Faulty then.

so went to jb and they sent it to MS and both are declining to fix it

mentioned CGA and both have no knowledge of it

any tips of what to do next?

Batman: mentioned CGA and both have no knowledge of it

More accurately, both are fully aware of it but are feigning ignorance to try to weasel out of it.

Batman:

 

mentioned CGA and both have no knowledge of it

 

any tips of what to do next?

 

Give them a link to the CGA information to start with

Here's some relevant CGA info https://www.jbhifi.co.nz/General/Corporate/Consumer-Matters/Consumer-Guarantees-Warranties--Refunds/

Even links to the place to lodge a Store Service Complaint if your CGA are not being appropriately observed.

Batman:

 

so went to jb and they sent it to MS and both are declining to fix it

 

mentioned CGA and both have no knowledge of it

 

any tips of what to do next?

 

Yeah as others have said, come in armed with some of the CGA facts. This is a good website for an overview too: https://www.consumer.org.nz/articles/consumer-guarantees-act

After nearly 10 years working in the electronics retail market, I've written up some tips here which hopefully help.

I recommend don't waste time trying to get action out of a sales person, in many stores at least it's usually not something they'll do. Instead, you need to ask for a manager. If the manager doesn't want to help, they need to give you the contact details of someone higher up. In NZ at least, they can't just refer you to Microsoft and call it a day. And no matter what the outcome of your visit, I strongly recommend writing down the name of the person who served you, the time, date, branch, and the general idea of what they said.

If they mention that you declined any sort of extended warranty at the time of purchase, that doesn't matter, it doesn't waive your rights to the CGA.

Can I ask what the condition of the Xbox is? Does it look well cared for or are things a bit rough? There's no signs of it being dropped or such? Based on the usage you mentioned, I'd imagine it looks pretty good. The main point will be that the Xbox is only 2 years 2 months old, and that's not a reasonable period of time for it to last when properly taken care of.

JB will likely count on the fact you'll give up on this because you'll likely need to push for any action to be taken. But hopefully you do push for it, because retailers need to realise they're responsible for honoring the CGA.

And if that fails, you can lodge a claim in the Disputes Tribunal.  Sometimes that alone prompts a change of heart.  

LostBoyNZ:

 

Can I ask what the condition of the Xbox is? Does it look well cared for or are things a bit rough? There's no signs of it being dropped or such? Based on the usage you mentioned, I'd imagine it looks pretty good. The main point will be that the Xbox is only 2 years 2 months old, and that's not a reasonable period of time for it to last when properly taken care of.

 

This part is the key - if it looks cared for and you can prove ownership, you should be fine here.

If you have opened it up to mod it / damaged it / painted it / there's damage to the HDMi port (ie it was shoved too far back into a cabinet, causing damage etc) then you would have a different scenario on your hands.

What was the reason JB's and Microsoft gave you in order to decline the CGA fix?

Did they site ANYTHING or just respond with 'declined'?

Dunnersfella:

 

This part is the key - if it looks cared for and you can prove ownership, you should be fine here.

 

If you have opened it up to mod it / damaged it / painted it / there's damage to the HDMi port (ie it was shoved too far back into a cabinet, causing damage etc) then you would have a different scenario on your hands.

 

What was the reason JB's and Microsoft gave you in order to decline the CGA fix?

 

Did they site ANYTHING or just respond with 'declined'?

 

1. looks brand new from the eye of the beholder

2. no open no damage

3. reason - out of warranty. ignores CGA like it doesn't exist

4. out of warranty

thanks for all the tips provided earlier, i will definitely read and see what i can do next

unfortunately like many citizens i'm rather busy and don't have all the time or energy in the world to do this but i will slowly and surely make some inroads. 

As usual, the sooner the better but they cannot get out of the CGA by claiming ignorance.

As others have alluded to, with the condition of the Xbox not being a factor as you have indicated, you have an open and shut case. I wouldn't bother any further with MS, and simply write a firm but assertive email into the form you have been provided a link to with JB, along with the links of the CGA and it will get sorted. These sort of things are best dealt with by a manager rather than your average store person, though every single staff member of a retail organization should be aware of the CGA and their obligations within it, and there should be clear escalation procedures.

Be factual and precise and set a reasonable deadline of 1 week to respond with a resolution under their obligations through the CGA and let them know that misrepresenting a consumers rights under the CGA is illegal and you'll have no hestitation in taking it further and reporting their failure to meet their obligations accordingly.

thanks for all your encouragement ... have sent in my "complaint" form via the JB hifi "complaint" link provided above, mentioning all of these - repair/replace/refund, >$600 -> to last longer than 2 years 2 months, CGA, and disputes tribunal ..... and being very polite but firm

not hoping for much but you never know, didn't take me two minutes. thanks

Had my original Xbox One (VCR model) kark it a few years back - I called into Microsoft and explained to them that their warranty period didn't matter, and that the Consumer Guarantee Act supersedes their warranty.

I had to tell the rep that they will need to speak to someone who specifically has dealt with New Zealand Consumer Guarantees law, cited the parts that note a product must be fit for purpose and last a reasonable amount of time, and got a call back 2 days later saying my out of warranty repair was approved and to send it in. It takes a bit of doing, but it can be done. Although I'd rather have that battle with JB Hifi's manager than with Microsoft, were I you.