Sales of goods act problem

bod1467

If you are so confident then get a report that states the PS3 had an inherent fault. Retailer is then obliged to cover the (reasonable) cost of the report and then offer a remedy per SOGA (repair, replace, refund - their choice and any refund may take account of usage so be a proportion of the purchase price).

THAT is what SOGA boils down to (in your case).

jamesgg

wealdroam wrote: »

Mark Hewitt is right.

Whether he is right or not doesn't come into it, there is no need to be rude and blunt to someone when they are looking for help, especially in this instance where i have a perfectly legitimate case.

somethingcorporate

You do have a case but I don't see you getting anything from it unfortunately. You bought a product that is expected to last 3 years, it lasted this long.

jamesgg

bod1467 wrote: »

If you are so confident then get a report that states the PS3 had an inherent fault. Retailer is then obliged to cover the (reasonable) cost of the report and then offer a remedy per SOGA (repair, replace, refund - their choice and any refund may take account of usage so be a proportion of the purchase price).

THAT is what SOGA boils down to (in your case).

Thanks for the reply.

Like i mentioned above, if i did get the report and it did prove to be a manufacturing fault and not my own, would i unquestionably receive a refund/replacement? Or is there still a possibility that they would deny me a remedy?

wealdroam

jamesgg wrote: »

So if i got the engineers report would they have no choice but to refund/replace my ps3?

If the engineer's report confirms that the fault is inherent, then the retailer must provide a remedy.
That remedy could be either a repair, replacement or a refund.
If it is decided that a refund is appropriate, then that refund can be a partial refund to take account of the use you have had from the product.
Although you can choose the remedy, the retailer can refuse that remedy if it is disproportionately costly.
So, effectively, the retailer chooses the remedy.

jamesgg wrote: »

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.

Do you have some proof of purchase for the thing?

jamesgg

wealdroam wrote: »

If the engineer's report confirms that the fault is inherent, then the retailer must provide a remedy.
That remedy could be either a repair, replacement or a refund.
If it is decided that a refund is appropriate, then that refund can be a partial refund to take account of the use you have had from the product.
Although you can choose the remedy, the retailer can refuse that remedy if it is disproportionately costly.
So, effectively, the retailer chooses the remedy.


Do you have some proof of purchase for the thing?

Thanks, i have no doubt it's a manufacturing fault so i will look to obtain a engineers report in the near future and get a remedy of some kind. Paying near enough £400 and only being able to use that product for a couple of years is ridiculous.

Do you have any suggestions on how i should go about contacting them once i get the report? I haven't contacted them in a couple of weeks or so since they said they said they wouldn't refund me, do i merely reply back with the engineer's report (if it proves to be a manufacturing fault) and then demand a remedy of some kind?

Yep, i have a proof of purchase.

wealdroam

jamesgg wrote: »

Paying near enough £400 and only being able to use that product for a couple of years is ridiculous.

But you said you bought it four years ago.
OK, it broke two years ago and presumably sat unused for that time, and the fault wasn't reported in that time?

I believe that it is reasonable for the retailer to reduce any refund by the full four years that you have had the thing.
You have no proof that it broke two years ago, do you? Maybe you don't need it, I don't know.
All I'm saying is that from the retailer's point of view you have had four years use of the product.

What is the value of a four year old PS3, in perfect working order of course?
I believe that that is probably all you are likely to get.

somethingcorporate

wealdroam wrote: »

But you said you bought it four years ago.
OK, it broke two years ago and presumably sat unused for that time, and the fault wasn't reported in that time?

I believe that it is reasonable for the retailer to reduce any refund by the full four years that you have had the thing.
You have no proof that it broke two years ago, do you? Maybe you don't need it, I don't know.
All I'm saying is that from the retailer's point of view you have had four years use of the product.

What is the value of a four year old PS3, in perfect working order of course?
I believe that that is probably all you are likely to get.

Tricky one. What would you say if the retailer said it is only expected to last 4 years hence your refund is 0?

Not sure market value has anything to do with it.

jamesgg

wealdroam wrote: »

But you said you bought it four years ago.
OK, it broke two years ago and presumably sat unused for that time, and the fault wasn't reported in that time?

I believe that it is reasonable for the retailer to reduce any refund by the full four years that you have had the thing.
You have no proof that it broke two years ago, do you? Maybe you don't need it, I don't know.
All I'm saying is that from the retailer's point of view you have had four years use of the product.

What is the value of a four year old PS3, in perfect working order of course?
I believe that that is probably all you are likely to get.

I never looked to get a refund before as i only found out about SOGA last recently

Edit: If they offer a refund of around £120/130 (four year old ps3's worth i should think), then i'd be happy with that.

wealdroam

somethingcorporate wrote: »

Tricky one. What would you say if the retailer said it is only expected to last 4 years hence your refund is 0?

Not sure market value has anything to do with it.

Yes, you are probably right.

And that is effectively what the retailer has already said...

jamesgg wrote: »

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.