Sale of Goods Act question!

steve1873 said:
This is what I get when I put the details into website (including country: United Kingdom)



However, I could not get their diagnostic tool (seatools) to work. Kept throwing up a fatal error while trying to discover devices. So I cannot give them an error code. I do have screen grabs of another diagnostic tool (HD Tune Pro) which I could provide them however.
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Agh, you might have gotten lucky since they've moved to Seagate RMA now.
Since the floods.
 
cm1179 said:
not the customers problem, when you pay for something, the warranty is built into the price you pay. same as anything, be it a microwave or a car.
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The cost of the repair still has to be considered, which is why replacement or refund is an option.
 
It's quite clear you will send the drive back, they refund you the £36. They then send the drive off to samsung, who replace it for them and they then sell the drive at full price. Thus they get a drive cheaper than they can normally buy them for.
 
mmj_uk said:
Seagate now own Samsung's hard drive division according to this:
http://www.theregister.co.uk/2011/12/20/seagate_completes_samsung_buy/

So I would push them for a repair or demand the drive back as you'll be £35 worse off with a partial refund.
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More so. If I were to purchase the drive today from same retailer it would cost me £84.99. They have refunded me £36.81, so I would be £48.18 worse off bearing in mind I do actually have to replace the drive. Add £3.82 to that for postage as well. :mad:
 
steve1873 said:
More so. If I were to purchase the drive today from same retailer it would cost me £84.99. They have refunded me £36.81, so I would be £48.18 worse off bearing in mind I do actually have to replace the drive. Add £3.82 to that for postage as well. :mad:
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Ah £85 thought I saw somewhere it was £70. :p

Yeah whether it's a grey import or not it seems like Seagate will fulfill the warranty so I'd want repair/replacement else the drive be returned.
 
[TW]Fox;21135350 said:
I disagree. The refund is almost what was paid for the item. Leaving aside the irrelevent current selling price, it is a generous and proportional refund.
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That's not the point. The wording of those sectins suggests that the retailer can only choose to provide some form of refund if repair/replacement is disproportionate. Since repair costs them nearly nothing, they can't argue it is disproportionate.


e: nm, skipped a few posts regarding 'processing'. I still don't think that them dealing with a repair through oem is disprop.
 
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steve1873 said:
More so. If I were to purchase the drive today from same retailer it would cost me £84.99.
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That is completely irrelevant and has no place in the discussion, what matters is WHAT you paid for it WHEN you paid for it.

The fact drive prices have gone up is neither their fault, nor their problem.

Purely under SOGA and regardless of the warranty, it would appear they are well within their rights to offer a partial refund.

I would suggest taking it up with the manufacturer.
 
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Fenris said:
That is completely irrelevant and has no place in the discussion, what matters is WHAT you paid for it WHEN you paid for it.

The fact drive prices have gone up is neither their fault, nor their problem.
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but like their T&C says any item over 6mths he is entitled to a repair under warranty and as can be seen by the Seagate website it's simple enough to do. For them to refund him without making any apparent effort to get it repaired is basically conning him out of £50, it's not like they're going to throw it in the bin I bet they've probably already sent it off to the manufacturer.
 
Fenris said:
That is completely irrelevant and has no place in the discussion, what matters is WHAT you paid for it WHEN you paid for it.

The fact drive prices have gone up is neither their fault, nor their problem.

Purely under SOGA and regardless of the warranty, it would appear they are well within their rights to offer a partial refund.

I would suggest taking it up with the manufacturer.
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Nor is it mines though! :confused:
 
steve1873 said:
Nor is it mines though! :confused:
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Unfortunately as a consumer it may not be your fault but it is your problem.

Refuse the refund, get the drive back and take it up with Seagate, if you still get nothing, accept the partial refund.
 
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mmj_uk said:
but like their T&C says any item over 6mths he is entitled to a repair under warranty and as can be seen by the Seagate website it's simple enough to do. For them to refund him without making any apparent effort to get it repaired is basically conning him out of £50, it's not like they're going to throw it in the bin I bet they've probably already sent it off to the manufacturer.
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They better not have as they sent this to me yesterday,

"We have now located your item please advise if you would still like us to
send it back out to you."
 
Fenris said:
Unfortunately as a consumer it may not be your fault but it is your problem.
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Not when the drive is under warranty it isn't. They are making it my problem by refusing to arrange repair or replacement.

If the drive was out of warranty and I had to replace it at higher cost I would have to accept it and bite the bullet, but I hardly think it is unreasonable to expect to not be left effectively £50 out of pocket.
 
You are not left 'out of pocket' though. You are pretty much getting back what you paid for it. Thats the way it is.

Might not be fair, but it is reasonable.
 
Your best bet is talk CAB for the legalities of it but it seems to me the seller is only avoiding the repair route because they've seen an opportunity to make a quick £50 profit at the buyers expense and that can't be right.
 
mmj_uk said:
Your best bet is talk CAB for the legalities of it but it seems to me the seller is only avoiding the repair route because they've seen an opportunity to make a quick £50 profit at the buyers expense and that can't be right.
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Yeah that is my take on it as well, which is why I have requested the drive be returned if they are unwilling to arrange a warranty repair or replacement.
 
How does this partial refund situation stand with law? Surely it must be very open to disputes due to the fact that you as a customer have not entered into a rental but a purchase contract and they're different under law aren't they? I know when logitech tried it on with me over my faulty G7 some years ago I got a full refund after pointing out that I did not at any time agree to rent their product.
 
Dano said:
How does this partial refund situation stand with law? Surely it must be very open to disputes due to the fact that you as a customer have not entered into a rental but a purchase contract and they're different under law aren't they? I know when logitech tried it on with me over my faulty G7 some years ago I got a full refund after pointing out that I did not at any time agree to rent their product.
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I have no idea where you are getting this idea of "rental contract" from, basically within 6 months, any fault is assumed to have been there all along and finding any proof to the contrary is placed on the retailer. After 6 months and before 6 years (in the UK) this is not the case and the retailer is under no obligation to prove the fault was not there, you also must take into account how long a product is expected to last (A pair of trainers for example are unlikely to last 5 years with regular wear).

If the product is within the 6 years and within its expected life time, the retailer should provide repairs, a replacement OR a partial refund, taking into account usage.

The retailer is under no obligation to provide a full refund if the product has been used for longer than 6 months without fault when the buyer can not prove the fault was present on purchase.
 
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