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30 Jul 2009
By infaddict

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If your PS3 is out of warrrany & dead - YOU MUST READ THIS!

181 Replies 10,570 Views Created 30-07-2009
30 Jul 2009
By infaddict

This thread is a must read if you own a dead PS3 which is out of warranty.  Thanks to lots of research by me, plus snippets from these forums and the internet, I am hoping I can save some of you lots of hassle (and money).

 

Brief history

 

I own a original PS3 60GB bought from GameStation approximately 3 weeks after release date.  It is now over 2 years old and recently developed a fault.  The unit will turn on for 1 second, sound out 3 beeps and then turn off, with a red blinking light.  There is no way to get the unit to turn on successfully.  A game disc was also stuck inside.  A call to Sony tech support didn't help and they couldn't fix it.  The offered to repair the console but would charge me about £150 to do so! 

 

 

What I found out 

 

After many hours or research, calls to trading standards and to BBC watchdog, I found out a valuable piece of information regarding the "Sale of Goods Act" which is a part of English law (I cannot comment for outside of England).  In a nutshell, this law states that as long as you have proof of purchase, any purchased goods must be of "satisfactory quality" and be "fit for purpose".  Proof of purchase is either your receipt or a copy of your bank/credit card statement showing the transaction.  It also states that the retailer, not the manufacturer is responsible.  Finally, it states that a consumer has up to 6 years to make a claim under this law.

 

What I did

 

I wrote a letter to GameStation and attached a copy of my bank statement from April 2007 (with the purchase highlighted).  I have copied the exact letter below (with my personal details removed) :

 

Your name First line of address Second line of address Third line of address Fourth line of address Contact telephone number Owner/Manager’s name First line of company address Second line of company address Third line of company address Fourth line of company address Today’s date Dear Sir/Madam, RE: Faulty goods and the Sale of Goods Act 1979 (as amended) On [date of purchase] I bought a [description of purchase] from you for [insert price] which has stopped working. The problem is [enter description of fault]. The Sale of Goods Act 1979 (as amended) states that when a consumer buys goods from a trader they must be: as described; of a satisfactory quality; and fit for any purpose made known at the time of sale to the seller. This legislation also states that the seller, not the manufacturer, is legally obliged to sort out a problem if the goods do not meet these requirements. The law also says I have six years from the date of purchase to claim damages for faulty goods. My goods are not [delete as appropriate - as described/fit for purpose/of satisfactory quality] and I wish to claim a [delete as appropriate - repair/replacement/refund] of my goods under the Sale of Goods Act 1979 as amended. Please respond to my complaint within 7 days from receipt of this letter. Yours faithfully, [your name]

 

 

This letter was my backup should my discussions with the store manager fail.

 

I visited the store where I purchased the item (GameStation, Newcastle Upon Tyne) and spoke with the manager first (without slamming my letter on the table).  He hadn't heard about the "Sales of Goods" act and initially tried to tell me that I was only covered by the 1 year Sony warranty.  I explained that this law was related to the retailer (i.e. him) and not Sony.  I then presented him with my letter and asked him to open and read it, which he did.  He then agreed to contact head office and asked me to come back later in the day.

 

 

The outcome

 

I returned later that day to be informed that they would gladly swap my broken PS3 for a new 80GB model there and then.  As a gesture of goodwill they also replaced my game that was stuck inside the machine.  So I now have a brand new 80GB PS3, with a new controller.  This is under Sony guarantee for 1 year. 

 

I'd call that a result :Thumbs:

 

 

 

So.... I hope the above helps some of you in the same situation as me.  I can't believe after 3 weeks of worrying, I now have a shiny new machine.  Please reply if you need any further information or assistance and I will help as much as I can.

 

Cheers.

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Danlisa

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Nice info.

Danlisa sits, puts on hard hat and awaits PFC.

:)
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Danlisa wrote:
Nice info.

Danlisa sits, puts on hard hat and awaits PFC.

:)

 

 

Why single me out? I'm not the only one who points out the short falls in the Sales of Goods Act.

 

I'm amazed Gamestation have done this as they weren't obliged to.

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TheMethod

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I'm with Hudson here...

You did very well but this is an incredibly grey area and they were under no real (infact none at all) obligation to do what they did.

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Yeah the sales of good act must be obliged by any retailer just as long as you can prove its faulty and with the PS3's YLOD, i think it's safe to say everyone know's now it's a fault with the consol overheating and not a problem created by the owner. So yeah good job Infaddict. For everyone else in the EU we only have a max 2 years to return faulty good's.
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geddesmond2 wrote:
Yeah the sales of good act must be obliged by any retailer just as long as you can prove its faulty and with the PS3's YLOD, i think it's safe to say everyone know's now it's a fault with the consol overheating and not a problem created by the owner. So yeah good job Infaddict. For everyone else in the EU we only have a max 2 years to return faulty good's.

 

 

Actually there is no proven fault as yet, at least no inherent fault (which is what the Sales of Good Act requires). A bunch of people posting on a forum with a general hardware fault indication (YLoD) doesn't prove anything, not while there's still working launch day machines out there.

 

As long as there's still working 60GB models out there then you can't claim under the SoG Act unless you can prove, beyond doubt that your own PS3 had a fault at the time of purchase.

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Actually there is no proven fault as yet, at least no inherent fault (which is what the Sales of Good Act requires). A bunch of people posting on a forum with a general hardware fault indication (YLoD) doesn't prove anything, not while there's still working launch day machines out there.

 

 

 

I disagree, all the people posting are getting the same problem there are even unofficial fixes available.

 

If they didn't know there was a fault why would they offer a replacement with warranty for £150,  if your ford fiestas engine self destructed after the warranty was out ford GB wouldn't offer you  a refurbished engine for a third of the original price.

 

 

 
.
Message Edited by Max_Ping on 02-08-2009 08:10 PM
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What the nay sayers are forgetting, is that the consoles that are developing a fault are "not fit for purpose". You can buy a lot of electronics today that will last for years that cost just as much or more than a PS3 and last a lot longer than some of these PS3's are lasting.

 

If the PS3's are only lasting for 2 or 3 years, they are not fit for purpose, because if the TV that I bought at the same time as the console is still working and being used a lot more than the console that develops a fault, then it proves that the Consoles are not fit for purpose, which is to play games for at least 5 years without a problem. Hell, even PC's that are being bought are being used just as much and lasting longer than a lot of these console problems.

 

So yes, there may not be a proven fault as yet, but the consoles are "Not fit for Purpose".

 

My 360 dies a few weeks back, so I will be using this to get myself a free replacement because it gave me the 3 finger salute and we all know this is a major fault with the 360 consoles.

 

So, anyone with Faulty PS3's, the "Not fit for purpose" seems the most likely way to get a fix or replacement, because lets be honest, I have computers of yesteryear that are over 14 years old and still working.

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Thanks for all the replies.  I agree that I would've been in a tricky situation had I been forced to take GameStation (or Sony) to court.  With all their legal might, versus me, no doubt they could've wormed their way out of the Sales of Goods act.  Luckily it didn't come to that. 

 

I am interested to know which retailers are issuing replacements when confronted with the SOG act.  I know that GameStation have done it for at least 2 PS'3, and I know that Game have done it for at least 1 Xbox 360.  If anyone else knows of other stores, add them to this thread to help others.

 

I agree with previous posters referring to "not fit for purpose".  My argument to the store manager was that Sony have not released a successor to the PS3.  Therefore, in my mind, this suggests they expect the PS3 to still be their flagship console.  Hence it should be fit for purpose.  Probably wouldn't stand up in court, but at least GameStation did the honourable thing.  After slagging them off for years for their prices, I'm big enough to give them credit when they deserve it.

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Max_Ping wrote:

Actually there is no proven fault as yet, at least no inherent fault (which is what the Sales of Good Act requires). A bunch of people posting on a forum with a general hardware fault indication (YLoD) doesn't prove anything, not while there's still working launch day machines out there.

 

 

 

I disagree, all the people posting are getting the same problem there are even unofficial fixes available.

 

If they didn't know there was a fault why would they offer a replacement with warranty for £150,  if your ford fiestas engine self destructed after the warranty was out ford GB wouldn't offer you  a refurbished engine for a third of the original price.

 

 

 
.
Message Edited by Max_Ping on 02-08-2009 08:10 PM

Actually that's exactly what car manufacturers do. I know I've taught warranty process' in the motor industry (among other things) for the past decade.

 

Its called a goodwill gesture and its exactly how situations like this are dealt with in a wide range of industries.

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'NOT FIT FOR PURPOSE'....SAYS IT ALL....S.O.G.A. IS THE WAY TO GO!
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geom67 wrote:
'NOT FIT FOR PURPOSE'....SAYS IT ALL....S.O.G.A. IS THE WAY TO GO!

Why did that work for you, they turned me down when i told them about the S.O.G Act.

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WELL, YOU MUST TRY AGAIN....WHO TURNED YOU DOWN?

S.O.G. ACT STATES JUST AS WE STATE: 'NOT FIT FOR PURPOSE' IS UNACCEPTABLE....

WHAT IS 'FIT FOR PURPOSE' AND WHAT IS THE PURPOSE  OF THE PS3?

SURELY THE TORTOISE.....SORRY, PURPOSE OF A PS3 IS TO HAVE A WORKING MACHINE ( OK...THE ODD GLITCH / FREEZE ASIDE) ....BUT THE 'PURPOSE' OF BEING 'FIT' TO PLAY ANY BLU-RAY DISC WITHOUT PROBLEM FOR AT LEAST 5 YEARS.....THAT'S NOT UNACCEPTABLE IS IT?

 

AFTER PAYING OVER 400 SQUIDS 2 YEARS AGO......WHY SHOULD THIS MACHINE FAIL WHEN CHEAP DVD PLAYERS HAVE LASTED  8 YEARS EASILY?

 

DON'T GIVE IN SO EASILY

 

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mmm , I got mine from woolies!
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ITFCdan wrote:
mmm , I got mine from woolies!

 

I got mine from Virgin.
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:smileyindifferent::Help:

Zapping since '07.

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geom67 wrote:
'NOT FIT FOR PURPOSE'....SAYS IT ALL....S.O.G.A. IS THE WAY TO GO!


just to repeat what others have said, you are misreading the SOG act

read this part again

The Sale of Goods Act 1979 (as amended) states that when a consumer buys goods from a trader they must be: as described; of a satisfactory quality; and fit for any purpose made known at the time of sale to the seller

 

It doesn't mean if it breaks due to normal use etc, it means it must have an inherent fault from the start (RROD for example, that was prooven as a design flaw), at the time of sale, and that has yet to be prooven with the ps3 (not that i agree there is one)

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PS3 Slim 120Gb Upgraded To 250Gb

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webrosc wrote:

geom67 wrote:
'NOT FIT FOR PURPOSE'....SAYS IT ALL....S.O.G.A. IS THE WAY TO GO!


just to repeat what others have said, you are misreading the SOG act

read this part again

The Sale of Goods Act 1979 (as amended) states that when a consumer buys goods from a trader they must be: as described; of a satisfactory quality; and fit for any purpose made known at the time of sale to the seller

 

It doesn't mean if it breaks due to normal use etc, it means it must have an inherent fault from the start (RROD for example, that was prooven as a design flaw), at the time of sale, and that has yet to be prooven with the ps3 (not that i agree there is one)


Well if its the lead free solder that cracks and causes this then it must be design flaw so all ps3's with this solder will go soon rather then later and I saw a 160gb going down with the ylod aswell.

 

SCEA YLOD =$149+vat(max 10%)

SCEE YLOD =£150+vat(15%)

WHOS getting ripped off now

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laz1973 wrote:

Well if its the lead free solder that cracks and causes this then it must be design flaw so all ps3's with this solder will go soon rather then later and I saw a 160gb going down with the ylod aswell.

 

SCEA YLOD =$149+vat(max 10%)

SCEE YLOD =£150+vat(15%)

WHOS getting ripped off now


Read up on the issue and you'll see that YLOD is a thing that happens when *something* breaks inside the PS3 and it can't start up properly. This means that not all YLODs are caused by the same problem. If a cable is not attached properly inside the PS3 it will YLOD. There are a few hundred "semi-verified" cases where YLOD is fixed by refloating. There are 200'000+ broken PS3. Those numbers doesn't indicate an inherent fault. For it to be an design flaw, I'd say atleast 30% of all broken PS3s should be fixable by refloating, and there should be a higher than 5% amount of failures.

 

It would be interesting to see a number on how many working 60GB PS3s we have out there.

 

As for the pricing, it's already established that europeans pay more for stuff than americans. Don't blame Sony, they're doing the proper capitalist thing. You'd do it too if you knew you'd get away with it.

Message Edited by Guttergod on 2009-08-10 11:09 AM
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Message Edited by time travelling space smurfs on 2028-03-22 07:49 PM


__________

Facts of the moment:
"My PS3 is not fat, it's just big boned."
"The console war is as real as the war on terrorism."
"The wizards first rule applies to both YLOD and the SLIM."

"Tons of trophies doesn't say you're a great gamer, it says you have too much free time."

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i can confirm that gamestation are replacing ps3 60gbs as long as u have proof of purchase.

they are replacing them without asking any questions. since game and gamestation are the same company, then they will probably replace them also
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Deedie wrote:
i can confirm that gamestation are replacing ps3 60gbs as long as u have proof of purchase.

they are replacing them without asking any questions. since game and gamestation are the same company, then they will probably replace them also

Nice one Deedie hope this is the good news I have been waiting for fingers crossed been having too much bad luck recently

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OMG! That sucks my 60GB refurb just broke few days ago and they said they would charge me £100 and so I just bought a new 80GB today for £299.99 from HMV . :(
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