Returns Question

  Master.mind 23:10 19 Feb 2005
Locked

I've decided to return a CD-Rewriter that was purchased (as one of a pair) at the start of last month.

An increasing percentage of CD-Rs burned have contained data verification errors since purchase and subsequent read problems. Various brands and batches of media have been tried to eliminate this as a cause. I'm finally cnvinced that it has to be the drive at fault.

(These data errors have been reported by Nero software and confirmed using MD5 files.)

I have obtained an RMA number from the retailer (dabs.com). However, I've just received an email from them telling me that as soon as I've sent it back (at my expense) then they will send it to the manufacturers for repair. This seems a bit extreme for a drive that cost about £15.

Am I not right in thinking that because the fault has been identified within six months of purchase then it can be assumed that it was there from the time of sale? Am I not entitled to a refund?

I seem to have nothing but trouble with optical drives. In the last year I've had to throw 2 CD drives and one CD-Rewriter away. In those instances I thought it was easier to throw it and buy a replacement rather than go through the hassle and postage costs of obtaining a refund. This time I decided not to take the easy option.

  Diodorus Siculus 08:53 20 Feb 2005

If there is a fault, they have the option to correct the fault. Logically, it would seem wiser to put it in the bin and give you a new drive, but it is their prerogative .

  HondaMan 09:43 20 Feb 2005

You might want to look at click here as it gives very clear information on traders obligations under the Distance Selling Regs which apply in your case

  Master.mind 11:42 20 Feb 2005

They've said as the fault wasn't reported within 28 days they aren't required to give me a refund and can only offer a repair.

It took sometime to realise that there was a fault with the drive as it's been an intermittent problem and I expect a small amount of failed burns. I also had to eliminate the media as being a faulty batch.

I can't go 6 weeks without a CD drive so I'll have to buy a new one anyway.

That'll be the forth drive in just over a year that's gone wrong and left me out of pocket!

  spuds 13:07 20 Feb 2005

A couple of points regarding consumer law that are worth considering. In a case like this, the Consumer Protection [Distance Selling] Regulations 2000 do not apply, because it as passed the cooling-off stage. The Supply of Goods and Services Act 1982 covers issues of faulty goods and services. If there is manufacturing fault with the item, then the law states that this fault could have been present at time of manufacture, and a six month time span is allowed for the fault to appear. The law then moves a little further, that another six months is added for correction work to be undertaken by the supplier. The manufacturer may provide an extended warranty over and above the supplier legal responsibilities. The law then states that goods could be covered upto 6 years, depending on the item.

Dabs like many other suppliers usually really on the manufacturers for support on repairs and replacements, as this could be a quicker remedy for all. But at the end of the day it is the suppliers duty to comply with consumer law.In this case Dabs cannot insist that the item is repaired. Dabs may have a possible comeback, and suggest that the disks that you are using are not compatible with their product, hence all the problems. I notice that a number of disk suppliers are changing their selling procedures, and are now referring people to compatibility links.

  Totally-braindead 13:46 20 Feb 2005

The only thing you can do is return it and see what happens, although Dabs are saying they will send it back to get it repaired they may not actually do this, at least you can hope so. I suggest you try including a letter asking that as it may be some time before it gets repaired and you need it so badly that as a gesture of goodwill they just replace it. I don't see that they have any obligation to do so but its worth a try. Incidentely I've built perhaps 30 systems over the last 4 or 5 years and only one optical drive has ever failed, a Creative one which to be honest with you I wasn't happy about as soon as I installed it, the build quality was terrible. You must be very unlucky to have so may problems with cd roms.

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