Faulty Hard Drive - What To Do

WildWayz

Hi guys

18 months ago, I bought a 2TB Buffalo USB3 External Hard Drive from eBuyer and last week it died on me (started with slower transfer rates into totally not working now).

It has a 2 year warranty with it, so I called up eBuyer to raise an RMA. They said I need to speak to Buffalo as eBuyer only cover it for the 1st year, then Buffalo cover it for the 2nd year.
They said if Buffalo issue a Product Return Form to me, then eBuyer will replace it directly, otherwise it has to be sent back to Buffalo.

So I called Buffalo and they are refusing to send me this form and insist I post it back to them at my expense. Not a problem, until I realised they are in The Netherlands.

Checked some prices, and it will cost me around £20-£25 to post back to them, with no tracking outside the UK and insurance up to £40 (which i'd need to pay more to cover it for the real value).

eBuyer are refusing to budge. Buffalo are refusing to budge too. If i'd have known that Buffalo's support wasn't in the UK, i'd have never bought the device!

Does anyone know what my rights are?

Thanks

James

bris

You need to either go down the route of the warranty, in this case Buffalo dictate the terms, if that means postage at you expense then they can insist on this. A warranty is over and above your statutory rights.

Or you go down the SOGA route, this means you deal with the retailer, but it also means that because it's over 6 months you will need an independant engineers report to state it has an inherent fault, this is not going to be easy to organise because of the nature of a hard drive. This report will cost more than postage with little hope of an outcome to suit you.

For the postage cost it would be worth just sending to Buffalo for a replacent, £25 for 18 months use isn't too bad.

WildWayz

Thanks

Just an update. I wrote a stern email to Buffalo asking for that form again as I am not happy posting it to The Netherlands.
I gave them 3 options:
1) Send me a Product Return Form so eBuyer will replace it.
2) Arrange for it to be collected at their expense.
3) Send a replacement out.

They caved and sent me the PRF. So no eBuyer are collecting it on Friday

James

neilmcl

Good for you, well done. :T

WildWayz

Just an update, and I am pretty sure this is illegal considering it is within the warranty period:

Following extensive tests by our Returns staff, this item was found to be faulty. Therefore a refund will be issued once the RMA has been closed.

As per section 9.2 of our terms and conditions and in line with the Sale of Goods Act 1979, as this item is over 6 months old you will only qualify for a proportionate refund of the original purchase price. Therefore we are unable to issue a replacement as initially requested.

More details can be found in the Your Account section of www.ebuyer.com.


Please note; debit/credit card refunds can take up to three working days to clear.

I'm sorry, but if it was outside the warranty period, I would agree - but this is still inside the period. They have replacements on their site, but they are £20 more than what I paid.


Can they do this?

visidigi

Yes they can - you've had use of the device, which isn't provided free of charge so you will get a proportionate refund whihc you can put towards another device.

WildWayz

Visi - you are wrong;

The item is under warranty still. They sell the item still. Their T&C goes against what European legislation sets out for warranties.
They also are breaking the SOGA too.

Trading Standards will be involved if they do not settle this to my satisfaction.

If you bought a TV and it went faulty within it's warranty period and the seller said "You paid £1000 for it, but we're going to give you £200" - you'd go mental.

Laz123

Any decent hd maker will guarantee their product for 3 years, like Seagate, Western Digital, Maxtor et al.

visidigi

WildWayz wrote: »

Visi - you are wrong;

The item is under warranty still. They sell the item still. Their T&C goes against what European legislation sets out for warranties.
They also are breaking the SOGA too.

Trading Standards will be involved if they do not settle this to my satisfaction.

If you bought a TV and it went faulty within it's warranty period and the seller said "You paid £1000 for it, but we're going to give you £200" - you'd go mental.

The retailer has the choice to replace, repair or refund your item - they have the choice to chose which option they use, and they can refuse to select an option if the cost is disproportionate.

In the case of replacement this would be disproportionate on the basis that due to the floods in Thailand the price of hard drives have increased over the past quarter+ - therefore a replacement from retailer stock would cost the retailer more.

Your manufacturer warranty is just that, a manufacturer warranty, therefore you will need to return the item to the manufacturer - you won't pay for this therefore you are reducing the options available to you.

You have had the use of the item and therefore the remaining value, especially in electronics and computer hardware, is reduced compared to the original purchase price. It has to be a fair proportional discount, the £1000 to £200 scenario is obviously not proportionate - If the item was £100 for example, a £5-6 per month reduction would be fair in terms of computer equipment.

Bear in mind, if you start throwing round the SOGA route you will need to get an engineers report on the device to prove the fault was inherent as you have had it over 6 months.

So be careful what comments and opinion you pass around, best to make sure you're facts are right...

WildWayz

Thanks

"

In addition to the protection given to consumers by the Sale of Goods Act, manufacturers and retailers will also issue their own guarantees or warranties. The two are basically the same thing so for the purposes of simplicity we will refer to them as warranties. It is a myth that certain products (electrical products for example) automatically come with a 12 month warranty – there is no legal obligation for shops or suppliers to provide them – it is simply to enhance consumer confidence in their product and promote sales. It also provides them with valuable marketing information which is why you will need to register your product by filling in a card with your personal and purchase details in order to activate it. Warranties are basically a commitment to repair or replace defective parts within a specified time frame (usually 12 months), although beware of any small print requiring the consumer to bear the cost of any shipping, labour etc as this runs contrary to the Sale of Goods Act which states that it is the seller’s (retailer’s) responsibility to ensure the goods are repaired or replaced at no cost, minimum inconvenience and within reasonable time. Previously there was some doubt as to the legal status of such documents, but European regulations have now confirmed that warranties are legally binding contractual obligations between the manufacturer, or retailer and the consumer for the time frame indicated.
The important point about warranties is that they should never seek to replace your rights under the Sale of Goods Act, and even after they have run out, you will still be protected by these statutory rights which can run for up to 6 years after purchase. Furthermore, you should never be referred back to the manufacturer at any point. Your first and only port of call in the event of a claim is always the seller or retailer. For further info on warranties and extended warranties, see our Guide.

"

Taken from: http://whatconsumer.co.uk/is-the-guarantee-worth-the-paper-it%E2%80%99s-written-on/

and

http://whatconsumer.co.uk/extended-warranties/

Your statutory rights

In the absence of any warranty and as we have pointed out several times, the retailer is automatically liable for any faults which develop within the first 6 months. After this time, you may have to prove that the any fault was not down to misuse or wear and tear, although factors such as price paid, model specification, the length of time you have had it (and the length of time it should reasonably last) etc will also be taken into account. Therefore if you buy something which should last around 7 years but has broken down after a year or even after 3 years, the supplier has a duty provide a satisfactory repair – or if this cannot be done, a replacement. If neither a repair or a replacement can be agreed on then the shop can give you vouchers towards the cost of an alternative replacement or a partial refund. Whatever happens, whenever it happens, and whatever remedy you choose, your first and only port of call should be the retailer.

The above talks about a partial refund OUTSIDE the period. The fact is, it is within warranty, they sell the drive for £130. I paid £120.59 - so it isnt a massive difference.

shaun_from_Africa

The above talks about a partial refund OUTSIDE the period. The fact is, it is within warranty, they sell the drive for £130. I paid £120.59 - so it isnt a massive difference

The partial refund is for goods that are outside of the 6 month period for which goods are assumed to be faulty due to a manufacturing defect.
As your HDD has failed after 18 month, it is perfectly acceptable and legal for the retailer or manufacturer to make a deduction for the time the device was working.

The item is under warranty still. They sell the item still. Their T&C goes against what European legislation sets out for warranties.

I think this is where you are getting confused.
There is no EU legislation for warranties, and there is no legal obligation for any manufacturer or retailer to provide a warranty.
The legislation that covers the durability of goods is the Sale of goods act, and this is what states a partial refund is permitted.