GAME - Xbox 360 Sale of Good Act

colin79666

I purchased my xbox 360 from GAME on 31/03/06 and today it has broken down (3 red lights). Now Microsoft recently admitted the fault and have extended there guarantee for the issue from 1 to 3 years. They also have a 25 day wait on console repairs!

Am I right in thinking I should be able to take the console back to GAME for repair or replacement under the sale of goods act? I phoned the shop but the guy that answered was very argumentative and did not seem to understand the law "reasonable time is a year".

Professor_Falken

Just go in there and have it out with him. He'll be well aware of how unreliable the 360 is - make a scene if you have to! I know of some people who have been without their console for 7 weeks so last resort should be sending it away.

chilli_dog

Mine got repaired by microsoft, total time from posting to delivering was ten days.

Your repair might have to go through microsoft as game have honoured their commitment to you by it covering you for one year.

Call the Xbox help line.

colin79666

do MS make you send away your hard drive? I don't want to lose all my game saves...

taxiphil

chilli_dog wrote: »

game have honoured their commitment to you by it covering you for one year.

No, they haven't. Game's statutory duty under the Sale of Goods Act lasts for much longer than one year. It's the retailer who's responsible under the SoGA, not the manufacturer.

If Game choose to get it repaired via Microsoft, that's up to them, but Game are still the ones who are wholly responsible for repairing or replacing it.

As with all cases like this I would advise a Letter Before Action to Game's head office (Recorded Delivery), requesting a repair or replacement within a clearly defined timescale (I would suggest 14 days - but the golden rule is not to let them dictate the timescale), or you'll issue a County Court claim. The staff at their head office will be acutely aware that you'd win any such claim.

Bickering with store managers in these kind of places is stressful and usually fruitless.

emmaroids

30111987 wrote: »

do MS make you send away your hard drive? I don't want to lose all my game saves...

no, they tell you to take off the HD before you send it.

deanos

I would just go direct with MS, Game will just sent it to them anyway, the sooner you ring MS the sooner you will get it sorted, writing letters and that will just make it an even longer wait.

chilli_dog

At the risk of making this thread into a mamouth,

I was under the impression that the sale of goods act covered you for one year including washing machines, small electrical things etc.

I agree that when you buy you are making a contract with the seller and the seller is responsible for any problems that arise. I thought that as the OP Xbox was over a year old that games responsibilty was at an end?

RichyRich

The Sale of Goods Act makes retailers responsible for a "reasonable period of time" - what is reaonable depends on all the circumstances, including the type of good, quality, reputation and price paid.

Within the first six months after purchase, the burden is on the retailer to demonstrate that there was no fault at the time of sale - after six months the burden is on the purchaser to demonstrate that the fault did exist at the time of purchase.

Take it back to the store and ask for a refund, then simply purchase a new unit. If they refuse to refund, follow taxiphil's advice. Give them seven days. No refund? Serve court papers. Still quicker than sending it off to Microsoft.

Rich

C_Ronaldo

do not send you hard drive off, you wont get it back and if you get one back it could be wiped

everythingblogcast

Game is ok, replacing the xbox 360 for the ring of death, they go to the back room and check it. If you dont mind waiting Microsoft is the best options as they will replace the cooling system etc and your system only needs 2 more faults back with them and you get a free game.