Faulty Hard Drive - What To Do

WildWayz

Then what point is there in having a warranty if it is worthless?

shaun_from_Africa

I wouldn't say that it's worthless.
You are being offered a partial refund, which considering that you've had 18 months use from the HDD is fair.

If there was no warranty in place and you went down the SOGA route, you might be asked to prove that the fault wasn't due to misuse and have to pay for an independent report to show this.
If you were able to do so, the retailer is still entitled to only give you a partial refund of the amount that you paid.

visidigi

Agree with Shaun from Africa (which ties in with what I also said).

WildWayz

Sorry, I am finding it hard to grasp.

The item comes with a 2 year warranty.

Device became faulty within this period.

I return device to retailer I bought it from (and have a contract with).

They still sell the drive, but for about £10 more than paid.

They say they won't replace it but will give a partial refund (£120.59 / 24 * 6 = £30.15).
I'm sorry, I paid £120.59 for a working drive. I didn't 'hire' it.

Again, how can this be legal? It is under warranty. Warranty.

If you are saying that isn't the case, then we can all sue every manufacturer out there for lying as their warranties mean NOTHING.

visidigi

But you are missing the point, your theory is based on a device lasting a lifetime - a device (especially computer) has a lifespan, but limited long term value - so the value drop on hardware is very quick, resulting in limited intrinsic value after say 24 months.

It works the same that if you have something replaced under warranty it will only have warranty coverage to the end of the original warranty period, not the replacement drive.

Are you saying they have offered you a refund of £30.15 on the drive? Or is that your calculation?

shaun_from_Africa

The item comes with a 2 year warranty.

Device became faulty within this period.

I return device to retailer I bought it from (and have a contract with).

The device came with a 2 year warranty, but this will be a manufacturers warranty and is nothing to do with the retailer you purchased it from.
The retailers legal obligations only extend to those stated in the SOGA, which have already been stated above.

Again, how can this be legal? It is under warranty.

A warranty is not a statutory right and manufacturers or retailers don't have to offer one, and because of this, they are entitled to state their own terms and conditions for these.

Just because the manufacturer has a warranty scheme doesn't mean that you lose any rights granted under the SOGA.
You still have the right to attempt to get recompense from the retailer, but for this you may need an independent report, and you may still only get a partial refund if you were successful.

WildWayz

That is my calculation based on 18 months (6 months remaining).

A hard drive should NEVER last 2 years - I have plenty of drives at work and home that are hitting their 5-6 year of use and are fine. Data is critical and people wouldn't buy them if they had a short lifespan.

It isn't even an internal hard drive such as a system drive. It is an external used for backup, so not written/read from as often.

For a drive to fail in this timespan, it shows the drive is faulty. It is a stationary drive, in a well ventilated area. I look after my kit.

rochja

Well, whatecer you feel, your rights are clear, so why not plan a nice spring break touring the Dutch bulb fields, bring back loads of cheap booze, ciggies, fruit juices, cheeses et al and come back with a new hard drive, fully refreshes and with the wherewithal to leave you quids in?

visidigi

WildWayz wrote: »

That is my calculation based on 18 months (6 months remaining).

A hard drive should NEVER last 2 years - I have plenty of drives at work and home that are hitting their 5-6 year of use and are fine. Data is critical and people wouldn't buy them if they had a short lifespan.

It isn't even an internal hard drive such as a system drive. It is an external used for backup, so not written/read from as often.

For a drive to fail in this timespan, it shows the drive is faulty. It is a stationary drive, in a well ventilated area. I look after my kit.

Your calculation is based on a 24 month lifespan of the product - I would agree with you that it should last longer than 2 years, lets say for the sake of argument, 4.

£120 / 48 = £2.50 per month of use - £2.50 x 18 = £45 therefore partial refund would be £75.

Now, that's if you look at the best possible partial refund scenario, I would expect anything between £50-£60 as reasonable.

Your assumption that a drive is faulty due to the lifespan it worked is nice, but its not an experts opinion and wouldn't stand up to dispute from the retailer/manufacturer. Indeed as this is an external caddy there are different components which could have failed - I was helping a colleague diagnose a problem with one yesterday - the drive itself was fine, the PCB inside the caddy had died.

Whether you look after your kit or not doesn't change your rights. You've had 18 months use out of a product, its failed, you're entitled to a proportional refund, replacement or repair of the retailers choosing.

You may find, that if the proportional refund is poor you might be better off paying the money to send it to the netherlands for warranty replacement after all.

WildWayz

Thanks

Sorry if I came off as hot headed