.

Edit: Bris, i would have no problem acquiring an engineers report if that was entirely necessary, but i would first need to know from the store that they would refund me if the engineers report stated it was a manufacturing fault (which it was) , otherwise it would be pointless and a waste of money getting one.

Mark_Hewitt

jamesgg wrote: »

Four years ago i purchased a PS3 from Game and a couple of years later it broke down. It's only come to my realisation recently (last couple of months or so) that if a purchased item breaks down due to a manufacturing fault and not my own within 6 years of purchase then i can claim a refund/replacement using the sales of goods act.

Wrong.

I have contacted the store that i bought the PS3 from on two occasions, stating my situation and how my PS3 is broken down due to a manufacturing fault and not my own, and both times they have refused to give me a refund/replacement, this was the reason they game me in their last email:

taking into consideration the age of your machine we believe that it has performed within expectation and has proved to be durable with in excess of 3 years usage.

What they believe is a decent time frame for durability should not and does not come into it, the sales of goods act states 6 years. Does anyone have any opinions/suggestions on what my next step should be? They don't have a leg to stand on if it went to court.

Edit: Bris, i would have no problem acquiring an engineers report if that was entirely necessary, but i would first need to know from the store that they would refund me if the engineers report stated it was a manufacturing fault (which it was) , otherwise it would be pointless and a waste of money getting one.

They are entirely correct in their assertion.

BottomRung

Many many PS3's die all the time and your only option it seems is to pay Sony £140 for a replacement refurbished machine or buy a new one. I agree they are poorly made and should last a reasonbale length of time being as they were over £400 new but you will not get it replaced free no matter what you do. I've tried before but got nowhere. I just decided I wouldn't spend any more money on Sony products and moved on.

Good luck and I hope you do get a replacement but it'll be a long uphill struggle sadly.

jamesgg

BottomRung wrote: »

Many many PS3's die all the time and your only option it seems is to pay Sony £140 for a replacement refurbished machine or buy a new one. I agree they are poorly made and should last a reasonbale length of time being as they were over £400 new but you will not get it replaced free no matter what you do. I've tried before but got nowhere. I just decided I wouldn't spend any more money on Sony products and moved on.

Good luck and I hope you do get a replacement but it'll be a long uphill struggle sadly.

Thanks for the reply.

The thing is, i have seen a thread on this on another forum and many, many posters have reported back saying that they have used the sales of goods act and got a refund/replacement for their faulty ps3.

My ps3 died within 6 years (2 years to be exact, but fair enough i have no way of proving this), and it was down to a manufacturing fault, surely i should be eligible for a refund when you consider the terms of the sales of goods act?

jamesgg

Mark_Hewitt wrote: »

Wrong.



They are entirely correct in their assertion.

Thanks, merry christmas.

Hazel1980

Was it the yellow light of death?

Our PS3 died a couple of years ago after 2 year and 3 months from this and Game gave us £200 voucher towards a new one. I asked how long they would expect it to last and they said 3 years so this seems to be there rules on PS3 life expectancy.

I thik the sales of goods act says up to six years.

wealdroam

Mark Hewitt is right.

There is nothing in the Sale of Goods Act that says anything has to last six years.

Have you read MSE's Consumer Rights article?

In there you will find phrases like "up to six years" and "depending on price paid".

You will also find info on the engineer's report, and the fact that the retailer must refund the cost of that report if the thing is found to be inherently faulty.

stugib

jamesgg wrote: »

My ps3 died within 6 years (2 years to be exact, but fair enough i have no way of proving this), and it was down to a manufacturing fault,

Prove it.

jamesgg wrote: »

surely i should be eligible for a refund when you consider the terms of the sales of goods act?

If you prove it, you'd be entitled to repair/refund, or if they're uneconomical (according to the retailer), a partial refund.

jamesgg

stugib wrote: »

Prove it.


If you prove it, you'd be entitled to repair/refund, or if they're uneconomical (according to the retailer), a partial refund.

So if i got the engineers report would they have no choice but to refund/replace my ps3? I have no doubts it's a manufacturing fault but i don;t want to spend money on a engineers report if it will come to nothing.

jamesgg

Hazel1980 wrote: »

Was it the yellow light of death?

Yep, Sony have made a fortune out of this.

somethingcorporate

The refund would take into account the useful life you have had from it. If they assume a useful life for a PS3 is 3 years and you've had it for that long your refund would be 0.

The six years is a bit of a red-herring, that is the time in which you can bring action against a retailer in, not how long a product should last. As an example you wouldn't expect an ice-cream to last 6 years.