New 3 TB Hitachi with bad blocks, retailer to replace?

[OCdude]

Just bought a couple of new 3 TB Hitachi drives, looks like one has some bad blocks (and has nicely corrupted several GB of stuff!)

If I only bought the drive a week or so ago (definitely under a month), am I right in thinking that company I bought the drive from (not ocUK!) should replace the drive?

I'm pretty sure they'll try and fob me off and tell me to go to Hitachi, but I just wanted to get my facts straight first!

Thanks!

 

[tomos]

if you have a fault, the company should deal with it within 6 months. after that they can refer you to the manuf iirc

 

[Nikias]

Yes, your contract is with the retailer. Ss.14(2) and 48 SGA 1979 are what you're looking for. They need to replace or repair the drive within a timely fashion.

 

[IAmATeaf]

Yes, your contract is with the retailer. Ss.14(2) and 48 SGA 1979 are what you're looking for. They need to replace or repair the drive within a timely fashion.

TBH, all this means is that they'll take the drive and process it as an RMA which will involve sending the drive back to Hitachi and then awaiting a replacement. If you can do this yourself then as you've cut out a middle-man, over which you have no control then I've always found direct RMAs with the drive manufacturers to be much quicker.

 

[OCdude]

Not sure how/when RMAs come into play.

For example, i've received a few damaged HDDs in the past (as in, physically damaged), and these were just swapped by the retailer.

I'm assuming the RMA procedure is to determine exactly if they're buggered or not, hence the reason the retailer won't want to send a replacement?

 

[DrMekon]

If the device is faulty within 6 months, the SOGA states that it must be assumed it was faulty when supplied, and you are actually entitled to a repair or replacement.

Ive returned a graphics card which developed a fault after 5 months, and got the item replaced with a new one, despite the rep saying this could only be given in first 30 days - I told him to check SOGA!

Getting your goods repaired or replaced

If there is something wrong with your goods and you aren't entitled to, or don't want to get a full refund, you can ask the trader to either repair or replace them for free instead. You might not be able to get a full refund if, perhaps, you had the goods for too long before realising there was a problem, or before the problem became obvious.

If you take the goods back within six months of buying them, the trader must accept that they were faulty at the time of sale and offer to repair or replace them. If the trader doesn't accept that the goods were faulty, they will have to prove this.

If you have had your goods for more than six months when they go wrong, you can still ask the trader to repair or replace them, but you may have to prove that they were faulty when you bought them if the trader doesn't agree. You can ask for a repair or replacement at any time up to six years after you bought the goods (five years in Scotland), as long as it is reasonable for them to have lasted this long. If the goods go wrong after six years (or five in Scotland), you no longer have the right to ask for a repair or replacement.

 

[marms]

Yes, your contract is with the retailer. Ss.14(2) and 48 SGA 1979 are what you're looking for. They need to replace or repair the drive within a timely fashion.

TBH, all this means is that they'll take the drive and process it as an RMA which will involve sending the drive back to Hitachi and then awaiting a replacement. If you can do this yourself then as you've cut out a middle-man, over which you have no control then I've always found direct RMAs with the drive manufacturers to be much quicker.

It also means that if the manufacturer goes bust any time in the future you're stuffed because you loose your rights under SOGA when you return the drive to the manufacturer so any future problems with the drive won't be covered.

Also retailers should just send you a new drive so soon after purchase as you're entitled to under SOGA, the manufacturer will usually send a refurbished drive.

 

[OCdude]

If the device is faulty within 6 months, the SOGA states that it must be assumed it was faulty when supplied, and you are actually entitled to a repair or replacement.

Ive returned a graphics card which developed a fault after 5 months, and got the item replaced with a new one, despite the rep saying this could only be given in first 30 days - I told him to check SOGA!

Yup I had to do this when I received some smashed up drives!

"Sorry, you didn't tell us within 48 hours of receiving them"

Yeaaah... nice try mate

 

[Nikias]

Not sure how/when RMAs come into play.

For example, i've received a few damaged HDDs in the past (as in, physically damaged), and these were just swapped by the retailer.

I'm assuming the RMA procedure is to determine exactly if they're buggered or not, hence the reason the retailer won't want to send a replacement?

As quoted by DrMekon: "If the trader doesn't accept that the goods were faulty, they will have to prove this." I.e., you are given additional rights as a consumer under s.48 SGA 1979. It is actually virtually impossible for a retailer to prove this and they are certainly not going to risk it in court.

You don't need to wait for them to RMA it; you just need to tell them it's faulty, send your old one back and ask for a replacement. RMAs and manufacturer guarantees (third parties to the contract) come in useful after the six month period when the burden is on you to prove the fault.

 

[OCdude]

As quoted by DrMekon: "If the trader doesn't accept that the goods were faulty, they will have to prove this." I.e., you are given additional rights as a consumer under s.48 SGA 1979. It is actually virtually impossible for a retailer to prove this and they are certainly not going to risk it in court.

You don't need to wait for them to RMA it; you just need to tell them it's faulty, send your old one back and ask for a replacement. RMAs and manufacturer guarantees (third parties to the contract) come in useful after the six month period when the burden is on you to prove the fault.

Ah okay, well they've asked for the serial because they're going to start the RMA procedure. If they tell me i'll have to wait for Hitachi to collect/replace etc, i think i'll mention the SOGA and ask when to expect my replacement!