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

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.

Comments

  • Although I understand where the OP is coming from(If he was entitled to a refund, buying new one would reset the warranty) but I think we're confused from the wording of most warranty statements.

    Most warranty states something along the lines of "from date of purchase, will be free from material defects in manufacture…" etc.

    Never will it say(nor have I ever seen) "from date of purchase and/or replacement, will be free from material defects in manufacture for a continuous period of 3 years"

    Sorry to make things harsh, but if the product fails again within the next year or two, the retailer will most likely not give you a refund. It's the manufacturer's responsibility after that, not the retailer(Manufacturers usually has an agreement with resellers with these sort things). Since its not the retailers fault, they would be at a loss if they did.

    To put things in perspective; if you owned a computer shop, sold custom built computers and 4 years later a customer's HDD died(well over the warranty period) and the customer asks for refund. Who's going to pay for that replacement? You or Sandisk?

    • Thanks for the Wiki! So does that mean I should get another 5 years from the new TV?
      edit: re-read your post! WOW thanks for the info :)

      • +1

        Since this is a new product, I hope so. Otherwise you could have opted for a refund and then pay for this tv which then has a brand new warranty. Under the consumer guarantee, it is the consumer's choice to receice either a refund or a replacement after a major failure.

        When I am offered a replacement like this, I email them saying I will accept a replacement if it comes with a brand new warranty (to guard against the seller giving me a lemon) or I will chose a refund otherwise.

        It is not too late for you to email them and get this in writing to avoid future hassles.

      • +1

        your tv apparently has a 1 year manufacturer warranty = explicitly expressed warranty period

        so if it has a major failure within 1yr, then you're entitled to a free replacement, and if that replacement fails within 1yr of receiving it, then you're entitled to another free replacement, etc.

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