Faulty Xbox replaced => warranty renewed?

[DrMoriarty]

G'day, all.

I've used the search function and have hunted around a bit online, but can't find an clear answer to the following - maybe someone here can help?

My kid's Xbox developed the notorious "Red Ring of Death" problem about 10 months into warranty, so I rang the shop we bought it in and said I wanted to return it to them. They initially tried to fob me off with a lot of nonsense along the lines of "Oh, acksherly Microsoft have told us that customers should contact their helpline directly, bla, bla, bla, they'll look after it... [etc.]" until I made it clear that I was aware of the retailer's obligations under consumer law. So, later that day, we dropped the console in and, unprompted, they offered a replacement console. But they insisted that the warranty was hereafter only valid for 12 months from the date of purchase of the original (faulty) console — i.e. for another month and a half.

Now, I know that Microsoft have extended (to three years) their manufacturer's warranty in respect of the RRoD/E74 error. But my question is should the retailer — who has elected to replace, rather than repair or refund the faulty item — not have to provide a 12-month warranty in respect of the new console?

Thanks in advance for any advice/links to relevant consumer legislation...

 

[NicolaM]

Is there anything useful in this thread Doc?
http://www.askaboutmoney.com/showthread.php?t=105716

Nicola

 

[mathepac]

First off, if Micro$oft are offering a 3-year manufacturer's warranty, why not register the new console with their website to avail of this which AFAIK doesn't effect you rights in relation to the retailer?

I can't answer the 2 /12 month retailer's warranty question.

 

[DrMoriarty]

Thanks, folks. NicolaM, MB05's post in that thread suggests that my hunch is right, but I was hoping to find something authoritative that I could quote to the shop manager.

First off, if Micro$oft are offering a 3-year manufacturer's warranty, why not register the new console with their website to avail of this which AFAIK doesn't effect you rights in relation to the retailer?

Well, I certainly will do that, too. But that's a limited (fault-specific) manufacturer's warranty in addition to my legal entitlement with regard to the retailer.

 

[NicolaM]

Hi Doc,

I've done some searches to see if I could find any useful legislation....

[broken link removed]
A common set of consumer rights for consumers are valid no matter where in the EU the goods are purchased, which are enforceable for at least 2 years from delivery of the goods. In Ireland, there is limitation period of 6 years within which a consumer can bring an action against a trader.
When a consumer reports the lack of conformity to the seller, they may be entitled to expect:

* that the goods be repaired or replaced free of charge within a reasonable period and without major inconvenience to the consumer;
* for a reduction to be made to the price, or for the contract to be rescinded (i.e. the contract ends, as if it was never present), if repair or replacement is impossible or disproportionate, or if the seller has not remedied the problem within a reasonable period or without major inconvenience to the consumer. The consumer is not entitled to have the contract rescinded if the lack of conformity is minor e.g. scratch on the outer plastic cover of a CD case.

Guarantees- your rights

In addition to your rights as outlined above, the seller may also offer you a guarantee. Any such ‘commercial’ guarantee is, importantly, in addition to your other rights, as above. It is not instead of them.

A commercial guarantee is defined as 'any additional undertaking given by a seller or producer, over and above the legal rules governing the sale of consumer goods, to reimburse the price paid, or to exchange, repair or handle a product in any way, if they do not meet the specifications set out in the guarantee statement or in the relevant advertising'.

Any commercial guarantee offered by a seller or producer will be legally binding under the conditions laid down in the guarantee document and the associated advertising. The guarantee must state that the consumer has statutory rights and clearly state that these rights are not affected by the guarantee. At the consumer's request, the guarantee must be made available in writing.

[broken link removed]
Directive 99/44/EC of the European Parliament and of the Council of 25 May 1999 on certain aspects of the sale of consumer goods and associated guarantees.

The above link has the full text of the legislation.

I cannot see any reference to extension of commercial guarantee (which is what you are looking for) but it would seem to me that your rights under the act supercede the commercial guarantee by Microsoft. The commercial guarantee is offered by the seller, but the pre-existing legislation still applies.
If I were you, and there were an issue with the second product, I would be using the date of delivery of the second X box as the start of the 2 year statutory period (and bandy the above legislation around).

The other thing I would suggest you do is to get a copy of the warranty and see exactly what it says. If you do not have one, Microsoft will be obliged to provide you with one on request.

Nicola

 

[DrMoriarty]

Many thanks for that, Nicola.

As it turns out, I'll be returning to the shop sooner than planned. Moriarty Jr plugged in the new console last night and, while it played the games, a very sinister, scratchy noise kept coming from the disc drive — as though the disc were not spinning freely. This despite the fact that the console is placed perfectly flat on a wooden shelf with plenty of airflow space around it.

They're going to just love me...

 

[NicolaM]

Dr Moriarty Vs Microsoft

I'd be looking to speak to the head honcho when you get there, to try and negotiate a new guarantee, despite all the statutory regulations.

Good luck!

Nicola