Hello, I was lucky enough to get a Xbox and Kinect from Dick Smith back in December and now the Kinect has died.
I went to register it on the Microsoft website and now it says my warranty expires next month… I'm fairly certain I got the floor unit cause it had I presume one of the staffs user accounts on it. (I just formatted the whole system).
What should I do?
Yeah, I have my reciept. Doesn't say floor model or anything
You'll have no problem getting MS to come to the party on this one.
this is kinda complicated , you would have to talk with Microsoft.
it would 100% be dependent on them and their t+c's , legally , they can say no , since the item was not sold new and unopened which is one of the conditions of manufactures warranty, normally in this circumstance you would go to the retailer.
similar issue with an apple product here https://www.ozbargain.com.au/node/100693
they can easily argue it was not sold to you as new , because it was already registered by the staff member…
It is not complicated, and it would 100% be dependent on the Australian Consumer Law and not Microsoft.
In the eyes of the law the goods are new, thus the warranty is unchanged. It doesn't matter if it was a floor model or not.
well it is complicated because
1 - it was bought from DSE not microsoft
2 - Microsoft has evidence it was used on the date they say, since someone used it online…
3 - Microsoft should not be held accountable for DSE's wrongdoing e.g. selling a used product as new
4 - DSE is dead
5 - manufacturer warranty is provided on products that are sold brand new, not "as new"
6 - store warranty and manufacturer warranty are very different
in a ideal world retailers would be honest and sell you products that are new and sealed , but in this world it often happens that staff take home products to " test " , products get used and returned then resold as if they where brand new, im sure the ACCC would side with the op vs dse , i just have my doubt that they would side with him vs microsoft.
but you are right , it 100% depends on the ACCC.
It is not complicated, this is all outlined very clearly in the ACL.
1 - Doesn't matter.
2 - Irrelevant.
3 - Yeah, but they are.
4 - Doesn't matter, Microsoft isn't.
5 - Not completely true.
6 - Not completely true.
By law, the warranty is from the day the product is sold not first used (even if for display).
@Drew22:
can you be more specific with the link, im genuinely interested as iv looked and i can not find anything that actually sides with you in this situation.
@Settero:
Look harder.
Microsoft wont care if you have proof of purchase, they like all over vendors know that shops demo products and will cover their warranty from date of purchase. Hell, they WANT the shops to demo products.
@Drew22:
Sorry Drew, you're not right.
The item was bought 2nd hand, it won't have the full manufacturer warranty. It's very unlikely under any law, including the consumer law you keep spamming arbitrarily without ANY reference at all, that Microsoft would have any obligation to fix it. That isn't to say Microsoft might just not do it anyway, out of goodwill, or ignorance.
Dick Smith on the other hand would sure have a duty (generally accepted, around a year from the purchase date for such goods), but that disappears when they cease to be a legal identity.
@Drew22: exdemo is used goods. Unless it said used demo includes new console warrenty as granted by Microsoft, then the only implied warranty is with dick Smith.
@Drew22:
Indeed. So Dick Smiths fault and not Microsofts? Can take it up with dick Smith, they might give you some store fixtures to make up for it.
Wait until The DSE you bought it from is closed - should be in next few weeks.
Then they wont be around to argue So Tell MS whatever you like - if need be say that you bought it new - the store must have made an error on your docket or whatever - you have no idea why someone registered the unit
given the store has disappeared, its only resaonable that MS themselves fix any issues, they will just cave and give you pretty much wahever you want - id gun for a brand new Kinect and 12 months warrantly form date of purchase
You are welcome.
What does the manufacture date say (on bottom of console I believe)?
Got proof of purchase? You should be able to get Microsoft to correct it.