Friday, May 29, 2009

PlayStation 3 Durability - The Court's Ruling

My PS3 broke down outside of warranty, but by New Zealand law, the Consumer Guarantees Act says that goods should last for a "reasonable" amount of time. I didn't think 21 months was reasonable for a PS3 and since Sony refused to pay for the repair, I took them to court and won.


What won it for me is the Consumer article, which said that computers should last for 5 years and DVD players for 8+ years, both PS3 functions.


They tried to argue that the PS3 wasn't classified as a computer, however there is no reason to suppose that PS3s are any less durable since they are used for games and receive hard treatment from children.


So the Disputes Tribunal ruled that my PS3 was not of acceptable quality and ordered Sony to reimburse me the repair cost.


Anyone is more than welcome to use this case as an example if they have a similar dispute. The case number is CIV-2009-094-000642. Take 3 print outs of the Consumer article.


It cost me $30 to have the hearing and all information you need is on the Disputes Tribunal website. Note that you will need the name and address of the legal entity you're taking to court, which can be found at the Companies Office. You can either take Sony or the company you purchased the thing from. I recommend the latter because it's just easier. The Sony offices are in Australia and they don't have a clue about NZ law.


Note that warranties aren't very important in New Zealand. People selling extended warranties are basically criminal, because we're already covered. See the Consumer article about this.

77 comments:

  1. HI Jason,
    read about your success in Consumer -well bl**dy done.
    Just what we consumers need - someone who has been there, done that, and is happy to help others do the same. Brilliant man. Big ups and all that. Of course you realise you need to be on TV. Got a preference?
    ha ha... actually seriously, you need to be on TV. Get the word out.
    Better get down the road and have a hair cut. This could be big.
    I'll check back later to see what you think.
    and thanks again. SimonB

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  2. Good work mate...yep going through the same procedure and you are right the helpdesk in ozi DO NOT have any idea about C.G.A here in NZ.

    I have been sucessful in getting my TV covered by Sony and they even picke it up from home and fixed it free of charge.

    NO I'm going through the same process with my PS3.

    Basically for those that don't know, the Consumer Guarantees Act states that the consumer can have up to 6yrs to take a product back if the product fails while you are using it how its supposed to be used. ie..turning the PS3 on and loading and playing a game should not cause fuzzy pics etc like in my case. Hence this would not be FREE OF MINOR DEFECTS under the C.G.A and therefore you as the consumer be totally within your rights to have the item fixed FREE of charge. It's also up to you weather you take the matter up with Sony or the Retailer. The retailer would be more convinient as its poss more accesible and they under the C.G.A are supposed to sort the problem out. NOT YOU!!
    If they do not repair the product within a reasonable time you then have the right to REJECT the goods and demand a REFUND in CASH or CREDIT CARD REVERSAL..

    Anywaise glad to hear about your success.

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  3. Brilliant result and congratulations.

    You give the case number but the text of referees'decisions are not publicly available.

    Would it be possible to post a scan of the ref's decision for download from your blog?

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  4. Cheers guys, glad I can help.

    Garry, we've just moved house and the house is such a mess, I can't even find myself. When I track down the letter from the ref I'll post it here.

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  5. Just posted the tribunal's ruling in the next blog.

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  6. MY 60gb PS3 (bought at Launch for $1000AUD RRP) got the YLOD.. its a Hardware Fault that is out of my control. SONY refused to repair as its outside of warranty unless I pay a fee of $315AUD. I was shocked and that really upset me. I'm from Australia and not New Zealand but I will be giving the ACCC call on Monday as I am totally furious of the lack of support from Sony and a high price for a repair out of my control.

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  7. Good luck Ivan, let me know how it goes.

    In Australian law, goods do need to be fit for purpose, which includes lasting a certain amount of time.

    Are Playstations fit for purpose if they break down after a couple of years? No. It's not a case of bad luck, it's a case of being sold a poor quality Playstation 3 and Sony should put it right.

    I don't think it would be unreasonable for you to use the Consumer article mentioned to further your cause. It is particular to New Zealand's Guarantee of Acceptable Quality, but it's certainly in the same ball-park.

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  8. Hey Jase,
    Yes you had evidence relating to your case and New Zealand have slightly different laws to Australia. I am actually spreading this to the Whirlpool forums (#1 Australian IT forum) as a thread.. if you don't mind. Sony have said that the PS3's lifespan is at least 10 years and look at this crap product. Ironically my old PS2 lasted 10 years without a problem. Also Jase one question what was wrong with your PS3? My PS3 doesn't start up at all any more. Look I'll let you know how I go and you may wanna keep an eye on this forum if you wish.

    http://forums.whirlpool.net.au/forum-replies.cfm?t=1231344

    I'll update on how I went Jase.

    Cheers,
    Ivan

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  9. Hey Ivan,

    Not at all. The more people that know the better, and thanks, I'll keep an eye on the link.

    Apparently the blu-ray diode gave up the ghost with my PS3. It stopped reading blu-ray disks but otherwise worked fine.

    Despite Sony being difficult and unreasonable about the whole thing, I still like the Playstation 3.

    When the XBox 360 first came out it had a 30% failure rate. That's truly appalling.

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  10. Thanks for the hard work mate, saved me $375.

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  11. I have been spreading the news. Do you have a link to the scan you mentioned above? I have a 60G model and am concerned at potential failure in the future... compiling a list of resources "just in case".

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  12. I don't have a scanner, but typed the guts of it here:

    http://we-fearless-ones.blogspot.com/2009/06/disputes-tribunal-ruling.html

    About time I bought a scanner thought...

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  13. Hi Jase,

    Good work!

    My PS3 just packed up a couple of days ago so I thought I would have to pay the $320 they want to repair it until I found your site

    Just had a couple of questions: Did you just go straight to the disputes tribunal? My thoughts being that I could go straight to Sony with your case number and its finding and try avoid all that?

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  14. Hi, sorry to hear about your PS3.

    It will be easier and more convenient for you to take your PS3 back to the shop you bought it from. The shop should know NZ law and not be a problem.

    They will probably try to palm you off initially by saying it's out of warranty and out of their hands - giving you the number for Sony's repair shop. But don't accept it. Make a fuss, speak to the manager and mention the consumer guarantees act. By law, if you choose to take back to the shop you bought it from, it is their responsibility to have it repaired.

    I made the mistake of going going through Sony NZ and it took ages to settle. They're Australians and didn't know about the CGA.

    You only need to go to the disputes tribunal if the shop refuses to repair the console for free.

    Good luck!
    Jason

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  15. Thanks for all the info Jason.

    I might have to go through Sony NZ because I have moved from Chch to Auckland so can't go back to the original shop - and am now trying to hectically find the receipt.

    Thanks again though!

    Lee

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  16. Pleasure, hope it goes well.

    I didn't have my receipt and didn't need it in the end. The shop gave me a proof of purchase from their database, but it was never disputed.

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  17. Hey, thanks for posting all this imformation, my ps3 2 1/2 years old just got the YLOD, I took it back to where I bought it and just got a call telling me it was going to cost 370$ to repair, mentioned the cga etc and sony will cover it under warranty yay

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  18. Hey Jason, THANK YOU so much for your efforts on this. I was trying to find a way to fix my PS3 with the YLOD problem - and stumbled upon your post - and got the Call from Aussie Sony saying that they are 'kindly' fixing my machine even though it's out of warranty (it was 26 months old). When I called them the first time they totally were clueless about the consumer garauntee's act and told me it would cost around 315 bucks to fix the machine - Bond and Bond - the reseller gave me the same treatment until I mentioned that I would be pursuing this under the Consumer Garauntee's Act - then that produced a total change - Oh, a CGA claim... just bring it in to any store and drop it off and tell them its a CGA. I did that, and got it back on Friday (3 weeks later). I'm stoked that we have legislation to protect consumers. And more than that I'm really thrilled that I found out about it from your blog. Thanks so much for all your efforts.

    And a word of advice to others getting their machines fixed - mark your PS3 top-cover with a sticker or something, as my scratchless one was replaced with a pretty nasty one and as the cover part doesn't have a serial number you can't prove yours has gone missing when the machine comes back - anyway, a tricky sticker on the cover should encourage it's return - or be proof that it's gone AWOL ;-)

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  19. Great to hear.

    A closely related point which annoys me, is seeing so places selling "extended warranties". They cover us against something we're already covered for.

    The great NZ warranty scam.

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  20. Hi,

    This has been pretty helpful but I'm to seeking your advice on my situation.

    My PS3 broke down about a week ago and has been replaced by a refurbished one under warranty. It at this very moment is sitting at the warehouse waiting to be collected.

    The problem is as a refurbished unit, this isn't the one I bought "brand new" 8 months ago. I have no idea of the history of this PS3 and what sort of treatment it's had or indeed how old it is. I don't even know what was wrong with it in the first place and Sony (or it's agency handling the repair) can't tell me.

    It is however, an 80gb PS3 and the website says that Sony will replace the product with a new one or a refurbished one.

    Basically I'm getting someone elses 2nd hand ps3 and that doesn't seem right.

    Are you able to suggest a course of action here? Does the CGA help me out?

    Many thanks.

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  21. Your PS3 breaking down is a "serious problem" by the CGA. So return it and get your money back. Then you could almost buy 2 new PS3s given their price reduction :)

    I wish I knew this when it happened to me!

    Reference:
    Rights & Remedies section
    http://www.consumeraffairs.govt.nz/consumerinfo/cga/faultygoods.html

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  22. Thanks Jason. I'll let you know how I get on.

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  23. Thanks and good luck.

    As for your original question, I don't know - but it sounds pretty dodgy to me replacing your PS3 with a dirty old, second-hand one. I'd definitely complain or get a refund.

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  24. Heading there tonight. I haven't got seen the refurbished unit yet so don't know what its like.

    The point is, I guess, that it isn't mine. It's someone elses. My is still broken and they haven't fixed it or could probably fix it but not in a reasonable time.

    The warehouse policy says that it has a money back guarantee. I'm going to put this to the test ;-)

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  25. Do it! Good luck. Let me know how it goes.

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  26. Hey Jason,

    When you got your PS3 repaired what happened to your saved game data? Did you lose it all or keep it?

    Thanks.

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  27. You need to back up your data before you send it in to them. You lose it all.

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  28. Can you back it up while you have YOLD?

    If so, how?

    Thanks.

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  29. In the XMB go to,

    Settings > System Settings > Backup Utility

    Choose Back Up & pick the device to backup too (eg. USB stic, USB hard drive, etc).

    See,
    http://www.youtube.com/watch?v=17-1HKZSnvw

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  30. Thanks, but with YLOD (Yellow Light of Death) the PS3 doesn't turn on. It switches on for a few seconds then goes to a yellow light then blinking red.

    Do you know if I can back up while this is happening?

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  31. Oh right, I'm not sure sorry.

    You might be able to remove your hard-drive and put it in your new one. The hard-drive could be keyed to the particular PS3 that formatted it though, but I'm not sure.

    Probably best to contact the Sony repair shop or the people you're returning it to and ask them.

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  32. you can request them to back up saves etc, but may not happen, they still have my 60gig, and has taken a month to say they cant find parts for it, bs I think.

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  33. Does sound like bs. They replace the console, as far as I'm aware, not fix it.

    They're required to repair/replace it in a reasonable amount of time too!

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  34. Thanks for the great site! I have just been to take my ps3 in to get fixed, They are playing hardball I referred your case number and they said they will get back to me on monday, I rang again and they got angry saying I was wasting his time and he will get back to me on monday, i'll fill you in on what happens next!

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  35. Brilliant! Good stuff. Please, let me know how it goes.

    j

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  36. Well after almost 2 months, I finally find out that they can't repair my PS3 and are replacing it with a remanufactured 60gig model (which will likely be rejected as a replacement if it's not in the same excellent condition mine was).

    Ironically Sony took hours to accept to repair it under warrenty (2 years old).

    The major problem has been the store I returned it to, every time I call they told me "It'll be ready in a week" and then finally on Monday (18/01) I was told that the repairs were done (or almost finished) and it would be returned to the store the next day and I could pick it up on Thursday at the latest.

    So today (Thursday) I called up the stores call centre, only to find out it was still with Sony (fixtronics). So I called Sony directly, who have no idea where the dates and information the the Store gave me was coming from.

    So super pissed off at the Store and will be taking it as far as I can with them.

    I highly recommend trying to get the playstation reference number if it gets sent in to get repaired, so you are able to contact Sony directly.

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  37. Also, write down your PS3 barcode (on the back of the console) and you can track its progress at

    http://track.nz.playstation.com

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  38. 2 months! That's starting to get outside of the cga's "reasonable time" frame.

    Seems like Sony's new trick to replace busted PS3s with second-hand ones. It's much better to ask for your money back now so you can get a new one.

    Hey, thanks for posting your experience & tips.

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  39. With a refund under the CGA, would it take into account how old the PS3 was? So would you get a depreciated value?

    Also I have quite a few PS2 games I play often so need the 60gb model for the backwards compatibility.

    Not keen on a refurbished model at all. But there's not much I can do about it, I'm sure the store would throw up a stink if I reject it as a replacement.

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  40. If the goods have a serious problem, you can choose to "return (reject) the goods and get your money back". You should probably get a full refund although I'm sure they'll try it on.
    [http://www.consumeraffairs.govt.nz/consumerinfo/cga/faultygoods.html]

    I'm sure your refurbished model will work out fine.

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  41. I found this interesting piece of information

    "Can the trader take into account the use I've had from the goods and reduce my refund?

    No. The Act says any refund must be of the ammount paid."

    http://www.consumeraffairs.govt.nz/publications/cgagoodsdec07.pdf

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  42. Well got a call this morning, Full refund of purchase price (which is enough to buy 2 new ps3 slims).

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  43. Yes! Finally we've got a way of being properly compensated for all the time spent mucking around and being mucked around.

    Good for you.

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  44. be careful with the new slimline models. Apparently they can have overheating issues. (wonder if they learned how to do that from MS and the XBox360)

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  45. Bugger. Hopefully they don't solve the overheating issues like MS did (by putting more glue on the motherboard to stop the components popping off when the board warps).

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  46. Well, cash in hand, I ended up getting a slim (the failure of the older models is an over-heating issue, the solder cracks and chips (gpu & cpu) stop making contact) I haven't heard the problem with the slim (but as I bought it new, Im not worried as have warrenty and cga of course)....

    Biggest problem I had after everything sorted, when I got to the store to get my cash ($1200), they kept trying to insist that it was a replacement not a refund!!! An hour later and the manager refusing to talk to me, I walked out with cash in hand around the corner to a different store and bought my ps3 and $600 worth of games... A real pitty because the guy i ended up dealing with on the phone went out of his way to get things sorted for me, real big communication problems obviously. I'll never shop with them again.

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  47. Sorry to hear about your difficulties with the store, but I'm glad everything worked out in the end. Champion.

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  48. Hi all, this is an update regarding my post back in Dec.

    When we visited the store, I refused to take the refurb on the grounds that they hadn't fixed my ps3 and it wasn't a suitable replacement for my near new unit. We had an argument with the manager over the money back guarantee and the CGA (store in front of other customers) and she told me that we didn’t understand the guarantee or the act and to call the call centre. This was a delaying tactic as the call centre (who was trying to be helpful) told me that the decision was with the store manager. I wanted to contact the regional manager but they wouldn't give me his details and they suggested I email the store.

    Not wanting to do that, we called the Citizens Advice Bureau who has a direct line to the Ministry of consumer affairs. They discussed this and said that we had grounds and would probably win this in front of a disputes tribunal. I recommend doing this especially if you want an independent, consumer affairs, point of view.

    So I drafted a letter (there are templates on the consumer website) advising them of the situation and that I was taking this to the tribunal because they had not resolved the situation satisfactorily.

    I delivered the letter and we rang a day later to get their response. They said that they had “negotiated” a credit from Sony and that we could collect it that day. My wife went to collect it but was held up for an hour before the regional manager came to see her. He spent 10 minutes away inspecting the boxes etc (I had everything including Killzone 2, I feel it would have been another argument in the making) then gave the dosh back. It took about 3 weeks from the time I dropped it in.

    I don't believe that we can’t trust retailers to behave ethically when it comes down to returns of this nature. It is very short sighted of them as not only do they eventually have to give a refund, but because they have been difficult once we have the cash we’re off to another store. I would have been just as happy if they had found an 80gig (a new ps3) or provided the refund immediately then I would of bought a new one from them. Instead I bought from someone else and am now telling people about our poor experience.

    Sony are ultimately at fault because they are replace broken PS3s with refurbished units however I do expect the retailers to act on the consumers behalf as they make profit from the sale. Instead they make it as difficult as possible.

    For anyone going through this, know your rights, call the CAB and get their view, be reasonable and keep following them up. The 2 months that Stephen waited is totally acceptable.

    Thanks Jason for this website. It helped me heaps.

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  49. Great news Dino. Thanks for taking the time to post your story.

    How retailers treat their customers is beyond me too. I had a 5 minute debate with a toy store manager the other week about returning an out of tune xylophone I bought for my daughter. He kept saying that's it's kids toy so I should expect so much. Amazing.

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  50. Hi guys, my story so far..

    I bought a second hand PS3 on Trade Me and about 2 weeks later YLOD happened. I did some research and found this blog, read it, and took the machine back to the shop where the original owner bought it from.

    this is where the fun began.

    The guy at the shop argued that:

    (1) CGA is only an ACT NOT A LAW so it's a guideline, therefore they can do whatever they want as per their store policy (I didn't realise how ridiculous this was until I gave it some thoughts)

    (2) I do not have the right to ask for a refund as I was not the one who originally bought the machine from the shop (it is still under extended warranty and I have transferred it to myself) and that the original owner has to deal with it, not me

    (3) I can't ask for a refund anyways because it is under their extended warranty and not the manufacturer's warranty

    (4) also tried to tell me that even if I can get a refund it will be at a reduced value

    they are sending it away to have it assessed. Does anyone know if I can refuse to have it repaired from the start? because I know that YLOD is a serious problem but also repairable. I don't want it repaired as I have heard plenty of people saying their repaired PS3 dies again not too long after!

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  51. Hi Ally,

    (1) An act IS law (http://www.legislation.govt.nz). This muppet at the shop is breaking the Fair Trading Act (breaking the LAW) by misleading you on your rights.

    (2-4) Not 100% sure, but it could be right. See:
    http://whatconsumer.co.uk/second-hand/
    http://www.trademe.co.nz/HELP/TOPIC.ASPX?help_id=657

    The downside of a repairing a new one is that they usually replace it with a second-hand one. In your case I'd be happy if they repaired it. Since it's a private sale it looks like you have reduced rights.

    I'd press them on (1) though, it's complete bollix what he told you.

    Cheers,
    Jason

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  52. Hi again,

    My interpretation of that section of the Act is that I can't go back to the guy who I bought it off on trade me and be expected to be covered under the CGA. Im taking it back to the original retailer where the extended warranty is now transferred to my name. what do you think?

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  53. Yes, unless the guy's a professional trader then you can't by the looks, unless he was out to sell you a lemon and you can prove it.

    If you can get it repaired under that extended warranty, go for it. Under the circumstance it looks like the best option for you.

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  54. Hi i got treated like shit when i tried to tell the JB HI FI manager about the CGA. I want a refund fuck waiting for ages to get a repair or replacement. Am i really entitled to this, because the manager said no then he hung up on me.
    I really just want a refund and dont wana repair or replacement.

    And if i call him again and he says no , what do i do then? Slash his tyres lol?

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  55. Classic.

    To get your money back, start by lodging a claim at the Disputes Tribunal ($30).

    To get back at the manager and JB Hi-Fi, email Fair Go and, if you feel you've been mislead you about your rights, claim a breach of the Fair Trading Act at the Commerce Commission.

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  56. Hey yeah I emailed Target a few days ago, still waiting on them, I'll go email fair go too.

    Hey can you please email me more about the process, cos i dont wana look like a dick ay (gewizzil@gmail.com). I talked to citizens advice and they told me i should go to the disputes tribunal as well and to write down everything like the conversations i had with JB Hi-Fi. I've done that and attached references of replies from the CGA website and sources.

    Oh and i usually wouldn't go to all this hassle and say fuck it, but nah fuck them i want to game, and game i shall do. Plus article really inspired me and makes me think i'm actually right for once lol. Mine broke in exactly 21 months as well, so i googled ylod 21 month old ps3 and found this, God bless google lol.

    I'M ALSO KEEN TO GET THE JB Hi-Fi manager fired or something too, he told me to shut up, laughed at me at times, kept butting in then finally hung up in me. Like WTF! That's not how you treat anybody let or known a consumer. Commerce Commission here i come!

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  57. Oh yeah and I cant get the Consumer Article bro. You have to be a member lol. Can you send me that too, although i kinda already got someone from CGA to say it should last five years. It was a reply to someone else s comment but it's still a legit Consumer Adviser so it should be sweet ay?

    And do i take the JB-Hi-Fi that i purchased it from to court or do I take the whole company? I really want to get that dick in trouble lol.

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  58. Might just take it their for a replacement first though, i really just wana play Super Street Fighter 4.It just came out and I already bought it and cant wait to play it lol.

    How long did it take for you to get into the courts and then actually get the money?

    Oh and if the replacement fucks up can i get a refund then? Or do i have to take the repair option< and then wait for that to break lol?

    And thanks for the help, this stuff is a life long treasure bro.

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  59. It's your choice whether to get a replacement or refund. Better to get a refund because the price has dropped and you could buy two PS3s with the cash.

    The court process might have taken about a month and a half lapse. It was pretty painless. Waited for the hearing, then got a cheque in the mail about a week after the verdict arrived.

    I sent you an email with some stuff.

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  60. Hi Steven,

    Great website very useful. I have a similar issue, 80gb ps3 will no longer read discs only 18 months old. I have taken it back to EB games and they are starting muck me around. I took it back in and requested they repair it, I told them form the outset that I believed it would be covered under the CG Act. They advised that they would talk to sony (fixtronics) and soon after advised that depending on the fault they would likely replace it with a refurbished model. I advised that this was not acceptable and that I wanted mine repaired or refunded. Anyway they sent mine away and after three weeks of chasing they advised that it had been repaired and returned, I then picked it up only to find that it wasn't mine at all it was a refurbed one. I took it back in and reiterated my previosu comments about not wanting a second hand lemon. I asked them to phone sony and find out where my ps3 was and what it is wrong with it. Sony adivsed them that they didnt know where it was and finding it would be like finding "a needle in the haystack" unbelievable ! how many could possibly be up there? I've asked them for their companies official response and reiterated my rights under the CGA and that if their response is not satisfactory I would not hesitate to take them to the disputes tribunal. I've tried to look up your D Tribunal decision number on the online search but it doesn't come up. Are you able to email me the decision and supporting docs? Thanks again Mark. mgheavey at hotmail dot com

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  61. Sorry last message was for Jason my bad.

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  62. Hi,

    firstly thanks for putting this up - it's always difficult to get info when trying to deal with the CGA etc. I wish I'd have had that reference when I was going through it.

    I just wanted to add my experience for anyone else researching this.

    I had the Blu-Ray drive fail at 21 months. Harvey Norman (Lower Hutt) were about as objectionable as it is possible to be in the situation, but ultimately sent it to the SOny Service centre free of charge as a 'good will gesture'. It's telling how much they hate the CGA that they would not once admit that it had anything to do with there response, despite the effort I had to put in to get that level of good will. The moral of the story is two-part. Firstly, stick to your guns - the CGA does cover you and with some polite, but form persistence you can get a result. Keep it simple - it's the law, but it's open to interpretation as to what reasonable is. They are entitled to take a position of 1 year being 'reasonable' as it's probably the most cost-effective one. That said they'll probably cave when you show any kind of basic competence in knowing your rights so stick it out.

    Part 2 - Sony are f*cking awesome. My hard-fought repair lasted 11 months and an email to the Sony rep regarding the latest failure got me a next day phone call and an offer of an old PS3 reconditioned or a new PS3 slim. I just wanted to flag this up as some 5 star customer service and they / we should realise they have some people doing right there. (Note : I think this was a result of them taking responsibility for the original repair, so I'd still recommend going to the retailer first - it's probably more convenient - and maybe a little satisfying to be on the 'right' side of a good old fashioned argument )

    Anyway, to sum up - it can be a bit of an effort but the gist of the post above is right - you have rights and if you spend 30 mins reading up on it you can get results with it.

    Good luck if you're about to set out on a similar mission.

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  63. Thanks for that Jamie!

    My experience talking to Sony was less than awesome. I spoke with five people including the acting supervisor at the time and none of them had a clue about the CGA and said "too bad" basically. One of them even said, after admitting they didn't know about the CGA, that the terms & conditions of purchase overrides it, which is bollix.

    They also didn't respond to two letters I sent their complaints department about my dealings with them.

    Have to catch them on a good day I guess :)

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  64. Here's a PDF of the disputes tribunal ruling:

    http://we-fearless-ones.blogspot.com/2010/05/disputes-tribunal-ruling-pdf.html

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  65. Hey man, i got chose the replacement option after all that. I just wanted to jam some games. I took it to fixtronics myself as i didn't trust the wanker at JB Hi Fi. He'd probably try to break it sounding like the prick he was.
    It took them about a week to, i dunno 'find' a replacement. I got it now and jamming some games once again. Am pleased at the moment.
    If this one breaks i'm badly gonna ask for a refund. And then get a ps3 slim and spend the rest on an outing in town or something. Hurry up and break already lol. Knowing it's a refurbished unit, it shouldn't take too long.

    Yeah Sony sounded pissed when they finally agreed, after talking to god knows how many Sony staff. Saying in a jessh kind of tone, he said 'ok then , i guess if you bring it in, we'll replace it with a second hand one in good will'. Lol good will my ass, more like doing your job and obeying the law lmfao.

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  66. Reckon, good will my ass.

    At least you're happy. Hanging out for Red Dead Redemption myself. Out of stock big time.

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  67. Not sure if this blog is still active but my PS3 40GB broke and is not even 2 years old! I purchased it from The Warehouse who were very helpful. They rang Sony on the spot and said I am certainly covered under CGA. Fixtronics however said I would have to pay $315 to get it fixed. I just sent an email to them saying I shouldn't have to pay for the repair. Waiting on a response now. Am I doing things correctly?

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  68. hey jason,

    my story:

    Well i was planning a good gaming session just to relax after work when suddenly my PS3 wouldn't turn on, and after searching the Net i realized it was YLOD problem, GREAT! i was absolutely gutted especially when i knew i was out of warranty. So like always i search the net for a solution for the problem that financially doesnt burn a hole in my wallet. and found properly best talk to sony helpline.... i was wrong they actually told me to send it to fixtronics and would cost 315 with 90 day warranty. (no thanks)

    Randomly i came across your blog and you saved my wallet. Im about to go take my console to Eb games and see what happens. MY ps3 is only 2 and half years old and hasnt had much of a trashing. Ive got all my evidence and studied up on the CGA etc but have one question.

    Ive noticed that ylod is a common problem and found that most people that got it fixed ended up getting the same problem again or got a refurbished ps3. Do you know if i can just take it in and ask for a full refund rather than get it repaired i t kinda seems pointless getting it repair or a refurbished one as id rather just buy a new PS3.

    Ive told everyone i know about your blog as many people i know have had the same problem. thanks so much for giving us the opportunity to give it back to these big retailers.

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  69. Thanks for the great blog Jason. I have just recently had a issue with my second PS3. To paint a picture I bought a 60gb original fat while in oz $1000 au at launch, Last year YLOD right before Uncharted was to come out. So I purchased a new Ps3 Slim 17/9/2009 $599 nz. two days ago my Ps3 struggles to read a brand new game(NBA2k11), I take game back ask for a new game same problem doesn't recognize there is a disc in there. I then go to my brothers and try it on his Ps3 and what do you know it worked no Prob. All other games i own worked on my PS3, so I called sony support and asked what I should do? They suggested doing a full system back up and restore as it sounded like a software issue to them. 24h later (it actually took that long to do it) and having to go out and spend $118 on a HD to do it, will still not work. Called Sony again and they said 1 month out of factory warranty was too long and could fix it for $315 and basically sucks to be you attitude. I said no to the $315 as I just felt it was wrong and thats when I found your site.
    The guy from sony was passing my issue to some other manager who wasn't there at the time and hopefully call me back next week. I really hope i don't have to drop the CGA on them and this can be settled without getting messy. I can afford the $315 but its the principle not even a full month out of warranty its just not right.

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  70. hey iv had my ps3 40 gig for 2 years and 9 months and what do you know got YLOF in the middle of red dead . im just posting this because im a little confused and need help

    first of all can i just rock up to the gamesman lowerhut (Where i brought it from) and say i want a refund ? i honestly cant be fucked dealing with any of there shit i just want my money back .

    Secondly my disk is stuck in the ps3 what do i do about this? PLEASE HELP
    Cheers :)

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  71. Sorry for the late reply guys but Google turned on some kind of moderation thing and I didn't realise I had unpublished comments.

    Probably to do with your swear words eh :)

    Hit me back if you need and I'll keep a keen eye this time.

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  72. cool bro! This is awesome good job Jason and everyone else for fighting for your rights. My ps3 40g phat model died the other day so i am going to buy a ps3 slim from the warehouse tommorrow because i no longer have the recipt for my 40gig and its a refurbished one anway. If my slim breaks down however i will state the

    CGA if i have to and i will keep recipts and packages and everything

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  73. Hi Jason,

    I was pleased to find your post as I'm getting ready to take a faulty PS3 back soon. Would you be able to post your Court Ruling again so I can take a copy with me? I'd really appreciate it. Did you end up being on Target? Don't think I saw it.

    Thanks!

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  74. Hey Jason,

    Do you think you could repost the ruling or help find the ruling on the website? The website one shows the item and ruling, and will have just your name as initials only and no address.

    http://www.justice.govt.nz/tribunals/disputes-tribunal/search-nzlii-nzdispt

    I currently left Harvey Norman's with my console to be repaired by Fixtronics at their choice, but the guy at the shop won't go further unless I write out something. I think a copy of the previous ruiling as per the Disputes Tribunal website will assist me in this matter.

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