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on the 7th dec 05 i bought a reconditioned 250gb hdd from novatech via ebay now it has completly failed and novatech say its out of warranty surly a reconditioned item is classed as almost new and carries a 12 month warranty not a 2 month waranty..there was no mention of this 2 month warranty on the listings and novatech dont want to know..what are my rights surly you dont buy an item and 3 months later have to throw it away..any help or advice please..thanks in advance
Ebay is an auction site, and rules of auction apply,unless there are guarantees and condition given to a specific purchase. If Novatech offered no warranty as per their conditions of sale, then thats it. Most vendors though will negotiate on faulty items,within the first couple of weeks or as they specify, but asking for a twelve month warranty would possibly be asking to much.
Novatech and many other well known retailers, use eBay to get rid of their surplus returns and faulty stock because they would not consider trying to off-load it through their normal channels.
I find it very hard to believe on eBay, when I see a bidder who raises the price and sometimes beyond for something second-hand,to that of a brand new item, available from any retailer.
Found them, interesting never knew they did that. I had a look at some of the refurbished hard drives and they all said this in the description "All products will have a 2 month warranty unless otherwise stated in the description."
If such is the case with you then you have no claim as far as I can see. Refurbished is exactly what it says, in no way can you class it as new and I don't think anyone would give a one year warranty with it. All refurbished goods I've ever seen come with a limited warranty such as 30 days or a couple of months.
I'm sorry but I think you've had it.
when i bough the hdd there was not all that returns stuff on it i have a copy of the listings page the listing no is 8731255994 just put that no in the serch and the page with no warranty details comes up as far as iam concerned i have bought a hdd of 3 months thats gone faulty and i need it repairing or replacing and i need to know my rights as i was unaware of any warranty as far as i knew it was as new as 99% of things sold anywhere refurbished are or advertised and being on disability i cannot afford to get another..
A one year warranty is normally the minimum for a brand new product - you cannot reasonably expect any compay or retailer to offer an equivalent period for used goods.
If you buy a secondhand car, for instance, the minimum warranty period applicable in the trade is three months' parts and labour.
Anything over that is by agreement between you and the seller (or if you purchase one separately) unless a better one is already on offer.
As Totally-braindead points out, there is a declaration that: "All products will have a 2 month warranty unless otherwise stated in the description."
Also stated is: "It is down to the bidder to read and fully understand what you are bidding on. Any enquiries please contact us."
It can't get any more clear than that and all that you can hope for is that Novatech extends some goodwill in this case.
Regarding what you say "it was as new as 99% of things sold anywhere refurbished are ", I'm sorry but thats nonsense, a refurbished item could easily be well used and many of them are. I'm sorry the part failed but these things do happen.
I have had a look at the original sales item and it doesn't mention warranty at all, something I presume they have altered as all the new listings are listed as two month warranty unless otherwise stated.
I'm not sure what you rights are regarding this, I tend to think you're stuck with it but I just don't know what the law is. I'll have to leave it and see if someone else can comment.
If you want to know your consumer rights, telephone these people click here
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