GAME - Xbox 360 Sale of Good Act

Blacksheep1979

RichyRich wrote: »

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

You are right in the respect that Game are responsible for the product up to a reasonable period of time that the product could be expected to last (max 6 years). However you cannot demand a refund (full or partial) once you have accepted the goods. And (contrary to some peoples opinions on another thread) the decission to repair/replace is at the retailers discretion.

colin79666

Thanks for the advice folks.
I've sent it back to Microsoft (they paid for UPS to collect and deliver)
Frankly although I know GAME are legally responsible I couldn't be bothered having to waste time arguing with them.

Biscitt

I had one red light on my Xbox 360, the E74 error, 14 months from purchase date. This fault is not covered by their extended warranty. Being the honest individual I am I sent it back to Microsoft for repair at no inconsiderable cost.

I have subsequently discovered from forums and friends that this error is common in 360's and was wondering whether I have a claim against Microsoft for supplying goods not fit for purpose under the Sale of Goods Act. Has anyone else tried to claim for this fault?

I would be interested in peoples similar experiences and any constructive advice. Thanks.

cavycrazy_2

Biscitt wrote: »

I had one red light on my Xbox 360, the E74 error, 14 months from purchase date. This fault is not covered by their extended warranty. Being the honest individual I am I sent it back to Microsoft for repair at no inconsiderable cost.

I have subsequently discovered from forums and friends that this error is common in 360's and was wondering whether I have a claim against Microsoft for supplying goods not fit for purpose under the Sale of Goods Act. Has anyone else tried to claim for this fault?

I would be interested in peoples similar experiences and any constructive advice. Thanks.

Been down this route myself when the 360 I bought for OH on Xmas Day broke down on Jan 2nd. Yes, I should have gone after Amazon, but as I'd bought it in November and stashed it till Dec 25th, I decided it was pushing my luck and instead dealt with Microsoft. They collected at their expense, shipped it to Prague (but they will never, ever admit it's there, they just tell you that it's in Europe for repair) and promptly lost it for 6 weeks. To the OP, check your console when it comes back. They have been known to send out cracked and battered ones as a replacement for the pristine one you sent away. Also, when it gets up to a fortnight of them not having returned it, begin to kick and scream via the phone daily. You will get a free game, headset or Gold subscription.

Because of the obvious inherent defect that causes so many red rings of death, Microsoft were ordered to take action. Because they could not recall every single 360 ever made, indeed; some don't have the problem, they decided instead to place an extended warranty on the red ring of death syndrome.

Because the one red light affects less than 5% of consoles, and is often caused by the owner themselves standing it on a carpet, near a wall or anywhere without sufficient ventilation, (or fitting non-Microsoft approved add-ons such as coolers etc) it is not an inherent defect and they don't have to do anything about it.

Sully316

I thought its the Consumer Protection Act, that covers you with a one years warranty on electrical devices for example ?

superscaper

Biscitt wrote: »

I had one red light on my Xbox 360, the E74 error, 14 months from purchase date. This fault is not covered by their extended warranty. Being the honest individual I am I sent it back to Microsoft for repair at no inconsiderable cost.

I have subsequently discovered from forums and friends that this error is common in 360's and was wondering whether I have a claim against Microsoft for supplying goods not fit for purpose under the Sale of Goods Act. Has anyone else tried to claim for this fault?

I would be interested in peoples similar experiences and any constructive advice. Thanks.

Firstly you possibly wasted your money by paying to have it repaired by MS as you could have simply taken it back to your retailer. Which leads on to the second thing, you have absolutely no claim under the Sale of Goods Act with Microsoft (unless you actually bought it directly from them). The act covers the contract you have with the retailer. The only thing you can do in hindsight is give your repair bill to the retailer to cough up for it, but if they refuse and you want to pursue the matter your case was diminished by not approaching the retailer in the first place to give them the opportunity to go through their options.

So to reemphasise you have no contract with MS beyond the warranty which is written on their own terms and is in addition to the statutory rights you have with the retailer. If it isn't covered by the warranty then your legal route is with the retailer not the manufacturer.

superscaper

Sully316 wrote: »

I thought its the Consumer Protection Act, that covers you with a one years warranty on electrical devices for example ?

As far as I know there's no legal requirement in the UK for manufacturer warranties.

Blacksheep1979

Blacksheep1979 wrote: »

You are right in the respect that Game are responsible for the product up to a reasonable period of time that the product could be expected to last (max 6 years). However you cannot demand a refund (full or partial) once you have accepted the goods. And (contrary to some peoples opinions on another thread) the decission to repair/replace is at the retailers discretion.

Actually if the retailer is unable to repair or offer an equivalent replacement then you can request a partial refund (taking into account use had). Obviously as 360's are still being sold this isn't the case here. But you are always better going to the retailer than the manufacturer as by going to the manufacturer this could affect your rights later on. This is why my free xbox will be going back to Tesco shortly - that's going to be a fun experience with them saying 'ah but it didn't cost you anything'

cavycrazy_2

superscaper wrote: »

Firstly you possibly wasted your money by paying to have it repaired by MS as you could have simply taken it back to your retailer. Which leads on to the second thing, you have absolutely no claim under the Sale of Goods Act with Microsoft (unless you actually bought it directly from them). The act covers the contract you have with the retailer. The only thing you can do in hindsight is give your repair bill to the retailer to cough up for it, but if they refuse and you want to pursue the matter your case was diminished by not approaching the retailer in the first place to give them the opportunity to go through their options.

But it was 14 months after purchase, was out of guarantee and was not displaying the one fault that MS have admitted, taken responsibility for and set a course of action to help those affected.

superscaper

cavycrazy wrote: »

But it was 14 months after purchase, was out of guarantee and was not displaying the one fault that MS have admitted, taken responsibility for and set a course of action to help those affected.

I'm not talking about the guarantee with the manufacturer. That's the whole point of my post, I'm talking about the rights under the sale of goods act with the retailer. It's a fault, doesn't matter if it's widespread, acknowledged by MS or not. As this is a completely different thing to the manufacturer's warranty, the fact it's "out of warranty" has got nothing to do with it either.

Warranty/Guarantee: Manufacturer (unless extended), terms set out by manufacturer (bonus to existing rights at discretion of manufacturer)

Sale of Goods Act: Retailer, terms set out under law (absolute minimum requirement)

Two completely different things.