modern warfare3

sinner

New Member
May 19, 2012
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hi there

here's my question

i bought this game from amazon when it was launched (nov 2011) the game has now developed a fault i keep getting disc read errors.

now having looked on the forum for mw3 it seems that this has been an ongoing problem (it seems to be a fault with either the game or disc making process) since january and activision have been sending replacement discs out but they are charging £12 for replacing the disc now after paying £75 for the top spec disc package have i any other options than paying another £12 ?.

thanks in advance for any help/advice offerd.
 

Witch consumer

Moderator
Sep 8, 2008
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Debtors retreat
Manufacturing fault or not, Amazon must take responsibility and no, it shouldn't cost you any money. Software is covered exactly as everything else under SOGA, if its faulty it must be repaired or replaced, you can use the evidence you have found on the web to back up your complaint.
 

Witch consumer

Moderator
Sep 8, 2008
1,593
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Debtors retreat
Manufacturing fault or not, Amazon must take responsibility and no, it shouldn't cost you any money. Software is covered exactly as everything else under SOGA, if its faulty it must be repaired or replaced, you can use the evidence you have found on the web to back up your complaint.
 

sinner

New Member
May 19, 2012
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its actually activision who want to charge me for the disc and when i said that under the soga they cannot charge me for it as its clearly faulty they responded with "as its out of the 90 days we can charge you" and then went onto say that they have seen this problem (disc read errors) a lot when i said that well in that case you have just admitted that there is a problem with the disc as you see it a lot they said "i didnt admit that i just said we see it a lot"...... i think they sent me a transcript in an email.
 

Witch consumer

Moderator
Sep 8, 2008
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Debtors retreat
Doesn't make any difference whether it's over 90 days or not, it's faulty', not fit for purpose nor of satisfactory quality. stick to your guns, you seem to have ample evidence for the small
Claims court, if people are daft enough to pay them 12 quid to replace faulty goods, they are not going to let it go to court and risk the backlash of losing.
 

sinner

New Member
May 19, 2012
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hmmm been intouch with activision again and got its "company policy and we dont make any profit from this" im stuck to my guns and i am now waiting for there legal dept over the soga and there 90 warranty and i have also just spoke to amazon and they instantly told me to send the game back for a refund .
 

Witch consumer

Moderator
Sep 8, 2008
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Debtors retreat
Then I would respond to Amazon, question is, have they fixed the problem so if you buy a new one it will be OK?

Their 90 warranty is in addition to your statutory rights under SOGA, not instead of and while software is a special case in that you can't open it, change your mind and return it under DSR, it is still covered by SOGA and must be exchanged or refunded if it is faulty.
 

sinner

New Member
May 19, 2012
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amazon offerd me a full refund but they couldnt replace the game as it was out of stock and if i got a refund or replacement game not only would i loose the 26 days game time i have put into it since november i wouldnt have any idea if the was fixed and wether it would happen again.

it was intresting in the fact that they instantly (after checking the order number) offerd a refund .

i have also had an email from activision ill copy and paste it below they make many points all of which i can rip to bits with little or no thought what so ever id be intrested to hear your thoughts....

mail below

Hello.

Although I can understand your frustration with the situation, I must assure you that the Activision disc replacement policy is based on a sound legal footing for all of the countries that participate. The Activision legal department is very familiar with the UK Sale of Goods Act, and the disc replacement policy that has been in effect for several years is in full compliance. As the representative informed you previously, a defective disc would not work correctly upon first use, and when that is case, the disc is fully covered under the Activision warranty.

Regarding the information on MW3 you found on the forums; this game is actually that largest selling game in PS3 history, with several millions playing it. If there was a serious issue with the production of discs, there would be quite a large controversy over it and I would be dealing with only that single issue, non-stop, as my job here in Customer Support. I assure you, that is not the situation. If you search for other popular PS3 titles (Uncharted 3, GTA4, GT5, etc.) on the forums, there are several people that also claim that each one of those specific games has an issue, or even that the game disc damaged their PS3 console. A handful of people agreeing on the internet, does not make a truth.

To be honest with you, most of the PS3 disc read issues I've seen over the years are not caused by the disc itself. I only bring that up to avoid a situation where you go through the entire process of getting a replacement, but it ends up doing the same thing.
In your specific case, if the disc does the same thing in other consoles, and there is some sort of mark on the disc, it might be best to replace the disc. I highly recommend making sure a different copy of the game works fine on your console first.

I have submitted the form for the replacement. The RMA # is: RMA-0001913820

Please send the game disc by itself (the case is not necessary) along with a check (payable to Activision Blizzard International) or cash of £ 12 to this address.
 

Witch consumer

Moderator
Sep 8, 2008
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Debtors retreat
Well you have to give them 10/10 for trying. I would write them a polite letter declining their kind offer as you have had an even better one off Amazon.

Sorry, I don't know much about games (my sons would be horrified) but is the game play not on an account rather than a disk?

I think as you have had the offer of a refund from Amazon, there is little you can do but accept it, your complaint is with Amazon not Activision and Amazon have acted correctly in this matter.
 

sinner

New Member
May 19, 2012
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nope the game is on a blu ray disk thats loaded into the ps3 and 16 days of game play is a hell of a lot of hours to loose :(
 

ALewis

Moderator
Nov 23, 2010
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South Wales
Sorry to but in, though don't you get the saved game data stored on your ps3? Data is not stored on discs, as potentially this would mean that if you bought a 2nd hand game, you'd get the sellers data.
I can't remember the ps3 much but take a look around on the menus for saved game data. Any multiplayer data is saved to your online account on the PSN.

Sorry - had to chirp in.