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Bringing Microsoft to Small Claims Court - Xbox 360 ?

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  • 11-01-2010 8:19pm
    #1
    Oafley Jones
    Registered Users Posts: 6,495 ✭✭✭


    I bought an xbox 360 just over three years ago. Several months later the console got the famous Red Ring of Death. I phoned MS and they repaired it free of charge. Not long after the public got wind of the reliability issues with the console and the warranty was increased to 3 years for the RROD fault.

    January 2009 and my console decides to die again and is once again repaired free of charge by MS.

    Cut to two days later and my xbox is misbehaving once more - Not RROD, probably the RF chip a sthe console cannot sync with controllers.

    I phoned MS and was told that the console was now out of warranty and I'd have to pay to have it repaired. I'm curious, would I have a case in the small claims court given the fact that this is a console that has been repaired twice and is still malfunctioning?


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    #2
    Paulw
    Registered Users Posts: 13,381 ✭✭✭✭Paulw


    Since the new fault is not the same as the old fault (and you'd have to prove the new fault is even related to the old fault or the repair they made), you don't appear to have a case, since you're out of warrant.

    That would be my take on it.


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    #3
    wmpdd3
    Registered Users Posts: 9,624 ✭✭✭wmpdd3


    I would say there is a good chance the court would award you a free repair. The unit would still have to be examined by microsoft to ensure the issue is a manufacturing fault. There is nothing to say they wouldn't charge you for this if the fault was found to customer damage.

    In short, worth a try as long as the repair will cost less than the €15 you will pay for the court.


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    #4
    Jev/N
    Registered Users Posts: 3,456 ✭✭✭Jev/N


    Paulw wrote: »
    Since the new fault is not the same as the old fault (and you'd have to prove the new fault is even related to the old fault or the repair they made), you don't appear to have a case, since you're out of warrant.

    That would be my take on it.

    I would second this.. the extended warranty was created due to the high failures of the same type in 360's. They fixed it for you and, although it happened again, they fixed the issue again. Unfortunately for you this current issue is different and could just be down to the age of the machine

    The only recourse I would see is if they replaced your original machine with this one as opposed to merely fixing it. NB my console was replaced, not fixed.


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    #5
    ch750536
    Registered Users Posts: 3,736 ✭✭✭ch750536


    Disregard all agreed warranties extensions, promises etc, they are irrelevant in this case.

    When you buy something it has to be of good enough quality and live for an expected life. The 'expected life' part of this is fluffy, in Ireland it is a theoretical max of 6 years though in the UK I have had TV manufacturers repair units 3 years outside the warranty date.

    For you to pay for your repairs the folllowing must happen.
    1. Start a claim through the small claims court.
    2. MS dont investigate the issue as they deem XBox's to have a life of 3.5 years and give a good reason why.
    or
    2. MS investigate and find water damage etc in the unit.

    All other routes when point 1 is followed will lead to RRorR.

    What are the chances of MS bothering to turn up to court to argue why the life of an XBox is only 3.5 years?


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    #6
    Oafley Jones
    Registered Users Posts: 6,495 ✭✭✭Oafley Jones


    ch750536 wrote: »
    Disregard all agreed warranties extensions, promises etc, they are irrelevant in this case.

    When you buy something it has to be of good enough quality and live for an expected life. The 'expected life' part of this is fluffy, in Ireland it is a theoretical max of 6 years though in the UK I have had TV manufacturers repair units 3 years outside the warranty date.

    For you to pay for your repairs the folllowing must happen.
    1. Start a claim through the small claims court.
    2. MS dont investigate the issue as they deem XBox's to have a life of 3.5 years and give a good reason why.
    or
    2. MS investigate and find water damage etc in the unit.

    All other routes when point 1 is followed will lead to RRorR.

    What are the chances of MS bothering to turn up to court to argue why the life of an XBox is only 3.5 years?

    I was wondering this myself. What's the cost to MS to defend this vs repair the machine? I'd imagine it'd be a lot less to give me a whole new machine. Are there any reference cases for the 6 year warranty?


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    #7
    axer
    Registered Users Posts: 5,517 ✭✭✭axer


    Unless you bought the console direct from Microsoft you are wasting your time.

    Your contract is with the seller and the seller only.

    Microsoft only have to work inside the terms of the warranty they offered and nothing more since you have no contract with them.

    You will have to bring the business that sold you the console to court not Microsoft. The warranty offered by MS has nothing to do with this.


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    #8
    ch750536
    Registered Users Posts: 3,736 ✭✭✭ch750536


    axer wrote: »
    Unless you bought the console direct from Microsoft you are wasting your time.

    Your contract is with the seller and the seller only.

    Microsoft only have to work inside the terms of the warranty they offered and nothing more since you have no contract with them.

    You will have to bring the business that sold you the console to court not Microsoft. The warranty offered by MS has nothing to do with this.

    Yeah, good call, thanks for reminding me. Still worth a punt though, imaging argos etc would not bother with all this and would just replace.


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    #9
    sunnysoutheast
    Registered Users Posts: 2,072 ✭✭✭sunnysoutheast


    ch750536 wrote: »
    Yeah, good call, thanks for reminding me. Still worth a punt though, imaging argos etc would not bother with all this and would just replace.

    I don't see the original vendor replacing anything over three years after the purchase - it's well out of the shop's warranty period and the problem is not the one for which MS offer their extended 3 year warranty (now expired too). MS have already fixed the Op's Xbox twice.

    If you were going to try and argue in court that an Xbox should last longer than 3.5 years then you might have a point, but it could easily be argued that the new fault is due to wear and tear rather than an inherent problem.

    SSE


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    #10
    MunsterCycling
    Registered Users Posts: 4,864 ✭✭✭MunsterCycling


    But if the Claiment is the only one to show up in court then they win by default, IIRC?


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    #11
    foggy_lad
    Closed Accounts Posts: 20,373 ✭✭✭✭foggy_lad


    MunsterCycling wrote: »
    But if the Claiment is the only one to show up in court then they win by default, IIRC?
    yes but if it is argos or a local shop that sold the x-box they may well appear to fight their corner thinking that the op has some neck expecting a free repair after 3.5years


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    #12
    Stokolan
    Registered Users Posts: 1,808 ✭✭✭Stokolan


    Microsoft Dont always send back the console you sent to them. the times it happened to me I always kept the serial number of the console I sent back and it was always a different one returned. Would this not mean yo have a new warrenty for it as its a different machine


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    #13
    axer
    Registered Users Posts: 5,517 ✭✭✭axer


    Stokolan wrote: »
    Microsoft Dont always send back the console you sent to them. the times it happened to me I always kept the serial number of the console I sent back and it was always a different one returned. Would this not mean yo have a new warrenty for it as its a different machine
    Legally, no, there is no entitlement to a new warranty. The only way this can work is if you fool MS into thinking it is a different buyer.


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    #14
    Jev/N
    Registered Users Posts: 3,456 ✭✭✭Jev/N


    axer wrote: »
    Legally, no, there is no entitlement to a new warranty. The only way this can work is if you fool MS into thinking it is a different buyer.

    While you mightn't have a new warranty or anything of the sort, being sent a new machine from MS should ensure RROD doesn't occur but also that others problems don't happen so as I said above, a claim could be possible but against Microsoft, not Argos


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    #15
    sunnysoutheast
    Registered Users Posts: 2,072 ✭✭✭sunnysoutheast


    Stokolan wrote: »
    Microsoft Dont always send back the console you sent to them. the times it happened to me I always kept the serial number of the console I sent back and it was always a different one returned. Would this not mean yo have a new warrenty for it as its a different machine

    I don't believe so, in general I think the original warranty period applies, even if you get a full replacement. Not 100% sure but remember somebody posted this a while back.

    SSE


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