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XBOX360 RROD & Implied Warranties in New Hampshire

seabassseabass DoctorMassachusettsRegistered User regular
edited July 2010 in Help / Advice Forum
So, my xbox just RROD'd for the second time. Last time they fixed it free of cost, shipped it back. I was pretty happy, minus the month without my new console. This time, I'm a whopping 7 days outside of the three years from purchase date express warranty. I'm curious what my options are.

Obviously, I could ask Microsoft to repair the console for 100 bucks, or I could buy a new console for a little bit more. I just don't want to do either, since it seems to be rewarding the wrong sort of behavior. Does anyone have any experience with implied warranties?

Specifically, I'm thinking about arguing the repair / replacement ought to be covered under the implied warranty of merchantability, that the good sold be of 'fair to average quality'. My thought is that two total failures on a piece of consumer electronics doesn't constitute fair to average quality, especially in the console market. For example, my Nintendo entertainment system still works, or, if we want an example with moving parts, my launch ps2 also functions. Those are each over a decade old at this point (I think) with no failures, so shouldn't I be able to expect the same from a new product in the same market?

Is there any hope of seeing relief under the implied warranty? Should I just cowboy up and pay another 200 bucks for the ability to use my software library that I've built up over the years? Should I send it to some unauthorized repair shop or try to buy a refurbished unit in an attempt to vote with my dollars while still having my nifty toy?

seabass on
Run you pigeons, it's Robert Frost!

Posts

  • shadowaneshadowane Registered User regular
    edited July 2010
    When did you get it repaired last time? They give you a new year long warranty at that point.

    Rich on Beer - I talk about drinking beer. You read about it.
  • seabassseabass Doctor MassachusettsRegistered User regular
    edited July 2010
    shadowane wrote: »
    When did you get it repaired last time? They give you a new year long warranty at that point.

    I thought it was 90 days or the remainder of your 3 years from purchase, whichever is longer. In either case, 2008 I believe, so more than a year ago.

    Run you pigeons, it's Robert Frost!
  • FiggyFiggy Registered User regular
    edited July 2010
    You're not going to get anywhere with that line of reasoning.

    The problem is that you want to "stick it to the man" by not buying another console, but you don't want to be without the console. That's where they've got you.

    I think the fact is that modern gaming consoles are just too powerful to last the test of time. Your options at this point are to buy a new console, have this one repaired, or send it to a third-party repair service.

    I don't recommend going with the latter two choices, since it doesn't give you much protection in the way of this happening yet again. You can take solace in knowing that your box died at a great time, seeing as there is a brand new 360 out that is quieter, slimmer, has WIFI, a large hard drive, and it is Kinect ready if you ever decide to try that.

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  • seabassseabass Doctor MassachusettsRegistered User regular
    edited July 2010
    Figgy wrote: »
    The problem is that you want to "stick it to the man" by not buying another console, but you don't want to be without the console. That's where they've got you.

    It's been a pretty good object lesson in sunk costs to be sure.

    And you're right, the 4gb version is what I'm probably going to do if I can't get them to repair my current console or replace it with another similar model. Honestly though, buying the new hardware leaves a really bitter taste.

    Run you pigeons, it's Robert Frost!
  • DarkewolfeDarkewolfe Registered User regular
    edited July 2010
    If you truly believe that the Xbox is not of "fair to good" average quality then don't buy one.

    "Well, look at this. Appears we got here just in the nick of time. What's that make us?"
    "Big Damn Heroes, Sir."
    "Ain't we just."
  • Dr. FrenchensteinDr. Frenchenstein Registered User regular
    edited July 2010
    you can try sending an EECB(Executive Email Carpet Bomb), though i don't know the emails of the big boys at XBox. considering it was 7 days past the warrantee, they might cut you some slack. have you tried talking to their customer service people?

    If you have you can try to send your story into TheConsumerist. Usually when something pops up on there with a wired company, it gets fixed pretty quick.

    When mine RROD'd i realized i hadn't even registered it, doing that over the phone with outsourced people was the worst. it took about 20 minutes for him to get my email right.

  • EshEsh Tending bar. Eating out. Motorcycles. Portland, ORRegistered User regular
    edited July 2010
    you can try sending an EECB(Executive Email Carpet Bomb), though i don't know the emails of the big boys at XBox. considering it was 7 days past the warrantee, they might cut you some slack. have you tried talking to their customer service people?

    If you have you can try to send your story into TheConsumerist. Usually when something pops up on there with a wired company, it gets fixed pretty quick.

    When mine RROD'd i realized i hadn't even registered it, doing that over the phone with outsourced people was the worst. it took about 20 minutes for him to get my email right.

    I'm pretty sure this is really old news to The Consumerist.

    "At first he thought it might be a natural occurrence - maybe a rabbit. But upon closer inspection, it was clear a knife had been used. And rabbits don't carry knives."

    Final Fantasy XIV:Lilja Sunblade
  • DarkPrimusDarkPrimus Registered User regular
    edited July 2010
    Those new slick 360s are supposed to be more durable than ever.

    Of course, they haven't been out long enough for anyone to know for sure - but, having the new version out now could make the sting of having to re-buy a bit less harsh.

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  • seabassseabass Doctor MassachusettsRegistered User regular
    edited July 2010
    How much of a loosing proposition would it be to try to exchange my existing 360 collection for PS3 games via something like goozex?

    Run you pigeons, it's Robert Frost!
  • EshEsh Tending bar. Eating out. Motorcycles. Portland, ORRegistered User regular
    edited July 2010
    seabass wrote: »
    How much of a loosing proposition would it be to try to exchange my existing 360 collection for PS3 games via something like goozex?

    We have no idea what you have. Why don't you go compare the point totals on Goozex?

    "At first he thought it might be a natural occurrence - maybe a rabbit. But upon closer inspection, it was clear a knife had been used. And rabbits don't carry knives."

    Final Fantasy XIV:Lilja Sunblade
  • seabassseabass Doctor MassachusettsRegistered User regular
    edited July 2010
    DarkPrimus wrote: »
    Those new slick 360s are supposed to be more durable than ever.

    Of course, they haven't been out long enough for anyone to know for sure - but, having the new version out now could make the sting of having to re-buy a bit less harsh.

    A little bit of poking around the net suggest that what this means exactly is that:
    1. The three year warranty doesn't apply to the new model.
    2. The new model turns off when it detects it is over heating.
    3. The new model uses less juice and thus produces less heat, lowering the risk of failure.
    Esh wrote: »
    seabass wrote: »
    How much of a loosing proposition would it be to try to exchange my existing 360 collection for PS3 games via something like goozex?

    We have no idea what you have. Why don't you go compare the point totals on Goozex?

    Upon inspection, a large enough loss for me to just hold onto the collection that I can't use rather than eat the loss.


    Additionally if anyone else has a similar question about implied warranties in the future, apparently implied warranties apply only to the state of the item at the time of sale. So, it isn't enough that I find it unacceptable that the hardware only lasted for a year and change twice (making up its three years of service), I would have to make an argument for that making the item unfit for sale three years ago, or so sayeth the consumer protection agencies of New Hampshire.


    I'm pretty sure that dog won't hunt, so that leaves me with buying a new one, or going without.
    That the solution to overheating is to stick in a thermometer and turn off the console is not exactly confidence inspiring, so I'm going to wait a few months (6-12?) and see what people say about the new edition hardware.

    Thanks for the advice folks.

    Run you pigeons, it's Robert Frost!
  • ButtcleftButtcleft Registered User regular
    edited July 2010
    have you even contacted them and asked about getting it fixed yet? I didnt see anything mentioning that in the Op.

    Most companies can be pretty workable with things that die so close after warrenty.

    that's it, I'm shutting this entire forum down, everyone thank buttcleft
  • ThanatosThanatos Registered User regular
    edited July 2010
    Buttcleft wrote: »
    have you even contacted them and asked about getting it fixed yet? I didnt see anything mentioning that in the Op.

    Most companies can be pretty workable with things that die so close after warrenty.
    Yeah, I'd give that a shot.

    That being said, I'd stop thinking of yourself as buying a 360, and realize that you're just renting one for three years.

  • seabassseabass Doctor MassachusettsRegistered User regular
    edited July 2010
    Thanatos wrote: »
    Buttcleft wrote: »
    have you even contacted them and asked about getting it fixed yet? I didnt see anything mentioning that in the Op.

    Most companies can be pretty workable with things that die so close after warrenty.
    Yeah, I'd give that a shot.

    That being said, I'd stop thinking of yourself as buying a 360, and realize that you're just renting one for three years.

    I got shut down on the help line, which was my first course of action. I'm trying to figure out who to write to to file a complaint, but my assumption is that it won't do much more than make me feel better.

    And the renting bit, yeah, that is the god's honest truth.

    Run you pigeons, it's Robert Frost!
  • illigillig Registered User regular
    edited July 2010
    you could also choose:

    C. Fix console yourself for $1 in parts
    D. Buy a new delicious Xbox slim

  • seabassseabass Doctor MassachusettsRegistered User regular
    edited July 2010
    illig wrote: »
    you could also choose:

    C. Fix console yourself for $1 in parts

    I assume you mean resoldering the connections inside of the thing, assuming that's what is wrong? I might give that a try after I'm absolutely positive there is no chance of Microsoft fixing the problem. Are there any very good guides to identifying the problem and fixing it?

    Also, the cost in tools, I mean I have some electronics equipment designed to work on breadboards and to make hobby radios, not do professional work.

    Run you pigeons, it's Robert Frost!
  • WillethWilleth Registered User regular
    edited July 2010
    Look into sale of goods laws. I only found out recently that the Sale of Goods Act in the UK guarantees a five-year warranty, honoured by the retailer, for nonconsumable goods. If you bought an Xbox and it dies in its fourth year, you can take it to the place you bought it with receipt and (after a bit of argument) get them to repair or replace it.

    I've also been told on the phone to MS that because my Xbox broke multiple times, I have had my warranty extended indefinitely as a courtesy. I found this out when I got the red ring just outside of the three-year warranty, same as you, and kicked up a bit of a fuss about it being my fourth machine. Politely, but still. If it breaks again soon I doubt they'll honour that, but it's worth noting.

    @vgreminders - Don't miss out on timed events in gaming!
    @gamefacts - Totally and utterly true gaming facts on the regular!
  • seabassseabass Doctor MassachusettsRegistered User regular
    edited July 2010
    Willeth wrote: »
    Look into sale of goods laws. I only found out recently that the Sale of Goods Act in the UK guarantees a five-year warranty, honoured by the retailer, for nonconsumable goods.

    The US equivalent of that is the implied warranty of merchantability, defined here. In specific 2-314, and as I noted earlier, I'm becoming more and more certain that it unfortunately doesn't apply in my case, unless I can find the word 'reliable' or 'sturdy' somewhere on the packaging. Even then, I believe I would have to take up my grievance with the original seller (best buy in this case), not the manufacturer.

    Run you pigeons, it's Robert Frost!
  • illigillig Registered User regular
    edited July 2010
    seabass wrote: »
    illig wrote: »
    you could also choose:

    C. Fix console yourself for $1 in parts

    I assume you mean resoldering the connections inside of the thing, assuming that's what is wrong? I might give that a try after I'm absolutely positive there is no chance of Microsoft fixing the problem. Are there any very good guides to identifying the problem and fixing it?

    Also, the cost in tools, I mean I have some electronics equipment designed to work on breadboards and to make hobby radios, not do professional work.

    The only tools required are a set of Torx screwdrivers... and an xbox opening tool if you're squeamish about doing this with a flat-head screwdriver and marring some of the external case

    then buy a couple of bolts and washers to replace the stock heatsink mounts (hence the $1 cost), and that should be it.

    there are guides all over the interwebs and youtubes. just google around.

  • WillethWilleth Registered User regular
    edited July 2010
    seabass wrote: »
    Willeth wrote: »
    Look into sale of goods laws. I only found out recently that the Sale of Goods Act in the UK guarantees a five-year warranty, honoured by the retailer, for nonconsumable goods.

    The US equivalent of that is the implied warranty of merchantability, defined here. In specific 2-314, and as I noted earlier, I'm becoming more and more certain that it unfortunately doesn't apply in my case, unless I can find the word 'reliable' or 'sturdy' somewhere on the packaging. Even then, I believe I would have to take up my grievance with the original seller (best buy in this case), not the manufacturer.

    Do you have a problem with Best Buy handling it? If not, then why not talk to them about it? If you have a form of cover there, go for it.

    @vgreminders - Don't miss out on timed events in gaming!
    @gamefacts - Totally and utterly true gaming facts on the regular!
  • Dr. FrenchensteinDr. Frenchenstein Registered User regular
    edited July 2010
    i HIGHLY doubt best buy will do anything at all. Especially since he's already had it replaced once. They will probably argue that he got a refurbished unit from MS, if they even bother to make a legit argument at all.

    Does Gamestop still have a deal going on selling back 360 units? i think mine is on the way out, and i should really sell it ASAP. I tried to use my thumb drive to move my profile and game saves, but the 360 wont recognize it. Is there something i need to do (formatting or whatever) to get it to work?

  • WillethWilleth Registered User regular
    edited July 2010
    i HIGHLY doubt best buy will do anything at all. Especially since he's already had it replaced once. They will probably argue that he got a refurbished unit from MS, if they even bother to make a legit argument at all.

    Does Gamestop still have a deal going on selling back 360 units? i think mine is on the way out, and i should really sell it ASAP. I tried to use my thumb drive to move my profile and game saves, but the 360 wont recognize it. Is there something i need to do (formatting or whatever) to get it to work?

    Yeah, if you go into Settings, you can format the device for the 360.

    @vgreminders - Don't miss out on timed events in gaming!
    @gamefacts - Totally and utterly true gaming facts on the regular!
  • GihgehlsGihgehls Registered User regular
    edited July 2010
    I would never go for anything other than a new console, made this year. Doesn't have to be a slim, but there is almost zero value in going for a repaired or refurbished 360. I say this as an IT guy at a large video game developer.

    PA-gihgehls-sig.jpg
  • ThanatosThanatos Registered User regular
    edited July 2010
    Can you get credit for a non-working XBox on that trade-in thing for the slim?

  • Dr. FrenchensteinDr. Frenchenstein Registered User regular
    edited July 2010
    Thanatos wrote: »
    Can you get credit for a non-working XBox on that trade-in thing for the slim?
    Do you mean the gamestop one? or is there another?

    I don't see the gamestop one advertised, i don't know what the normal trade in values for stuff are though.

  • EshEsh Tending bar. Eating out. Motorcycles. Portland, ORRegistered User regular
    edited July 2010
    Thanatos wrote: »
    Can you get credit for a non-working XBox on that trade-in thing for the slim?

    I'm going to venture a guess at "No".

    "At first he thought it might be a natural occurrence - maybe a rabbit. But upon closer inspection, it was clear a knife had been used. And rabbits don't carry knives."

    Final Fantasy XIV:Lilja Sunblade
  • seabassseabass Doctor MassachusettsRegistered User regular
    edited July 2010
    Esh wrote: »
    Thanatos wrote: »
    Can you get credit for a non-working XBox on that trade-in thing for the slim?

    I'm going to venture a guess at "No".

    When I called and asked at the local gamestop, I was told they couldn't give me any credit, but I could have a box to bury it in for free. Made my day to be sure.

    Run you pigeons, it's Robert Frost!
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