Replacement PS3 Problem, advice?

[Tony]

Sony Centre PS3

Well I found the receipt and phoned the Sony Centre at the Trafford Centre where I bought the item in January 2007. They said I needed to phone the Sony service centre which I did and as it was a Sony shop this is reasonable.

Got through after about 10 mins and they agreed to replace the PS3 console free of charge even though it was out of warranty. He said he was doing it as a gesture of good will - I didn't comment. He also said it would have a three month warranty, but failed to mention that this does not affect my statutory rights - I didn't comment.

All I had to do was fax through proof of purchase, which I have just done. Just need to phone back to arrange collection. Others have said that they are very efficient at this - must be all the practice.

The guy I spoke to said it sounded like it had overheated.

Tony

 

[Jorumian]

I suppose with all new technology there will be problems but it makes you wonder doesn't it just how rigorously these machines are tested before they are sold. Or even if they are designed to go wrong after a certain point...

Gesture of goodwill! Pah!

At least you got a new one Tony. When mine dies (probably in about 6 months from now when the Warranty expires) I'll be in touch asking how to go about it!

 

[Tony]

Well I got my new PS3 today, it was painless apart from the long delivery slot - 0900 till 1800. Luckily they arrived at 1100, so that was goos : ) Just have to connect it to the wireless network etc and download all the updates...

 

[Tony]

BTW how are others getting on with their replacements?

 

[Tony]

Got everything up and running but the kids have lost all their progress on Lego Star Wars, Burnout Paradise etc. Any ideas?

 

[Jorumian]

Hi Tony,

My replacement is working fine thus far, touch wood! I played Resistance Fall of Man 2 last night and was well impressed. Is it just me or are these new games so loud and scary now? !

As for your replacement, I am afraid your kids are out of luck. The Saved Game Data will be on the Hard Disk of your old PS3... I am afraid they are going to have to start again, unless you can get the files off the old HD and transfer them onto your new one. If you have a Memory Card (USB one) for your PC and still have the old PS3, you can see if dragging and dropping them to that will work, but I am assuming they have taken your broken PS3 back with them?

I reckon pack of Go Go's each tonight and a mars bar will make the kids forgive you!

 

[Dond]

Hi Tony
Just received a reply from ASDA today (25th April) although it was dated 22nd April. They state 'ASDA aren't able to provide a repair of your Sony Playstation 3 as we do not manufacture the item. If you contact Sony on 0870 599 8877 they will be able to help you further with respect to a repair.'
As far as I'm concerned my original approach to Sony prompted me to contact you. Further, I believe ASDA are abdicating their obligation under the Sale of Goods Act which states 'It is the seller, not the manufacturer, who is responsible if goods do not conform to contract.'
I'd appreciate if you could keep me right in this respect before I write again, to challenge their initial response. Is there any specific wording I should use?
Thanks again
Dond

 

[Tony]

If you like, I will write a letter on your behalf as I am keen to demonstrate that this is possible and have a published example.

You will need to send me copies of all the relevant details:
1. Letters to and from Asda
2. Copy of receipt
3. Summary of conversation with Asda

Do you have access to scanner/fax? You can e-mail the docs to tony @whatconsumer.co.uk
Tony

It might be worth giving Sony a final ring, as Asda may, unlikely, have cleared a repair with them. I wonder what Asda's contract is like with Sony wrt PS3 repairs.

 

[Dond]

Hi Tony
Thanks for the prompt reply and for your offer of assistance, which is much appreciated. I'm emailing you with the documents and if you can provide a letter, that would be great as I'll use it and keep you posted on any response.
Dond

 

[sarahadams]

Im also having problems

My PS3 is about a year and a half old and it will do everything except play games now.
Play.com wont help as they say I have to prove it has a fault which is not caused by myself and Sony would not help at all.

Im stuck now!!

Can anyone help?

 

[Tony]

Play.com Faulty PS3

Hi,

Play are correct, when an item is over six months old it is the resonsibility of the buyer to prove that it is faulty. The good news is you can charge them for the cost of this if it is proven to be faulty, but you need to make sure they are happy with the company you choose to do the diagnosis. Do all this in writing to make sure there is a written record. There are lots of companies offering console repair services, but I can't recommend any. A local PC repair shop may be able to help.

Cheers,

Tony

 

[bigeminy]

Ylod- ps3

I have just had the dreaded 'Yellow Light of Death' on the PS3 after only 17 months of buying it and as advised on this thread I went back to the retailer (Game) quoting the 'Sales of Goods Act 1979'.

The response I received is as follows:

Thank you for your email.

The Sale of Goods Act states that goods when sold should meet three main tenets: correspond with the description, be of satisfactory quality and be fit for purpose. These are your statutory rights but in addition a retailer or supplier may offer a guarantee or warranty on top - in most instances for a year promising that the goods will be free from manufacturing defects for the first year from the date of purchase.

As your unit was purchased in 2007 the 1 year warranty provided by us as the retailer has expired. Once a warranty has expired a customer can seek redress under their statutory rights and the issue that keeps coming up about this particular product is that should this unit be expected to last longer than 12 months.

Ultimately words like “reasonable” and “satisfactory” are not definitive and open to interpretation and the issue would only really be settled by taking the matter to court.

Regards,

Sam B

The Team at GAME


Has anyone got an idea as to how I should reply to this.

Thanks in advance

 

[Tony]

Thanks for sharing this, Sam is correct. Obviously the retailers interpretation is going to be different to the consumers. However, look at this about life expectancy:

http://whatconsumer.co.uk/forum/other-goods-services/1972-how-long-should-last.html#post3815

Low priced VCRs and DVDs 2 - 5 years

Higher priced VCRs and DVDs 5 - 8 years

Your only option now is to start a small claim - this is much easier than it sounds and is designed to be low cost.

Making a Small Claim | Consumer Information

It would be great if you could keep us updated on this

Tony

BTW Sony replaced mine of a similar age - http://whatconsumer.co.uk/forum/technology/4101-replacement-ps3-problem-advice-3.html#post7693

Dond have you heard back from Asda?

 

[bigeminy]

Ylod ps3

Thanks for reply Tony

Where does the information come from re life expectancy as I would like to quote this to Game and back it up. Also, I have no problems following this matter up in a small claims court, however I would like my PS3 repaired as soon as possible and have looked into doing so with a 3rd party company. Will this effect my claim?

Have gone down the Sony Customer Service route and they were adamant that I paid £145 for a replacement PS3 (one that has been refurbished) and as my PS3 was out of warranty I was not entitled to a new/free one. They agreed that the PS3 I purchased was 'not good value for money' but still wouldn't budge.

Thanks again

 

[Tony]

If you follow the link it will take you to the RETRA website, it is only an indication though and doesn't mention consoles.

I bought mine from Sony, which is probably why I got a different response from Sony Customer Service.

You need to write once more to Game telling them that you are going to get the device repaired yourself (personally I would get a refurb from Sony) and will start a Small Claim to recover the £145 unless this matter can be resolved to your satisfaction within 14 days i.e. a cheque for £145

Did you pay on Credit Card?

 

[Jorumian]

I have just had the dreaded 'Yellow Light of Death' on the PS3 after only 17 months of buying it and as advised on this thread I went back to the retailer (Game) quoting the 'Sales of Goods Act 1979'.

The response I received is as follows:

Thank you for your email.

The Sale of Goods Act states that goods when sold should meet three main tenets: correspond with the description, be of satisfactory quality and be fit for purpose. These are your statutory rights but in addition a retailer or supplier may offer a guarantee or warranty on top - in most instances for a year promising that the goods will be free from manufacturing defects for the first year from the date of purchase.

As your unit was purchased in 2007 the 1 year warranty provided by us as the retailer has expired. Once a warranty has expired a customer can seek redress under their statutory rights and the issue that keeps coming up about this particular product is that should this unit be expected to last longer than 12 months.

Ultimately words like “reasonable” and “satisfactory” are not definitive and open to interpretation and the issue would only really be settled by taking the matter to court.

Regards,

Sam B

The Team at GAME


Has anyone got an idea as to how I should reply to this.

Thanks in advance

I think that letter is simply one to try and frighten you off. The implication being you are getting nothing unless you take them to court and the company will then hope the expense and length of time it will cost will put people off.

Best of luck following through with this, I don't think anyone can reasonably argue that a £400 machine should last 17 months maximum and still fall within the remit of fulfilling statutory rights.

 

[Tony]

This is a strategy used by companies big and small as they know that with each obstacle they place in your a way a few will drop out. It might also be worth mentioning that you are going to report them to Trading Standards.

Tony

 

[Jocksir]

Me to

Hi there, first time caller long time listener.

i have the same prob, ive soken to Sony and they said that they would be happy to replace as a good will gesture, lol. All i need to provide is my receipt only thing is it was bought 17months ago as a christmas pressie and my good lady doesn't know were it is.

I was wondering if the retailers (HMV) are able to re-print or re-isuse reciepts if you can provide proof of purchase??

Thanks in advance
Adam

 

[Tony]

Hi Jocksir, congratulations you are no longer a lurker : )

If you were making the claim directly to HMV under the provisions in the Sale of Goods Act then a bank statement or a credit card statement is good enough as proof of purchase. You don't need a receipt.

If Sony are replacing it as a gesture of good will, they can set whatever criteria they like. It sounds like you may have to take your complaint directly to HMV - I am assuming you didn't pay with cash. And it might be worth asking Sony whether they would accept a bank statement as proof of purchase.

HTH

Tony

 

[elastimum]

PS3 'Overheating' Problem

Hi

Having read similar stories - I thought I'd post mine - for advice on what to do next.
My son's PS3 stopped working about a week ago. When he powers it on - the green-light flashes and then it goes into stand-by mode. Being an avid gamer - he is inconsolable at the minute - as if he's lost a limb!!!
I proceeded to call sony as I'd bought the PS3 about 17 mths ago (christmas 07) and knew it'd probably not be under warantee by Game (which is where we bought the device).
As with others, Sony offered a 'refurbished' console for the bargain price of £145 - with a 3 mth warantee period.
I didn't think this was the best of solutions -so instead took it to a local repair shop. Unfortunately they haven't been able to repair it -so we're back to square 1.
Due to the 3 mth period warantee - I was wondering if it would be better to cut our losses and buy a new one - but I did read that some people have mananged to get a 12mth warantee??

What to do???

thanks in advance