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    Well if the 12 month warranty is with the store it doesnt matter, all these consoles outside 12 months are still their responsibility.



    Key Facts:

    • Wherever goods are bought they must "conform to contract". This means they must be as described, fit for purpose and of satisfactory quality (i.e. not inherently faulty at the time of sale).

    • Goods are of satisfactory quality if they reach the standard that a reasonable person would regard as satisfactory, taking into account the price and any description.

    • Aspects of quality include fitness for purpose, freedom from minor defects, appearance and finish, durability and safety.

    • It is the seller, not the manufacturer, who is responsible if goods do not conform to contract.


    Q3. Are all goods supposed to last six (or five) years?

    No, that is the limit for bringing a court case in England and Wales (five years from the time of discovery in Scotland's case). An item only needs to last as long as it is reasonable to expect it to, taking into account all the factors. An oil filter would usually not last longer than a year but that would not mean it was unsatisfactory.

    Q4. I know I can demand my money back within a "reasonable time" but how long is that?

    The law does not specify a precise time as it will vary for most sales contracts as all the factors need to be taken into account to be fair to all sides. The pair of everyday shoes may only have a few days before the period expires but a pair of skis, purchased in a Summer Sale, may be allowed a longer period by a court.

    Q5. After the "reasonable time" has passed, what can I do?

    You may seek damages, which would be the amount of money necessary to have the goods repaired or replaced. Frequently retailers will themselves offer repair or replacement. But, if you are a consumer (not making the purchase in the course of a business) you have the statutory right to seek a repair or replacement as an alternative to seeking damages.

    Q6. Is it true that I have to complain to the manufacturer?

    No. You bought the goods from the trader, not the manufacturer, and the trader is liable for any breaches of contract (unless he was acting as the manufacturer's agent).

    18 months is not a reasonable lifespan for a product of this type & none of the 360's breaking "conform to contract"
    Last edited by andy; 03-07-2007, 17:20.

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      My 360 is starting to go a bit faulty I've had two rings of red, one a ring of three and one a single red light. Also when ever I go online the only thing I can hear is a drunken shouting kiwi?

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        Originally posted by vanpeebles View Post
        My 360 is starting to go a bit faulty I've had two rings of red, one a ring of three and one a single red light. Also when ever I go online the only thing I can hear is a drunken shouting kiwi?

        Give me 80 quid and I can fix that problem

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          Originally posted by vanpeebles View Post
          Also when ever I go online the only thing I can hear is a drunken shouting kiwi?
          Hey! I resemble that remark.

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            I am getting seriousley p155ed off with MS.

            My 4th machine (3rd replacement) has just died on me (only got replaced on Friday too)

            3 red rings of death and the power supply indicator was red too

            Back to Gamestation in the morning for 360 number 5 (in 7 months)

            Arghhhhhhhhhhhhhhhhhhhhhhh

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              I feel for you mate!!

              Any chance of causing a stink and insisting on a new one this time?

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                Andy, outside of a store's own warranty period they aren't bound by law to replace your machine - if that were the case then as I've said no-one would have to pay MS for the repair bills.

                Outside of a one year period the console becomes their responsibility. Its not ideal but thats just how life works unfortunately.

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                  Originally posted by Evolution-One View Post
                  I feel for you mate!!

                  Any chance of causing a stink and insisting on a new one this time?
                  thats the thing all 4 machines have been supposedly new stock from Gamestation.

                  They have to give me a new one as I am still within my original 12 months warranty

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                    It's shocking isn't it!!!

                    I know all consoles have problems and that's understandable but this just seems ridiculous. Not one of my mates who has a 360 is still on their first machine.

                    I know I've been lucky, my HDD died after a few weeks and I got a brand new machine in exchange. I've not had any problems since then really apart from a few scratches on discs due to the crappy drive.

                    I really am amazed that this is still happening, I would have thought that the chains would stop selling them by now with all the crap they must be getting!

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                      Originally posted by Daragon View Post
                      Andy, outside of a store's own warranty period they aren't bound by law to replace your machine - if that were the case then as I've said no-one would have to pay MS for the repair bills.

                      Outside of a one year period the console becomes their responsibility. Its not ideal but thats just how life works unfortunately.
                      I didnt say they were bound by law to replace your machine but if you think its not the retailers responsibility outside of 12 months you're wrong.

                      Did you even read the DTI stuff?
                      That & Sale of Goods Act make it clear what our consumer rights are.
                      People don't need to be going to MS & paying for repairs.

                      £280 consoles failing this soon as a result of hardware failure & not misuse do not meet satisfactory standards of durability, do not conform to contract under the Sale of Goods Act & therefore it IS by law the retailers responsibilty to sort it out at their cost, whether that means replacing, repairing, refunding or compensating.
                      Whether your machine is in or outside the 12 month warranty doesnt matter, it's their responsibility.



                      Originally posted by consumerdirect
                      The trader must sort out your problem, not the manufacturer
                      Remember, if you are entitled to a refund, replacement, repair or compensation, it is the trader who must sort out your problem. The trader cannot tell you to go back to the manufacturer.
                      Last edited by andy; 04-07-2007, 04:04.

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                        As I've said before if your system goes outside of 12 months and you get any grief, get in touch with your local Trading Standards and ask them to help you. That's what they're there for and why you pay your rates.

                        If Trading Standards up and down the country start seeing a lot of stuff to do with the 360 (they all talk to one another by various means) then they can effect some real pressure on MS here in the UK to sort things out.

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                          Yep, Spatial and Andy are spot-on there. Of course stores will tell you that they've no responsibility, and try and pass you on to the manufacturers, as that's the easy option for them. Sometimes it can take ages to get someone to see things your way (i.e., the correct way), but I'd rather have to trawl through a load of phone numbers than pay £80 to fix a console that's only going to die again...

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                            What on earth is the point of a warranty then? To what purpose does it serve if you can freely act outside of it?

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                              Just got my 5th machine from Gamestation so here's hoping it works. Guy behind the counter couldn't believe how many I have had replaced

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                                They should just set up a standing order to ship a new one out to you every week.

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