A Question

GAAman

Hello folks have a hypothetical question for you. I searched and couldnt find any mention of this before so if it has been done apologies.

I have an xbox 360 (tom etc please dont move this as this is a legal question moreso then an xbox one) and as is widely known the inherent problem with them overheating is due to bad manufacturing. I wont go into tech details but bad parts and bad workmanship are the main reasons. Now i got mine less then 2 years ago and have had to send it back FOUR times now for "Repair" and after each time was told it had been fixed and it would not be a problem, yeah right.

Anyway these "Repairs" have been totally free but now my xbox will be out of microsofts warranty soon (they have decided to make May of this year the cut off date as best i know despite the box being in my possesion for 2 years its meant to be 3 unless you have the receipt you cant change the date to one that would apply to yours, ie you buy it in may 07 it goes till may 10)

What i am asking is as the box was faulty goods from the get go is there a way to legally challenge this and get free repairs until the box is no longer used?

Many thanks

hullaballoo

This is more suited to consumer issues. This is one of these issues that I wish the bloody ombudsmen of this world would tackle. You get the same in-built obsolescence in mobile phones and various other gadgets. They try and fob you off with things like 'oh, you're warranty has expired, so your not covered [for something that hasn't worked ab initio]'.

It's rubbish, of course you're covered. The warranty is in addition to your consumer rights as set down by the Sale of Goods Acts 1893 and 1980. If you've kept good records of how they've dealt with your complaint so far, then you should be able to enforce your rights. I'm sure other people here will give a better appraisal of those rights.

Ian Beale

I assume the reason why they've cut the warranty to the 2 years is because there taking the manufacturing date as you don't have a receipt?

I do see what you mean 4 times repaired and they won't give you a replacement,ridiculous alright but they could just make up any old excuse saying it was different parts,fan not working - replaced , warped motherboard - replaced etc.There known for doing this,do you keep the console in a well ventilated space? also make sure you don't have one of those intercollers or cooling devices attached to it there known to cause rrod's.

What i am asking is as the box was faulty goods from the get go is there a way to legally challenge this and get free repairs until the box is no longer used?

Not a chance once your warranty is gone thats it,faults happen especially in the older xbox 360's.As for faulty goods from the get go you have no way to prove that,they could argue you didn't keep it ventilated properly.If you can't get a replacement from MS and your warranty does expire you might want to think about getting a professional to make one of your fans run 12v and to fix the foil of the gpu into a better location.

Sam Vimes

if a product develops fault, the manufacturer is obliged to fix that fault and the repair must be permanent. basically your warranty is extended until such time as they fix the fault. otherwise they could just take it off you and hand it back a few weeks or months later having done nothing and then repeat the process until the warranty runs out

but its only extended for that fault. if it develops a new fault outside the warranty, that's not covered, unless the old fault caused the new one

Ian Beale

mmm thats what I thought and thats why I said they could argue its different parts that went faulty those 4 times because he can't open the console himself to check because that voids the warranty.

Bit of a tricky one alright,call them and ask at what point do they issue a replacement as yours has had 4 faults in the space of 2 years.

axer

hullaballú wrote: »

This is more suited to consumer issues. This is one of these issues that I wish the bloody ombudsmen of this world would tackle. You get the same in-built obsolescence in mobile phones and various other gadgets. They try and fob you off with things like 'oh, you're warranty has expired, so your not covered [for something that hasn't worked ab initio]'.

It's rubbish, of course you're covered. The warranty is in addition to your consumer rights as set down by the Sale of Goods Acts 1893 and 1980. If you've kept good records of how they've dealt with your complaint so far, then you should be able to enforce your rights. I'm sure other people here will give a better appraisal of those rights.

Thats right. OP your rights are not limited to whatever the company says - they are protected by law. In your case since the product keeps breaking and the repairs are not permanent you should be either looking for a replacement or even refund. I believe they are within their rights to offer only a partial refund in that case.

From what I know you are just limited by the statute of limitations (6 years I think) - hopefully hullaballú or some legal head could verify that. As long as you can prove the goods were supposed to last longer than the length of time they worked for i.e. by using common sense then you are entitled to remedies for breach of warranty if the item stops working.

GAAman

Thanks for all the replies lads i was guessing it was a bit of a hopeless issue if i get the rrod i am demanding a replacement console but i pretty much only have 2 months left bet i get one in june :rolleyes:

PurplePrincess

Did you pay by credit card? That could be your proof of date of purchase and might help you get your warranty extended.