Item faulty 6 months after purcahse.

Downlinz

I bought a Dual Shock 3 controller for my PS3 from Gamestop on the 27th of December 2010. It stopped working recently for no apparent reason though looking online it seems to be a common fault with the item.

What should I do with it at this stage? Have I owned it for too long for gamestop to be liable to repair or replace it? Should I contact the manufacturer directly instead or is it simply tough luck on me?

Thanks.

Pure Sound

I'd chance going in with it, I'm not too sure what policies they have on returns but generally electrical goods generally get repaired by the manufacturer through the shop

MitchKoobski

Bring it in and they'll probabaly check it on their own system and replace it. Could see them making an issue if it was a PS3, but I doubt they'll make a big deal if it's just a controller. Do you still have the receipt?

Downlinz

Still got the receipt, not the original packaging. Think that'd be an issue?

MitchKoobski

Nah, any retailer who asks "do you have the original package" after 6 months is pushing it.

dudara

You don't have to provide the original packaging when the item is faulty. Start with Gamestop and see how you get on.

wobblyheadedbob

I think once it's less than a year you can bring it back, I recently brought a 6 month old faulty tv back to Argos and they changed it no bother, worth a shot anyway!

slimjimmc

wobblyheadedbob wrote: »

I think once it's less than a year you can bring it back, I recently brought a 6 month old faulty tv back to Argos and they changed it no bother, worth a shot anyway!

That may be shop policy, e.g. within a year they'll first offer a replacement, after a year they'll first offer a repair, but it has no basis in law. An item must last it's reasonably expected lifetime, be that 12 months or 12 years, so you're perfectly entitled to seek redress at any time, even up to 6 years after becoming aware of the problem.

Pacing Mule

Most of the times that a controller stops working are due to impact damage. Controller falls - something breaks inside but on outside still looks pristine. If this is the case a replacement / refund may prove difficult.

mdebets

slimjimmc wrote: »

That may be shop policy, e.g. within a year they'll first offer a replacement, after a year they'll first offer a repair, but it has no basis in law. An item must last it's reasonably expected lifetime, be that 12 months or 12 years, so you're perfectly entitled to seek redress at any time, even up to 6 years after becoming aware of the problem.

True in principle, but the cut-off is 6 years, after which the statue of limitations applies.

Soups123

I brought a Controller back to Xtravison in January for the same reason, we had it about six months. I had the receipt they agreed to take it off me and send it back to the manufacture for repair or replacement as long as improper usage wasnt the cause. They fixed and returned it to me, took about 8 weeks but noted that the damage appeared due to a significant blow to the controller. They didnt have to fix but it must have been simple so they did.

slimjimmc

mdebets wrote: »

True in principle, but the cut-off is 6 years, after which the statue of limitations applies.

No, there is no cut-of of 6 years or any other duration specified in the Sale of Goods and Services Act. The reasonable life of the goods or service is the limiting factor, and that can be much longer than 6 years.
The Statute of Limitations restricts the amount of time you have to take an action to 6 years after you become aware of the problem.

For example, assume you had your driveway paved in 2000 and it's normally expected to last 10 years. If you became aware of a defect in year 2008 you can make a claim for that defect any time between 2008 and 2014 (2008+6). The Statute of Limitations prevents you making a claim after 2014 because that is more than 6 years after you became aware of the defect.

mdebets

slimjimmc wrote: »

No, there is no cut-of of 6 years or any other duration specified in the Sale of Goods and Services Act. The reasonable life of the goods or service is the limiting factor, and that can be much longer than 6 years.
The Statute of Limitations restricts the amount of time you have to take an action to 6 years after you become aware of the problem.

For example, assume you had your driveway paved in 2000 and it's normally expected to last 10 years. If you became aware of a defect in year 2008 you can make a claim for that defect any time between 2008 and 2014 (2008+6). The Statute of Limitations prevents you making a claim after 2014 because that is more than 6 years after you became aware of the defect.

Do you have anything proofing this?
Normally the count for statue of limitation starts at the point when the fault occurs, not when you detect it. The basis for the warranty the dealer has to provide is that the good was already faulty when bought, if it doesn't last the normally expected lifetime. Therefore the count for the statue of limitations starts at the time you bought the good.

Take an example, assume you bought a TV in 2000 and it's normally expected to last 10 years. In 2004 it stopped working. As it hasn't lasted the 10 years it is expected to last, it is seen as having been faulty in 2000 you have bought it. You have now 2 years to request the 3Rs (in reality you have even less time, as it can be seen that you accepted the fault, if you wait too long to report it to the dealer).
If the TV dies in 2007 however, the TV would still be seen as defective from 2000 on, as it didn't lasted the 10 years. However the time from the start of the fault until it was detected (8 years) is larger than the statue of limitations of 6 years, so you have no claim.

Downlinz

Brought it back to gamestop, they told me as it falls under the category of an "accessory" they'd only repair/refund on it within 3 months of purchase. Basically they weren't going to do anything for me and told me I should take it up with Sony. =/

Jarren

http://www.consumerconnect.ie/eng/Hot_Topics/FAQs/Faulty-goods/

dudara

Downlinz wrote: »

Brought it back to gamestop, they told me as it falls under the category of an "accessory" they'd only repair/refund on it within 3 months of purchase. Basically they weren't going to do anything for me and told me I should take it up with Sony. =/

Legally, they are wrong. They are the retailer, your contract of sale is with them. However, they would be entitled to determine if the item was truly faulty (and not damaged through misuse etc).

It may be easier to deal directly with Sony - just be aware that Gamestop have given you the wrong answer.

Downlinz

Rang Sony. They told me the gamestop was liable, that the item has a 12 month warranty and that gamestop should repair/replace it on the condition I have prove of purchase.

Now I'm confused.

MitchKoobski

Do what I do.

Ring consumer rights, they'll quote you on exactly what to say, you've gotten a response for Sony.

Head into Gamestop with the quote and they can't argue it. It's worked for myself and family whenever we ran into problems.

dudara

Downlinz wrote: »

Rang Sony. They told me the gamestop was liable, that the item has a 12 month warranty and that gamestop should repair/replace it on the condition I have prove of purchase.

Now I'm confused.

Sony are perfectly correct - as I previously pointed out to you, Gamestop gave you incorrect advice. Your next step should be to return to the store and ask them to replace/replace/refund the product.

Downlinz

I certainly will but why would they tell me what they did? Surely they know something as simple and commonly addressed as legality on returns? Or is it games to try and make me fed up and give up on the item? :pac:

Downlinz

Finally got it replaced. went into the store for a 3rd time and was told somebody else in the store was dealing with it and they weren't sure of the outcome. I left my number with them and they said they'd contact me tomorrow.

2 days later, no contact. So I rang their head office and they were very helpful, an hour later the local store was ringing me all apologies for their error, told me they'd change the item and that was that.

Amazing how fast things get done when you go straight to the top.

RangeR

Downlinz wrote: »

... but why would they tell me what they did? .... and make me fed up and give up on the item? :pac:

I believe you both asked and answered your question