Manufacturer Says New Warranty Period Will End Based on Original Purchase Date of Product rather than the New Replacement Date

jackjason on 21/09/2016 - 13:03
Last edited 23/09/2016 - 13:56

Hi guys,

I have a situation which I want to put forward to the community.

I purchased a Sandisk SSD Plus based on this deal (https://www.ozbargain.com.au/node/206560). The drive completely died on me over the weekend i.e. I can't recognise the SSD through the BIOS so I'm guessing it is stuffed altogether (tried with different cables and systems - still no dice). So I contacted Sandisk RMA and they agreed for a replacement. I then asked them about the warranty and what they told me is that the warranty on the new SSD would be till August 2018 as I purchased the original one in August 2015. I told them that would be incorrect as the new replacement is effectively a new product and I should be provided the full three year warranty based on the replacement date i.e. warranty should expire in September 2019. They basically said that it was not possible so I told them to give that in an email and I will raise it as an issue with the ACCC. So I'm still waiting on that email now.

All I want to ask is if I'm on the right track in saying that the warranty should be covered for the full three years from the date of the replacement rather than the original purchase date.

TL, DR: When should warranty start if the product is replaced in between the original warranty period - date of first purchase or date of replacement.

UPDATE: Thanks for all your responses guys. Really appreciate it.

I had a chat with ACCC and I was told that warranties are voluntary promises which means that it is up to the manufacturer to reset the warranty or to continue with the original warranty. However, I was told of another option called the Consumer Guarantee which allows me to contact the retailer and ask them for a refund (refund amount to be negotiated between myself and them) - this is assuming that product failed during the acceptable life of the product (acceptable life of a SSD is open to interpretation but I would presume that 3 years is a reasonable expectation).

So now the question is which is the better option. Any opinions as to what is the best way to go forward?

FINAL UPDATE:
Thanks for everyone's feedback. Really appreciate all the responses (both positive and negative) - this gave me a different lens to look through also. Based on my conversation my ACCC, I have decided to replace the item for now. I thought it would not be fair to judge a company based on a single product failure. If the new item fails in the next year or two, I will use the Consumer Guarantee to get a refund from the retailer as it would be classified as a major fault (assuming it would be a similar issue) and not fit for purpose (as I expect a SSD to last atleast 3 years) and go for another manufactuer.

Computing

Comments

  • retiredfeline on 21/09/2016 - 13:09
    +45

    If the warranty period resets with every replacement wouldn't that give you indefinitely long warranty as long as the product fails before the period is up?

    • bobbified on 21/09/2016 - 13:23
      +3

      I would've thought that the warranty would start again with the replacement.

      The problem with the product would be classed as "major" and OP has a right to ask for a refund or replacement.

      If the OP demanded a refund and he then went and bought another one from the shop, then the warranty period would start again on the purchase date.

      Based on that, my logic says that there should be a new warranty for OP's situation.

      • retiredfeline on 21/09/2016 - 13:37
        +3

        But setting aside the question of whether refund will indeed be offered in addition to replacement, that logic doesn't hold in general. When there are multiple courses of action, it's up to the person to determine the most favourable one, not up to the supplier to make all scenarios equally favourable.

        • bobbified on 21/09/2016 - 13:40
          +1

          it's up to the person to determine the most favourable one

          I think you're right here.

          Everyone seems to suggest that only the balance of the original warranty period applies to the replacement product, but I can't seem to find anything on the actual laws that govern this particular area and no-one has supplied a reference.

          Does anyone have a link?

          OP, I think you should simply demand a refund and buy a new one.

        • Kangal on 21/09/2016 - 17:02
          +1

          @bobbified:

          The law only covers the minimum warranty period.
          However, if the device stops working prematurely within a "reasonable time" then you are also eligible for a fix or replacement… and in the dire situation monetary compensation.

          Retailers thus target the minimum, and try to skimp on returns and refunds to maximise their profit margins.

          You will not win the war on getting extended warranties.
          Half the time the retailers will be willing to extend it, or offer it, in return for a cost though.
          Otherwise, you are better served with a full-refund and purchasing the item again.

          The only issue with that is, if you bought it with a coupon or on discount, you will forfeit that price the second time.
          But that's the price you pay to do business.

        • wallet72 on 22/09/2016 - 10:46

          @bobbified: I was told to look at it this way, the manufacturer only warrants the ORIGINAL purchase will last X amount of time. If they have to replace it within that time it is still to ensure the original warranty is honoured. There is no separate warranty for the replacement, it just takes the place of the original item and is under the original warranty.

      • Shopaholicdesi on 21/09/2016 - 17:45
        +9

        I would have taken the refund as cash and buy the 2nd one as a new purchase to get long warranty period đŸ˜‚

        • jackjason on 21/09/2016 - 22:55

          Yeah, that's what I'm also inclining towards.

      • jackjason on 21/09/2016 - 22:57
        +1

        @bobbified
        Agree with you there; I had a WD drive fail on me a few years back while it was in warranty. I had it replaced and they reset the warranty period.

        • Cobalt_ on 23/09/2016 - 09:47

          I've had 4-5 WD drives fail on my over the last 10 years and every time the replacement drive warranty was aligned with the original. I would find it highly unusual WD would have changed this policy.

          The only time I would see the warranty getting reset is if you were to take it back to the original retailer and they replaced your failed drive with a new one out of their current stock.

      • Harold Halfprice on 21/09/2016 - 23:29
        +6

        Why should you get a renewed warranty? That doesn't make much sense.

        The warranty is applied from when you purchase it, and for a 2 year warranty that means it's guaranteed to work for the next two years - otherwise they will fix/replace it to ensure you have a working product.

        Once those initial 2 years is up, the warranty is over, and the manufacturer met their guarantee of providing you with a working product for 2 years from the purchase date. That was the guarantee given to you when you purchased the item.

        Notice how the warranty begins from when you purchase it? Not from the date of manufacture

    • jackjason on 21/09/2016 - 14:43

      Thanks for your response. I can assure you that I had no intention on "fooling" the system.

  • picklewizard on 21/09/2016 - 13:14
    +17

    A replaced product does not mean that your warranty period resets I'm afraid.

    If you pay to have the product repaired, you will generally get a warranty on parts + labour.

    Manufacturers might throw you an extra three months or something as a gesture of goodwill, but they've entirely fulfilled their obligations as far as warranty is concerned by honouring the original specified period from date of purchase.

    You seem quite brash in your approach; I'm not sure why you're of the impression that you're entitled to anything beyond what you paid for.

    • jackjason on 21/09/2016 - 14:44

      Thanks for your response.

  • hell0 on 21/09/2016 - 13:18
    +10

    The answer is 'date of first purchase'.

    • jackjason on 21/09/2016 - 14:44

      Thanks for your response.

  • Skramit on 21/09/2016 - 13:22
    +9

    As above, its always the original purchase date. Sorry.

    • jackjason on 21/09/2016 - 14:44
      +1

      Thanks for your response.

  • seraphim2017 on 21/09/2016 - 13:22
    +4

    the date of first purchase is the date of warranty, even if it failed on the last day of the 3 years, you'd have a day of warranty on the new drive in theory, otherwise, people would try to stuff their old drives and things just before warranty expiration just to keep getting new ones!

    However, warranty doesn't mean expected life of the product, it still has to be durable and fit for purpose, so an ssd should last quite a while unless defective or used as a server, although this would still run from the 'first purchased' date.

    • jackjason on 21/09/2016 - 14:44

      Thanks for your response.

    • jackjason on 21/09/2016 - 23:11

      Just want to call out a statement you made - to help me with the understanding; just so that I don't make a similar mistake in the future.
      "so an ssd should last quite a while unless defective or used as a server" <— Are you saying that if a SSD is used in a server (which I didn't use btw and now I would be afraid to do so), the three-year reset shouldn't be a valid argument? My understanding was that the expected life of an SSD would be a min of three irrespective of whether you used in a normal system that is run 24/7 or a server. Is this not the case?

      • seraphim2017 on 28/09/2016 - 08:41

        using as a server would involve hugely more read and writes (which the SSD records by the way) so they design commercial grade SSD's which could handle this.

        most warranties imply 'normal use' i.e if you argued that you bought a consumer product and used it commercially (harder life) you would have less truck than if you bought a commercial grade. I have a set of Makita tools which are a 5 year warranty, or 'two years if used commercially' instead of by a consumer. This is because a tradie would be on them all day every day and they would be expected to wear out faster, and it is all about reasonableness.

        TL:DR. If you use things as a consumer, they're rated not to wear out, if you buy consumer and wear them out doing commercial use type things (server etc) expect them to last less time. Warranty isn't JUST about time, it's also about wear and tear, it's why cars have a 5 year, 100,000km warranty, and not just a year, imagine warrantying a car to do 200k a year (doable!)

        Also, a warranty reset is NEVER a valid argument, done again and again and again in small claims court (fairtrading) without success.

  • Paul Atreides on 21/09/2016 - 13:29
    -5

    To answer your question OP, you are completely off track.

    • jackjason on 21/09/2016 - 14:45

      Could you please elaborate?

  • geek001 on 21/09/2016 - 13:33
    +7

    You are lucky they are replacing it with a new SSD. Replacement doesn't always mean a new one, in most cases, replacements are refurbished items. So I think it is reasonable that manufacturers only cover you till the end of your original warranty, unless you fork out decent money for a completely new replacement.

    • jackjason on 21/09/2016 - 14:45

      Thanks for your response. They told me it would be a new one - but I will confirm with them again.

  • apple2016 on 21/09/2016 - 13:58

    Are you sure that the replacement is a new disk and not a refurbished disk?

    • jackjason on 21/09/2016 - 14:42

      Thanks for your response. They told me it would be a new one - but I will confirm with them again.

    • jackjason on 21/09/2016 - 23:05
      +1

      Confirmed it would be a new one itself

  • Colombian on 21/09/2016 - 14:30

    Lol, first time I read that somebody wants a warranty reset after replacement of a product. The so-called warranty-loop.

    • jackjason on 21/09/2016 - 14:46

      Thanks for your response. I can assure you that I had no intention on "fooling" the system.

  • jackjason on 21/09/2016 - 14:41
    +3

    Thanks for all your responses guys. Really appreciate it.

    For all people thinking I'm trying to outdo the system by having an infinite warranty, that's not at all what I had in mind. I just wanted to understand my rights as a consumer. So I apologise if I sounded rude in my OP as I was quite annoyed with Sandisk as I had to chase them up rather than they giving me updates on the incident. Warranty was a secondary issue to be honest.

    I had a chat with ACCC and I was told that warranties are voluntary promises which means that it is up to the manufacturer to reset the warranty or to continue with the original warranty. However, I was told of another option called the Consumer Guarantee which allows me to contact the retailer and ask them for a refund (refund amount to be negotiated between myself and them) - this is assuming that product failed during the acceptable life of the product (acceptable life of a SSD is open to interpretation but I would presume that 3 years is a reasonable expectation).

    So now the question is which is the better option. Any opinions are to what is the best way to go forward?

  • AnDyStYLe on 21/09/2016 - 14:43
    +2

    To play devil's advocate, I was informed on the contrary to what's said above about warranty not resetting when I had my Apple iPhone 6 replaced due to a hardware fault earlier this year.

    The Apple "genius" rep that served me replaced my faulty phone with a new (refurbished) one and confirmed that the warranty on the replacement commences from the date I received the replacement (i.e. 1 year Apple, further 1 year ACL = total of another 2 years). That was my experience for this specific example.

    • apple2016 on 21/09/2016 - 15:33

      Apple's warranty states that its from date or purchase and not from date of replacement. check here.

      Once I received my Iphone with a defective screen. I reported the issue and they accepted an return on the existing phone and placed a new order again. In this case my warranty started from the new order date. Did they do something similar for you?

      • AnDyStYLe on 21/09/2016 - 16:13

        My replacement was a direct swap in store. The rep said that "the warranty on the replacement would start as of today, so you get another 2 years on this replacement". I was like "4 r34lz???" and he said "yes, you'll have 1 year Apple + 1 year ACL similar to what you had on your faulty phone" (I brought in my faulty phone in around the 18th month of purchasing it). In hindsight, maybe I should have got it in writing…

        • theguyrules on 21/09/2016 - 18:39

          My mum said the same thing when she got her iPhone 5 replaced in the Apple store recently. I was very surprised. But they definitely told her she gets another 12 months warranty on the replacement phone. Must be an apple thing.

      • cheesecactus on 23/09/2016 - 10:55

        Ive had an iphone 5 and also a macbook pro replaced at an apple store, both times the warranty reset (which I double checked online).

    • jackjason on 21/09/2016 - 23:00

      @AnDyStYLe
      I would have thought too that it was a reasonable expectation however Sandisk believes that is not the case. WD, on the other hand, actually reset the warranty period when I had a similar experience.

  • JIMB0 on 21/09/2016 - 14:43
    +4

    I'm sure this issue came up in an episode of The Checkout on the ABC and the answer was that the warranty does start again.

    • jackjason on 21/09/2016 - 23:03

      From what I understood from my conversation with the ACCC is that warranties are voluntary promises which means that it is up to the manufacturer to reset the warranty or to continue with the original warranty. So I believe this is based on manufacturer's trading practices.

  • HarmonicMelody on 21/09/2016 - 15:03
    -6

    It starts again.

    Ignore all the pro-corporation suckers

    The warranty period resets when the faulty item is replaced. It's the same thing as getting a refund and then buying the same item again.

    There will be no "warranty-loop" if goods last a reasonable time.

    • apple2016 on 21/09/2016 - 15:34
      +5

      It does not reset even if you shout!…

      • derek324 on 21/09/2016 - 15:52
        +1

        Wrong - it depends on a manufacturer, product, specifics. Example: read Galaxy Note 7 replacement details. You get a new item (not a refurbished one), and the warranty does reset.

        Australian Consumer Law: "You can ask for a replacement or refund if the problem with the product is major". So it is only a question of how the paperwork is handled, right? Do not ask for a replacement: ask for a full refund, and buy a new, identical item.
        https://www.accc.gov.au/consumers/consumer-rights-guarantees…

  • derek324 on 21/09/2016 - 15:08
    -2

    It depends on the terms and conditions detailed in a specific warranty. If a manufacturer guarantees a product to work for, say, 2 years, they have various options, typically: repair it, replace with a refurbished one, replace with a new one, provide compensation or a future purchase discount. If a manufacturer decides to replace with a new one, not starting a new 2 years warranty is totally illogical.

    Example: Samsung recall of Galaxy Note 7 due to manufacturing error (battery): condition of replacement: replacement Note7 device will be a new device, a new two (2) year manufacturer’s express warranty for all replacement Note7 devices.

    The above is of course a bit different, it is for a global recall situation. But there is no reason why different logic should apply if there is a manufacturing problem which affected very few devices, mine happens to be one of those affected, and the manufacturer decided to replace it with a new one (repair or refurbished replacement is different scenario).

    • rompastompa on 21/09/2016 - 15:51
      -1

      a new two (2) year manufacturer’s express warranty for all replacement Note7 devices.

      This is offered by the manufacturer as 'good faith'. They didn't need to do this by law, but needed to do it for their company image. If they didn't offer it, most users wouldn't buy another Samsung device.

      • derek324 on 21/09/2016 - 15:57
        +2

        That is correct. However IF a manufacturer elects to replace a faulty product with a new item (as opposed to repair it, or compensate in some other way) there is absolutely no logic behind: we are sending you a new one, but with shorter warranty.

        • jackjason on 21/09/2016 - 23:04

          @derek324
          Completely agree with you there hence my OP. If they are replacing me with a brand new device, why can't they honour the 3-year period again?

        • [Deactivated] on 22/09/2016 - 00:44
          +1

          @jackjason: It's because they obligation for support would balloon out on obsolete products. Microsoft learnt this lesson the hard way with Windows XP.

          Imagine a company sells a laptops with 5 years warranty (they do).
          You buy it 2 years after production is finished.
          It then breaks after 4 years.
          It breaks again after another 3 giving you another 5 years warranty.

          That means they would have had to store parts (stocktake, rent, air-con for sensitive parts so they don't degrade) and train technicians to repair your laptop for 2+4+3+5=12 years. That only includes 2 faults, most warranty terms and conditions state 3 repairs before replacement (minor fault). They can't be expected to look after their old products for over 12 years.

          Some companies do offer that really long support but when you go to buy a part for an 8-10 year old laptop it's pretty common for the price of it to be like $1000 for a motherboard and it's because of those involved costs.

        • derek324 on 22/09/2016 - 05:51
          -1

          @voolish:
          What you wrote is only of interest to manufacturer when they balance marketing benefits of offering long warranty vs. internal costs of handling warranty claims, and decide how long warranty they can afford to offer. Rationale why "X years" is of no interest to consumers.

          How about this scenario: I bought a product with 5 years warranty, it failed precisely after 5 years. I received a replacement, a brand new item… with 0 days warranty? Makes no sense.

        • [Deactivated] on 22/09/2016 - 09:13
          +2

          @derek324: It makes total sense. You bought an item with a guarantee that if it failed within 5 years it would be repaired or replaced from date of purchase. They did that. They never promised any more than that because they can't keep a promise like the one that you want.

          I'm not saying what you want is wrong, it would just require a new contract. Some manufacturers allow you to extend warranty after purchase if you want that. If you're unhappy with the product you can get a refund if it's a major fault, you can sell it after it's been fixed/replaced if it's a minor fault and buy something else.

    • jackjason on 21/09/2016 - 23:23
      +1

      I'm not sure if recalls fall in the same category as defective products however I do understand the position you are coming from.

  • derek324 on 21/09/2016 - 15:10

    duplicate deleted

  • Jim au on 21/09/2016 - 18:11
    +1

    This is my experience, I got my laptop replaced with 1 year warranty (warranty reset)

    • jackjason on 21/09/2016 - 23:13

      Great; thanks for sharing. If you don't mind, can I know the name of the manufacturer; atleast I would know who to get my laptops from in future :)

      • Jim au on 22/09/2016 - 21:12
        +1

        No worries mate,The faulty unit was HP 250 G3.
        The new replacement unit was HP 250 G4.
        The replacement process was really easy, hp sent the new unit to my door and the faulty unit was picked up 2 weeks after sending the new unit to allow me to copy all my files to the new laptop.

        However no reset warranty for mobile phones, After asking Samsung mobile phone company they said most of the time when they replace a unit they will give a refurbished unit and the warranty doesn't reset.

  • cloudy on 21/09/2016 - 18:23
    +1

    I had wondered this as well, when I had my Dell inspiron laptop die 2 months before warranty, so I immediately got it fixed. Bad mobo was apparently common.

    After only 6 months of the fix, the mobo dies again! When I contacted them, they said it's out if warranty. I was young and ozbargain wasn't in existence, so I gave up. But I honestly believe whatever gets replaced, should be new, and in itself be covered for a reasonable period thereafter.

    I never bought another dell.

    • jackjason on 21/09/2016 - 23:21

      Thanks for your response.

      Don't know why you got negged as you were expressing your experience and opinion.

      • cloudy on 22/09/2016 - 10:03
        +1

        It's ozbargain , makes our skin a little thicker :)

    • [Deactivated] on 22/09/2016 - 00:45

      It is covered if it is the same exact reoccuring fault (might only be Dells policy but that's what I've heard). If it's a different fault then no.

      • cloudy on 22/09/2016 - 10:02

        And how am I supposed to know what's causing the fault? If they don't come out and check it out? The least they could do is to send someone out and confirm if the fault is theirs or not.

        But hey, the difference between a life long customer and someone who will never touch dell again was decided right there, refusal to take an extra step right that moment.

        • [Deactivated] on 22/09/2016 - 10:43

          I should've been more specific. Same exact symptoms, i.e. not turning on at all. If it was doing that the first time and it did that the second time you'd be covered (because some manufacturers give reasonable doubt they failed to fix it initially), however if the first time there was no LEDs coming on at all and the second time it was turning on and say freezing at a black screen, it would be a different fault that has occurred outside of warranty.

        • cloudy on 22/09/2016 - 11:15

          @voolish:

          Well both faults were identical in my case but Dell didn't care.

    • highdealer on 22/09/2016 - 15:02
      -1

      You bought a product that is expect to work for x amount of time. It served you for 4 months more than expected yet you are still complaining?

      • cloudy on 22/09/2016 - 15:33
        -1

        Actually I bought a laptop expecting more than 2yrs, I was just guaranteed for 2, but thought the well known brand of Dell would be more reliable than that, alas I was wrong. That model or laptop was a POS and widely complained about (after a year of release). I bought it after about 6months after release before the now infamous mobo issue was widely known.

        I might add, I am not complaining per se, I am sharing my experience with the OP.
        I generally don't kick a stink about things like this, I simply don't buy from these brands again.

  • multiphase on 21/09/2016 - 20:25
    +1

    Well looking at their Warranty information its pretty clear in the capitalised section that the warranty doesn't reset. I agree with the other posts that if you had of enforced your rights for a refund orginally, you could have had a fresh warranty with a new purchase. However, by choosing to make use of the limited warranty they offered (no doubt this information was in the box and also available to you online before you made the decision to go ahead with an RMA claim) it means you're stuck with the orginal warranty end date and rightly so.

    http://imgur.com/4MtBtbw

    • jackjason on 21/09/2016 - 23:14

      Thanks for pointing that out; clearly I didn't read that so I would keep that in mind for future.

    • jackjason on 21/09/2016 - 23:17

      I did ask for a RMA. Just out of interest, can I ask for a refund instead as I'm now thinking if it's worth continuing using Sandisk. I rather pay a premium and go with Samsung Evo 850.

      • [Deactivated] on 22/09/2016 - 00:47

        You can demand a refund if it is a major fault, not a minor one.

      • McFly on 22/09/2016 - 01:12
        +1

        You can only get a refund from PC Byte - Sandisk are not obligated to give you a refund, only a replacement (or repair if it was a minor problem.)

    • derek324 on 22/09/2016 - 05:58
      +1

      "it means you're stuck with the orginal warranty end date and rightly so"

      Not so. Australian Consumer Law says: "You can ask for a replacement or refund if the problem with the product is major". Request refund, buy a new item, and you get full warranty.
      https://www.accc.gov.au/consumers/consumer-rights-guarantees…

  • bjdchwr on 21/09/2016 - 21:11
    +1

    I think both options make sense and it depends on different manufacturer.

    If we buy an iPhone and get a replacement during the warranty period, the warranty period won't reset.

    Ask seller for a refund may be a good option.

    • jackjason on 21/09/2016 - 23:15
      +1

      Agree; and that's what the lady from ACCC told me too. So now I'm going to target only those manufacturers who actually reset the warranty (assuming they are giving me a brand new product as a replacement) as I believe that's more logical.

  • Kempe on 21/09/2016 - 22:03
    +2

    I can tell you it definitely starts from the original date

    • jackjason on 21/09/2016 - 23:14

      Thanks for letting me know.

  • soyea on 21/09/2016 - 22:09
    -1

    If you purchased prior to jan 01 2011 then trade practices act of 1974 apply which will not help you at all. otherwise ACL laws are in place and frankly not much help if you want to rort the system. Pay $ 164 to Vcat or respective state tribunal and keep your fingers crossed if the onus is on you to take the supplier to a tribunal hearing.

    • jackjason on 21/09/2016 - 23:19

      I had made it very clear that I had no interest in rorting the system as that would be unethical and unfair to the ones who genuinely claim under warranty. Plus it goes against my principles :)

  • freakatronic on 21/09/2016 - 23:58
    +1

    Totally normal. Next.

    • derek324 on 22/09/2016 - 05:59
      +5

      That is… really deep. Thank you for sharing. Next.

  • retiredfeline on 22/09/2016 - 00:04

    However, I was told of another option called the Consumer Guarantee which allows me to contact the retailer and ask them for a refund (refund amount to be negotiated between myself and them)

    But if you do negotiate a refund, I guess the supplier will also apply a depreciation for the length of use you got. But that's probably as it should be.

    • tonyjzx on 22/09/2016 - 05:51

      If its during the warranty period, why would there be any depreciation?

  • here2rock on 22/09/2016 - 07:14
    -1

    I think the warranty resets to 6 months from the date of replacement or repair not for another 3 years.

  • apple2016 on 22/09/2016 - 07:51

    Did you get a good deal on the disk in the first place? Will you be able to match it or get a better one if you ask for refund and buy another? If not then stick with replacement. It new anyways.

  • MCPokey on 22/09/2016 - 08:54

    Simply put, the warranty has done it's primary function and replaced a faulty product.

  • jeanene on 22/09/2016 - 10:06
    +1

    My 2 bobs worth,the device us supposed to be fit for purpose. If it keeps dying and needing to be replaced regularly then it is not fit for purpose nor is it lasting for what a normal person would consider to be a reasonable period. I'd say if it failed just outside the original warrantee then you should have a case to answer on the other hand if it failed just inside what the extra warrantee would have been then maybe not. Problem is if they said no it is going to be rather hard to force them

    • jeanene on 22/09/2016 - 10:18
      +1

      From the ACCC

      'Your rights under the consumer guarantees do not have a specific expiry date and can apply even after any warranties you’ve got from a business have expired.'

      https://www.accc.gov.au/consumers/consumer-rights-guarantees…

      So while it doesn't specificaly say the warrantee extends if it can be shown that the product is poor quality and keeps failing you should have a claim up to the point that a reasonable person would consider the life of a drive.

  • Shiny Mew on 22/09/2016 - 10:49
    +3

    Consult the relevant legislation people; a binding instrument cf. the paraphrased commentary courtesy of the ACCC. In the case of replacement goods, that's s 264 of the ACL (aka Sch 2 of the Competition and Consumer Act 2010 (Cth)), which reminds us that replacement goods also attract the statutory guarantees as to, inter alia, acceptable quality under Pt 3.2 div 1. You'll observe that any replaced good, therefore, must also be durable under s 54(2)(e) failing which the consumer may again find recourse to the remedies under part 5-4.

    • jeanene on 22/09/2016 - 11:28

      So there you have it. Regardless of what the stated warrantee is you do have a claim if the replacement is not of acceptable quality.

      • Ughhh on 22/09/2016 - 15:48

        Is that referring to replacement products when x item is out of stock, so they have to give you a replacement of acceptable quality?

        Or, replacement given under warranty of original purchase and renewing the warranty period?

        Lots of average joes misread/misunderstood/misquote things, only quoting 1/2 of a paragraph that suits them when, if you read the entire section, it's completely irrelevant.

  • [Deactivated] on 22/09/2016 - 12:34

    I think it's common for replacements to not add warranty or only add 90 days from the replacement date if the remaining warranty is less than 90 days, that's why I always ask for a refund, and then re-buy it.

  • dfr on 22/09/2016 - 12:48

    When I buy a product that has a 2-year guarantee I have an expectation that I will get 2 years use out of it. If after 2 years it is still working then that's a bonus but that point the supplier/manufacturer has fulfilled their obligations.

    No matter how many times the device fails and is replaced (within reason) as long as I get 2 years use I should be satisfied.

  • JimB on 22/09/2016 - 13:36

    If that was the case (what the OP would want), manufacturers will just swap over the faulty products and tell you they fixed it by replacing parts.

    The only time this occurred to me was at officeworks. They just refunded the faulty modem/router and ask me to re-buy the same one, the new one dropped in price so it was a WIN for me. I didn't have to re-buy it if I didn't want. But this is probably some agreement that Officeworks has with Netgear, Officeworks probably buy so much stuff, Netgear have agreed to accept returns for credit rather than the standard RMA process.

  • Donaldhump on 22/09/2016 - 14:30

    Why do you expect this to start again, your warranty is so that the money you paid gives you a product for at least 2 years (not 2 years every time it is replaced)… so if it is replaced after 1.5 years of course it wont start again.

    • cloudy on 22/09/2016 - 15:39

      Coz if OP played hard ball, he could get his $59 back, and buy back the same product today for around $50 or less and get serve a NEW warranty period.

      Instead, reasonably citizen OP took the replacement option, and got blind sided by this (I shall call it) loophole.

  • cameldownunder on 22/09/2016 - 16:16

    In other countries ( e.g. Switzerland ), with a new product ( replacement ) comes also a new Warranty.
    Just to cick out all the theories about why warranty does not extend.

  • mranderson978 on 23/09/2016 - 11:49

    too easy:

    get a refund
    buy a new one
    get a full warranty on the item you purchase.

  • hellosid25 on 23/09/2016 - 12:27

    APPLE does the same.. Warranty period is from original purchase date. So, this is no different, if even the best customer service company is doing the same.

    • cameldownunder on 23/09/2016 - 14:22
      +1

      "if even the best customer service company is doing the same."

      RALMAO

  • jackjason on 23/09/2016 - 13:56

    Final update:
    Thanks for everyone's feedback. Really appreciate all the responses (both positive and negative) - this gave me a different lens to look through also. Based on my conversation my ACCC, I have decided to replace the item for now. I thought it would not be fair to judge a company based on a single product failure. If the new item fails in the next year or two, I will use the Consumer Guarantee to get a refund from the retailer as it would be classified as a major fault (assuming it would be a similar issue) and not fit for purpose (as I expect a SSD to last atleast 3 years) and go for another manufactuer.

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