PS3 - Cracked Disks

[HoracePinker]

8 Weeks ago I bought Resident Evil 5 for the PS3 from ASDA, Yesterday it wouldnt load and I noticed a crack in the disk from the center hole.

 

Being as Im not a spotty 12yr old and I look after the things I buy (no offence to spotty 12yr olds ) the rest of the disk is immaculate.

 

I took the disk back today (I still have reciept) to see if there is anything I can do about it, but they said that they cant/wont because they give you 28 days to return faulty goods. I didnt really argue too much as I was unsure of where I stand legally as it was fine until yesterday.

 

What, if anything, can I expect to get back from this, ideally I would just like the game replaced.

 

Thanks for any help/advice.

[stroke a badger]

Giving this a bump.

 

I would have thought that your rights under SOGA remain unaffected and they should unless otherwise stated provide a 12 month warranty. It MAY be worth contacting the manufacture and see if they will for the cost of postage replace it. Nothing ventured, nothing gained!

[blitz]

In my personal opinion a crack in the disk would not be an inherent fault and is usually due to accidental damage, there are many thousands of disks produced every day.

 

That said when it comes to the legality of things, it is up to ASDA to prove that the product did not come like that under the SOGA. (S48A). A company does not have to provide a warranty or tell you they are not providing one, however they are still liable under your statutory rights. My statement above still stands though, I would recommend printing of Part 5a of the SOGA and taking it in (It is the part where it says it is assumed goods do not conform to contract within 6 months of delivery_)

[labrat]

if they refuse to back down check the back of the manual alot of times theres an address to write to and enclose the damaged disk, they then return a new disk for a minimal fee

[HoracePinker]

In my personal opinion a crack in the disk would not be an inherent fault and is usually due to accidental damage, there are many thousands of disks produced every day.

 

That said when it comes to the legality of things, it is up to ASDA to prove that the product did not come like that under the SOGA. (S48A). A company does not have to provide a warranty or tell you they are not providing one, however they are still liable under your statutory rights. My statement above still stands though, I would recommend printing of Part 5a of the SOGA and taking it in (It is the part where it says it is assumed goods do not conform to contract within 6 months of delivery_)

 

Thanks for that blitz, do you know where i can find a copy Part 5a im not having much luck googling for it:confused:

[blitz]

Sorry its never really clear, it is part 48A - F and this is 48A(3)

 

(3) For the purposes of subsection (1)(b) above goods which do not conform to the contract of sale at any time within the period of six months starting with the date on which the goods were delivered to the buyer must be taken not to have so conformed at that date.

 

SGA - Sale of Goods Act 1979 as amended up to date to 1/10/2003

[cazzajay]

aren't all media products such as games/dvds etc exempt somewhere for risk of piracy? i don't know?

[HoracePinker]

Thanks again Blitz, much appreciated

 

aren't all media products such as games/dvds etc exempt somewhere for risk of piracy? i don't know?

 

I did wonder about this myself, but its not as if im asking for a refund or anything i would like the disc replaced with a working one, which is where i thought they may have been a bit more willing to help out.

[blitz]

aren't all media products such as games/dvds etc exempt somewhere for risk of piracy? i don't know?

 

They are exempt from the Distance Selling Regulations if opened, SoGA still applies to them however. You can expect the acceptance period to be shorter however that is for a judge to decide