Gears of War

[M17TT C]

Take it back to the retailer, of course. However they are bound by Microsofts policy on faulty units as to their actions. If MS's policy is to swap all faulty units then they will swap it (it wont be). If its to action a repair then thats what they will do and simply send it to MS (or MS's agent) for repair. You think the retailers just stack up the faulty units and burn them? Before 30 days - replace. After 30 days - repair.

No, the retailer is bound by the Sale of Goods Act.

I guarantee you that when I get the ring of death I shall have a brand spanking new console free of charge.

 

[Nottingham Fox]

Take it back to the retailer, of course. However they are bound by Microsofts policy on faulty units as to their actions. If MS's policy is to swap all faulty units then they will swap it (it wont be). If its to action a repair then thats what they will do and simply send it to MS (or MS's agent) for repair. You think the retailers just stack up the faulty units and burn them? Before 30 days - replace. After 30 days - repair.

Spot on !

 

[Durham Fox]

No, the retailer is bound by the Sale of Goods Act.

I guarantee you that when I get the ring of death I shall have a brand spanking new console free of charge.

Does the sale of goods act say you should get a brand new one then?? erm no, it doesnt.

I guarantee you wont, certainly not before going through a court of law. (unless yours is irepairable of course but even then they will send you a recon unit)

 

[M17TT C]

No, get a life you weirdo :icon_wink

haha, been revising all day so far, want to take my frustration out by chainsawing people and blowing them up. Sadly if I did that in real life I would either die or get sent down, so will have to settle for a blast of Gears

 

[M17TT C]

Does the sale of goods act say you should get a brand new one then?? erm no, it doesnt.

I guarantee you wont, certainly not before going through a court of law. (unless yours is irepairable of course but even then they will send you a recon unit)

But it is not to do with Microsoft!!!!!!!!!!!!!!!!!

Curry's/Dixon's/Gamestation/Game etc do not have reconditioned units. If mine went I would go to them and not to Microsoft as that is who sold me the product.

For example, if you went to Asda and purchased a 20 pack of Foster's and once arriving at home realised there was only 18 cans in there would you send it back to Foster's or go to Asda?

 

[Nottingham Fox]

But it is not to do with Microsoft!!!!!!!!!!!!!!!!!

Curry's/Dixon's/Gamestation/Game etc do not have reconditioned units. If mine went I would go to them and not to Microsoft as that is who sold me the product.

For example, if you went to Asda and purchased a 20 pack of Foster's and once arriving at home realised there was only 18 cans in there would you send it back to Foster's or go to Asda?

You would go back to Asda, because surely you would realise there was 2 missing within 30 days

 

[Melton Fox]

It isn't Microsoft's problem. You take a contract out with the reseller, the receipt is that contract.

The reseller then has a contract with his wholesaler/distributor (which may even be Microsoft directly), the wholesaler/distributor has the contract with Microsoft.

The person who solves your problem is the person you bought it from, not the manufacturer, unless of course they are "one and the same"

 

[M17TT C]

You would go back to Asda, because surely you would realise there was 2 missing within 30 days

Okay bad example.

Just go and read the sale of goods act then.

 

[Durham Fox]

But it is not to do with Microsoft!!!!!!!!!!!!!!!!!

Curry's/Dixon's/Gamestation/Game etc do not have reconditioned units. If mine went I would go to them and not to Microsoft as that is who sold me the product.

For example, if you went to Asda and purchased a 20 pack of Foster's and once arriving at home realised there was only 18 cans in there would you send it back to Foster's or go to Asda?

Yes it is!!!!!!!!!!!

You would go to your retailer who would take it off you and send it to Microsoft, or Microsofts repair agent. Your contract is with the retailer, their contract is with Microsoft or in rare cases they will take the repair on themselves although this wont be relevant to Xbox's.

If you go to Game Station and buy an xbox and the controller isnt in the box then yes you go back to Game Station. Thats a relevant comparison, unlike yours.

 

[M17TT C]

It isn't Microsoft's problem. You take a contract out with the reseller, the receipt is that contract.

The reseller then has a contract with his wholesaler/distributor (which may even be Microsoft directly), the wholesaler/distributor has the contract with Microsoft.

The person who solves your problem is the person you bought it from, not the manufacturer, unless of course they are "one and the same"

At ****in' last!!

 

[Durham Fox]

It isn't Microsoft's problem. You take a contract out with the reseller, the receipt is that contract.

The reseller then has a contract with his wholesaler/distributor (which may even be Microsoft directly), the wholesaler/distributor has the contract with Microsoft.

The person who solves your problem is the person you bought it from, not the manufacturer, unless of course they are "one and the same"

Correct, however the contract between the manufacturer (or distributor it matters not) and the retailer wholy decides how your issue is resolved.

 

[Durham Fox]

At ****in' last!!

So you agree? Your claim is with the retailer and its resolved in line with how the manufacturer sees fit?

 

[M17TT C]

Correct, however the contract between the manufacturer (or distributor it matters not) and the retailer wholy decides how your issue is resolved.

Yes but the retailer has a duty to replace faulty goods, not for you to take it to them and then wait a couple of months for them to send it back to the manufacturer. The retailer will just shipped faulty units back to Microsoft who will repair them and then distribute them to people who have sent their consoles back to them.

 

[Melton Fox]

Correct, however the contract between the manufacturer (or distributor it matters not) and the retailer wholy decides how your issue is resolved.

Possibly, but that contract won't be legally binding should a consumer take further action against their reseller, it won't stand up.

The contract you are referring to as been put in place by the reseller to a avoid microsoft causing him a lot of financial heartache by neglecting their after sales support to him, but it's nothing to do with the consumer.

I'm not going any further with this as I deal with this shit all the time and I don't come on here to do work

 

[Durham Fox]

Yes but the retailer has a duty to replace faulty goods, not for you to take it to them and then wait a couple of months for them to send it back to the manufacturer. The retailer will just shipped faulty units back to Microsoft who will repair them and then distribute them to people who have sent their consoles back to them.

No they dont, they have a duty to replace or repair faulty goods.

The last part of your post is complete nonsense.

 

[M17TT C]

Possibly, but that contract won't be legally binding should a consumer take further action against their reseller, it won't stand up.

The contract you are referring to as been put in place by the reseller to a avoid microsoft causing him a lot of financial heartache by neglecting their after sales support to him, but it's nothing to do with the consumer.

I'm not going any further with this as I deal with this shit all the time and I don't come on here to do work

So who wins then? Me or Durham? :icon_lol:

 

[Melton Fox]

So who wins then? Me or Durham?

Nothing to do with me

 

[Durham Fox]

Possibly, but that contract won't be legally binding should a consumer take further action against their reseller, it won't stand up.

The contract you are referring to as been put in place by the reseller to a avoid microsoft causing him a lot of financial heartache by neglecting their after sales support to him, but it's nothing to do with the consumer.

I'm not going any further with this as I deal with this shit all the time and I don't come on here to do work

I agree with you, if it went to a court of law then you would probably get a replacement but I'm talking about standard practice here. It's unfathomable the number of people who used to come in to my shop and expect a replacement for something that was 10 months old or similar. I commonly refered to them as C*nts.

 

[M17TT C]

No they dont, they have a duty to replace or repair faulty goods.

The last part of your post is complete nonsense.

But as just said no retailer will actually repair the consoles. So will replace.

No it is not, the amount of consoles that will get returned to a shop directly will be a very small percentage as the shop will say that you have to send it back to Microsoft etc and very few people are blessed with the knowledge of consumer protection so will just do what the shop says.

 

[Nottingham Fox]

Okay bad example.

Just go and read the sale of goods act then.

What Durham is telling you is correct.

Anything you need to return within 30 days because it's faulty will be exchanged there and then. Anything older than 30 days but less than 1 year will be returned to the place you bought it from, who in turn will send it back to the manufacturer. If it's repairable, then it will be rapired, if not it will be replaced (this could be a reconditioned unit).