Microsoft lying about CGA rights

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tardtasticx

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#154655 3-Nov-2014 17:44

Continued from a buried topic.

Just got off the phone with Xbox support about a faulty Xbox 360. The DVD drive does not read disks correctly so games/dvds/CDs aren't playable, effectively making the thing useless.

This problem first was raised in January/February this year but due to emails going to wrong inboxes, brother getting an Xbox One, and being busy with work/uni etc this was put on the back shelf and forgotten about.

Well we decided to have another crack at it now that uni is over, and found the warranty expired September 27 2014. This was raised on the 29th October I believe so just 1 month out.

We found the receipt eventually that was dated for September 11 as the purchase date but they didnt really care too much.

Multiple times I was told that Xboxes sold in NZ and Australia have an extra 1 year warranty (total of 2 years) because consumer law specifically says it has to. I asked where the law said "Xbox has to be sold with 2 year warranty" and was not given an answer.

They said I had agreed to this in the terms of use etc but didnt say much when I said they can't contract out of their obligations under the CGA.

They will not have a piece of this anymore and keep saying I either have to pay $150 to have the console replaced, or deal with it.

Now am I unreasonable for thinking a $500 xbox should last a bit more than 2 years and 1 month? Even less since its been an issue for nearly a year too.

Do you think its worth chasing up further because I feel its a bit unfair but I don't know what my chances would be if I decided to go down the route of disputes tribunal.

Anyone else been in a similar situation with MS over this/advice? I've gotten things fixed and replaced before but none of them have been anywhere near as difficult as MS who seem to think their terms and conditions overrule everything else.

-Sam

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#1167828 3-Nov-2014 17:54

Did you buy the Xbox from Microsoft directly? Otherwise you should be talking to the retailer you purchased from I think, not Microsoft.

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tardtasticx

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#1167829 3-Nov-2014 17:56

D.W: Did you buy the Xbox from Microsoft directly? Otherwise you should be talking to the retailer you purchased from I think, not Microsoft.

Was purchased from JB HIFI. But you can take it to the retailer or the manufacturer. Up to you but I usually go direct to manufacturer for things like this as USUALLY theyre more helpful than the retailer and it usually gets resolved a lot quicker.

D.W

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#1167830 3-Nov-2014 17:58

Fair enough. If you're arguing local consumer law, it might be easier dealing with JB Hifi locally. When I last spoke to Xbox Support, I wasn't dealing with someone who would be familiar with NZ CGA.

Stu

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#1167831 3-Nov-2014 17:58

Actually I think you'll find you have to give the retailer the opportunity to sort it out before going to the manufacturer. It's up to the retailer to sort it out.

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Keep calm, and carry on posting.

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Behodar

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#1167832 3-Nov-2014 18:01

tardtasticx: Now am I unreasonable for thinking a $500 xbox should last a bit more than 2 years and 1 month? Even less since its been an issue for nearly a year too.

I don't think that that's unreasonable; mine is more than four years old at this point and still works and I haven't heard of a rash of failures (other than the RROD issue). I suspect that the majority of the DVD drives still read fine after 25 months so I think that it's perfectly reasonable to ask for a CGA replacement.

As suggested by D.W, try taking it back to JB Hifi.

Edit: Four years old, not six; I forgot about getting an RROD replacement despite mentioning the issue in the post!

tardtasticx

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#1167833 3-Nov-2014 18:02

"Who sorts out your problem?:

You can choose to go back to either the retailer or the manufacturer."

http://www.consumeraffairs.govt.nz/for-consumers/law/consumer-guarantees-act/got-a-problem-with-goods

I would just prefer to deal with them because JB seem even more incompetent to be quite honest.

MikeB4

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#1167835 3-Nov-2014 18:04

Given that progress with MSFT is not good you should give JB HiFi a go.

tardtasticx

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#1167836 3-Nov-2014 18:04

Behodar:
tardtasticx: Now am I unreasonable for thinking a $500 xbox should last a bit more than 2 years and 1 month? Even less since its been an issue for nearly a year too.

I don't think that that's unreasonable; mine is more than six years old at this point and still works and I haven't heard of a rash of failures (other than the RROD issue). I suspect that the majority of the DVD drives still read fine after 25 months so I think that it's perfectly reasonable to ask for a CGA replacement.

As suggested by D.W, try taking it back to JB Hifi.

Do you think they'll play ball? From experiences in the past they seem to just brush it off onto the manufacturer.

Plus I usually like talking on the phone instead, as I can be comfortable at home instead of in a nasty loud store lol. But if it really would help then I could deff. try going back to the store I suppose.

freitasm

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#1167838 3-Nov-2014 18:10

Microsoft support is likely not local and you will have a hard time dealing with them and explaining CGA. Go to the retailer - they can't "brush it off" to manufacturer.

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gzt

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#1167844 3-Nov-2014 18:16

I think you are saying you believe the device had a two year warranty and it is just outside of that currently.

Explain the problem to the retailer. If they understand the issue and they have a good relationship with the manufacturer warranty process locally (ie; if they can talk to a real person instead of a script) then they may be able to gently make it happen.

I don't really understand the topic title in relation to your post. It is not clear to me what you mean by that. Either it has a two year warranty or it does not. The retailer should be able to tell you the warranty period for your purchase. CGA is something additional to that.

tardtasticx

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#1167908 3-Nov-2014 18:56

gzt: I think you are saying you believe the device had a two year warranty and it is just outside of that currently.

I don't really understand the topic title in relation to your post. It is not clear to me what you mean by that. Either it has a two year warranty or it does not. The retailer should be able to tell you the warranty period for your purchase. CGA is something additional to that.

I don't care really what Microsoft says their warranty is. If the console is in warranty then great, easy fix. If not then we can find a way to deal with it.

But basically on multiple times they told me the NZ law says xbox's have to come with an extra year warranty for NZ an Aust customers. Not true.

They said in their terms and conditions/terms of use that the warranty is clearly stated and I agreed to it by purchasing and using the console. But they basically say that their terms and conditions overrule the CGA in all cases since it blatantly says what the warranty is. Not true.

They also said they don't have to provide a refund if they can't fix or replace (they don't fix anymore apparently, only replace), but I'm not sure whether thats true or not.

Tomorrow though I will take it to JB and see what happens. Someone at MS said they would call me back. That was a few hours ago so I doubt I'll hear from them again as usual. Will see what happens.

ckc

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#1167938 3-Nov-2014 19:19

Speak to the Commerce Commission. They're really good, and they administrate the CGA. They have guidelines on how long stuff should last. That two year warranty may well be based on their guidelines, similar to the warranties that retailers have to offer on phones. Either way, the Comm Comm will be able to clarify how long it should last under NZ precedents.

Bung

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#1167948 3-Nov-2014 19:29

tardtasticx:

Multiple times I was told that Xboxes sold in NZ and Australia have an extra 1 year warranty (total of 2 years) because consumer law specifically says it has to. I asked where the law said "Xbox has to be sold with 2 year warranty" and was not given an answer.

The EU have a 2 year minimum warranty on consumer goods. AFAIK the warranties offered here are a marketing decision by the suppliers.