 | | From: | Marco | | Subject: | Hard Drive Statutory Warranty - QLD | | Date: | Sun, 26 Dec 2004 14:25:06 +1000 |
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|
 | Hi helpful people,
I am a queensland computer user who bought a Western Digital hard drive
costing around $200 over a year ago. A few days ago it stuffed up and I
can't access it. (And no backups... So listen to everyone and BACKUP!).
The WD support site says its out of warranty, however it does say some
states do not allow limited implied warranties or some such.
My question is is there anyway I can get free repair or even a part
repair/refund of it.
Thanks!
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| | From: | Darryl Attwod | | Subject: | Re: Hard Drive Statutory Warranty - QLD | | Date: | Sun, 26 Dec 2004 05:22:48 GMT |
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| I think you'll find the statuary warranty on an item of that value would not
be over a year. Which means they can volunteer a warranty over that period
but if they say 6 months and the statute is 12 months, the 12 months is the
effective warranty.
A few brands are moving to 3 or 5 year warranties (maxtor and seagate),
might be worth considering.
Darryl
|
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| | From: | Peter | | Subject: | Re: Hard Drive Statutory Warranty - QLD | | Date: | Sun, 26 Dec 2004 06:16:06 GMT |
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| On Sun, 26 Dec 2004 05:22:48 GMT, "Darryl Attwod"
wrote:
>I think you'll find the statuary warranty on an item of that value would not
>be over a year. Which means they can volunteer a warranty over that period
>but if they say 6 months and the statute is 12 months, the 12 months is the
>effective warranty.
>A few brands are moving to 3 or 5 year warranties (maxtor and seagate),
>might be worth considering.
>
Does Qld have statutory warranty periods or do courts / tribunals
decide whether something should still be covered by warranty taking
circumstances into account?
If a HD fails within three years, then as far as I am concerned it is
not fit for the intended purpose and should be replaced at no cost.
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| | From: | Vaughan Williams | | Subject: | Re: Hard Drive Statutory Warranty - QLD | | Date: | Sun, 26 Dec 2004 21:26:26 +1100 |
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|
"Peter" wrote in message
news:41ce5417.22064264@news.paradise.net.nz...
> On Sun, 26 Dec 2004 05:22:48 GMT, "Darryl Attwod"
> wrote:
>
> >I think you'll find the statuary warranty on an item of that value would
not
> >be over a year. Which means they can volunteer a warranty over that
period
> >but if they say 6 months and the statute is 12 months, the 12 months is
the
> >effective warranty.
> >A few brands are moving to 3 or 5 year warranties (maxtor and seagate),
> >might be worth considering.
> >
> Does Qld have statutory warranty periods or do courts / tribunals
> decide whether something should still be covered by warranty taking
> circumstances into account?
No fixed period. It has to be considered in the context of what you're
entitled to expect given what you paid for it. If an express warranty is
offered, you can use that as a guide too.
> If a HD fails within three years, then as far as I am concerned it is
> not fit for the intended purpose and should be replaced at no cost.
Merchantability / fitness for purpose issue, yes. Room to argue about how
long you're entitled to expect and it would also depend how heavily it's
been used, etc etc.
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| | From: | Galimatias | | Subject: | Re: Hard Drive Statutory Warranty - QLD | | Date: | Sun, 26 Dec 2004 17:32:51 +1100 |
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| Peter wrote:
> On Sun, 26 Dec 2004 05:22:48 GMT, "Darryl Attwod"
> wrote:
>
>> I think you'll find the statuary warranty on an item of that value
>> would not be over a year. Which means they can volunteer a warranty
>> over that period but if they say 6 months and the statute is 12
>> months, the 12 months is the effective warranty.
>> A few brands are moving to 3 or 5 year warranties (maxtor and
>> seagate), might be worth considering.
>>
> Does Qld have statutory warranty periods or do courts / tribunals
> decide whether something should still be covered by warranty taking
> circumstances into account?
>
> If a HD fails within three years, then as far as I am concerned it is
> not fit for the intended purpose and should be replaced at no cost.
At this stage, you know nothing about the circumstances of the use of the
HD. You also know nothing about whether the HD has actually failed. If you
described your car, TV, DVD, etc etc as having "stuffed up" and you can't
use it, you might expect the store to ask the odd question. For example,
does it have any petrol, is it plugged in/turned on correctly?
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| | From: | Peter | | Subject: | Re: Hard Drive Statutory Warranty - QLD | | Date: | Sun, 26 Dec 2004 10:11:53 GMT |
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| On Sun, 26 Dec 2004 17:32:51 +1100, "Galimatias"
wrote:
>> If a HD fails within three years, then as far as I am concerned it is
>> not fit for the intended purpose and should be replaced at no cost.
>
>At this stage, you know nothing about the circumstances of the use of the
>HD. You also know nothing about whether the HD has actually failed. If you
>described your car, TV, DVD, etc etc as having "stuffed up" and you can't
>use it, you might expect the store to ask the odd question. For example,
>does it have any petrol, is it plugged in/turned on correctly?
>
I agree - I was not referring to improper treatment.
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| | From: | Marco | | Subject: | Re: Hard Drive Statutory Warranty - QLD | | Date: | Tue, 28 Dec 2004 01:13:26 +1000 |
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|
"Peter" wrote in message
news:41ce8e29.36932510@news.paradise.net.nz...
> On Sun, 26 Dec 2004 17:32:51 +1100, "Galimatias"
> wrote:
>
>
> >> If a HD fails within three years, then as far as I am concerned it is
> >> not fit for the intended purpose and should be replaced at no cost.
> >
> >At this stage, you know nothing about the circumstances of the use of the
> >HD. You also know nothing about whether the HD has actually failed. If
you
> >described your car, TV, DVD, etc etc as having "stuffed up" and you
can't
> >use it, you might expect the store to ask the odd question. For example,
> >does it have any petrol, is it plugged in/turned on correctly?
> >
> I agree - I was not referring to improper treatment.
Thanks everyone for their quick responses.
I don't think it's been properly mistreated. When it was destroyed there may
of been an electrical storm. The psu did blow up and there was a strong
smell of smoke.
It did however work again when I swapped psu when I brought to a friend's
place. I should have copied it across then but I didn't know the hd was on
it's final breath.
Returning home the hard drive did not work. It was not recognized by bios -
it gives back the wrong information and the bootup bios comes up with wrong
information. LInux also gives the wrong information on the boot up screeen.
"Rod Speed" wrote in message
news:336u7iF3qt4nmU1@individual.net...
>
> Marco wrote in message
> news:41ce3d3e$0$4534$afc38c87@news.optusnet.com.au...
> > My question is is there anyway I can get
> > free repair or even a part repair/refund of it.
>
> Worth using the small claims system in Qld. Its pretty gung ho biased
> in favor of the consumer. You're not risking much, the worst you are
> risking is basically your time if they tell you to drop dead.
Please elaborate.
I've looked here http://www.justice.qld.gov.au/courts/factsht/factsheet1.htm
and will ring. I presume you mean that you've heard lots of cases where it
did go the consumer.
As for risk - aren't you risking $100 x 2? Or around $200 which is around
the price of the hd.
And as for data recovery I'm not expecting that much. Although it does have
photo's which relate to 2 years of my life.
Thanks again everyone.
Marco
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| | From: | Rod Speed | | Subject: | Re: Hard Drive Statutory Warranty - QLD | | Date: | Tue, 28 Dec 2004 06:21:56 +1100 |
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|
Marco wrote in message
news:41d0269e$0$16979$afc38c87@news.optusnet.com.au...
> Peter wrote
>> Galimatias wrote
>>>> If a HD fails within three years, then as far as I am concerned it is
>>>> not fit for the intended purpose and should be replaced at no cost.
>>> At this stage, you know nothing about the circumstances of the
>>> use of the HD. You also know nothing about whether the HD
>>> has actually failed. If you described your car, TV, DVD, etc
>>> etc as having "stuffed up" and you can't use it, you might expect
>>> the store to ask the odd question. For example, does it have
>>> any petrol, is it plugged in/turned on correctly?
>> I agree - I was not referring to improper treatment.
> Thanks everyone for their quick responses.
> I don't think it's been properly mistreated.
It has as far as warranty is concerned if you meant mistreated.
> When it was destroyed there may of been an electrical storm.
Was there or wasnt there ?
> The psu did blow up and there was a strong smell of smoke.
In that case you may well be able to claim from whoever
supplied the power supply if there wasnt an electrical storm.
> It did however work again when I swapped psu when I
> brought to a friend's place. I should have copied it across
> then but I didn't know the hd was on it's final breath.
> Returning home the hard drive did not work. It was not recognized by bios -
> it gives back the wrong information and the bootup bios comes up with wrong
> information. LInux also gives the wrong information on the boot up screeen.
You should try the drive in a completely different
system. It may be that its the motherboard hard
drive controller thats producing that particular result.
And when you add comments at the top, as well as at the bottom, you
should really say so at the top, I nearly missed these other comments.
> Rod Speed wrote
>> Marco wrote
>>> My question is is there anyway I can get
>>> free repair or even a part repair/refund of it.
>> Worth using the small claims system in Qld. Its pretty gung ho biased
>> in favor of the consumer. You're not risking much, the worst you are
>> risking is basically your time if they tell you to drop dead.
> Please elaborate.
You need to be claiming against the supplier of the power supply,
not the hard drive, if the drive doesnt work in a completely different
system or if you want to claim for a new motherboard etc if it the
hard drive does work in a completely different system.
> I've looked here http://www.justice.qld.gov.au/courts/factsht/factsheet1.htm
> and will ring. I presume you mean that you've heard lots of cases where it
> did go the consumer.
Yep.
> As for risk - aren't you risking $100 x 2? Or around $200
Where are you getting that from ?
> which is around the price of the hd.
> And as for data recovery I'm not expecting that much.
> Although it does have photo's which relate to 2 years of my life.
You may well find that you can get them back
by putting the drive in a completely different PC.
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| | From: | Michael | | Subject: | Re: Hard Drive Statutory Warranty - QLD | | Date: | Mon, 27 Dec 2004 05:44:11 GMT |
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|
|
"Peter" wrote in message
news:41ce5417.22064264@news.paradise.net.nz...
> On Sun, 26 Dec 2004 05:22:48 GMT, "Darryl Attwod"
> wrote:
>
> >I think you'll find the statuary warranty on an item of that value would
not
> >be over a year. Which means they can volunteer a warranty over that
period
> >but if they say 6 months and the statute is 12 months, the 12 months is
the
> >effective warranty.
> >A few brands are moving to 3 or 5 year warranties (maxtor and seagate),
> >might be worth considering.
> >
> Does Qld have statutory warranty periods or do courts / tribunals
> decide whether something should still be covered by warranty taking
> circumstances into account?
>
> If a HD fails within three years, then as far as I am concerned it is
> not fit for the intended purpose and should be replaced at no cost.
You get NO say on that at all, thank
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| | From: | Clockmeister | | Subject: | Re: Hard Drive Statutory Warranty - QLD | | Date: | Sun, 26 Dec 2004 14:38:55 +0800 |
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|
"Peter" wrote in message
news:41ce5417.22064264@news.paradise.net.nz...
> On Sun, 26 Dec 2004 05:22:48 GMT, "Darryl Attwod"
> wrote:
>
> >I think you'll find the statuary warranty on an item of that value would
not
> >be over a year. Which means they can volunteer a warranty over that
period
> >but if they say 6 months and the statute is 12 months, the 12 months is
the
> >effective warranty.
> >A few brands are moving to 3 or 5 year warranties (maxtor and seagate),
> >might be worth considering.
> >
> Does Qld have statutory warranty periods or do courts / tribunals
> decide whether something should still be covered by warranty taking
> circumstances into account?
>
> If a HD fails within three years, then as far as I am concerned it is
> not fit for the intended purpose and should be replaced at no cost.
Depends on if it has been dropped on it's head or not...
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| | From: | Rod Speed | | Subject: | Re: Hard Drive Statutory Warranty - QLD | | Date: | Sun, 26 Dec 2004 18:58:04 +1100 |
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|
Darryl Attwod wrote in
message news:41ce4aa7@news.comindico.com.au...
> I think you'll find the statuary warranty on an item of that value would not
> be over a year.
You're wrong.
> Which means they can volunteer a warranty over that period but if they say 6
> months and the statute is 12 months,
The statutory warranty is never explicitly
stated. Thats the big problem with them.
> the 12 months is the effective warranty.
> A few brands are moving to 3 or 5 year warranties (maxtor and seagate), might
> be worth considering.
Samsung has always had a 3 year warranty and still does.
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| | From: | Fred Ferd | | Subject: | Re: Hard Drive Statutory Warranty - QLD | | Date: | Mon, 27 Dec 2004 07:54:56 GMT |
|
|
|
"Darryl Attwod" wrote in message
news:41ce4aa7@news.comindico.com.au...
>I think you'll find the statuary warranty on an item of that value would
>not
> be over a year. Which means they can volunteer a warranty over that period
> but if they say 6 months and the statute is 12 months, the 12 months is
> the
> effective warranty.
> A few brands are moving to 3 or 5 year warranties (maxtor and seagate),
> might be worth considering.
Read the terms on the warranty too.
The seagate pays 1/5th of the cheapest sale price when it died in the 5th
year.
Thats not even worth claiming, which makes it a lot like a 3 year warranty.
|
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| | From: | EnjoyDialup | | Subject: | Re: Hard Drive Statutory Warranty - QLD | | Date: | Sun, 26 Dec 2004 20:32:06 +1100 |
|
|
|
"Marco" wrote in message
news:41ce3d3e$0$4534$afc38c87@news.optusnet.com.au...
> Hi helpful people,
>
> I am a queensland computer user who bought a Western Digital hard drive
> costing around $200 over a year ago. A few days ago it stuffed up and I
> can't access it. (And no backups... So listen to everyone and BACKUP!).
>
> The WD support site says its out of warranty, however it does say some
> states do not allow limited implied warranties or some such.
>
> My question is is there anyway I can get free repair or even a part
> repair/refund of it.
It is out of warranty. Limiting limitations on warranties does not stop the
warranty from running out. Your warranty has run out. The manufacturers
warranty was sufficiently long enough to void any other options available to
you such as it being unfit for the purpose it was sold.
If you speak to the people you got the hard disk from very nicely, they
might be able get it repaired/replaced for you. When a warranty has JUST
expired a shop can sometimes slip it in for repair. If you got it from a
swap meet, Stiff! Buy it from a real shop next time and you might run into
someone who cares enough to honor a warranty after it has expired.
ps. you should have backed up your data.
--
EnjoyDialup - You know you want to...
http://www.EnjoyDialup.info
http://www.NigelHowe.info truth about Nigel Howe
http://www.HyperOz.com all about HyperOz
|
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| | From: | Rod Speed | | Subject: | Re: Hard Drive Statutory Warranty - QLD | | Date: | Mon, 27 Dec 2004 05:06:35 +1100 |
|
|
|
"EnjoyDialup" wrote in message
news:337eoiF3rf11rU1@individual.net...
>
> "Marco" wrote in message
> news:41ce3d3e$0$4534$afc38c87@news.optusnet.com.au...
>> Hi helpful people,
>>
>> I am a queensland computer user who bought a Western Digital hard drive
>> costing around $200 over a year ago. A few days ago it stuffed up and I
>> can't access it. (And no backups... So listen to everyone and BACKUP!).
>>
>> The WD support site says its out of warranty, however it does say some
>> states do not allow limited implied warranties or some such.
>>
>> My question is is there anyway I can get free repair or even a part
>> repair/refund of it.
> It is out of warranty.
Wrong.
> Limiting limitations on warranties does not stop the warranty from running
> out.
Meaningless waffle.
> Your warranty has run out.
Wrong.
> The manufacturers warranty was sufficiently long enough to void any other
> options available to you such as it being unfit for the purpose it was sold.
Correct, but that has nothing to do with warranty.
> If you speak to the people you got the hard disk from very nicely, they might
> be able get it repaired/replaced for you.
Or you can try fucking them over using the small claims system.
The SE Qld one has a reputation for being pretty
gung ho and biased in favour of the consumer.
> When a warranty has JUST expired a shop can sometimes slip it in for repair.
> If you got it from a swap meet, Stiff!
Wrong again.
> Buy it from a real shop next time and you might run into someone who cares
> enough to honor a warranty after it has expired.
Or exercise your legal rights.
|
|
| | From: | EnjoyDialup | | Subject: | Re: Hard Drive Statutory Warranty - QLD | | Date: | Mon, 27 Dec 2004 12:07:24 +1100 |
|
|
| your an idiot rod. you always say the opposite to everyone else. all your
interested in is a fight. no wonder people are not interested in you.
wlecome to my filter list (again)
--
EnjoyDialup - You know you want to...
http://www.EnjoyDialup.info
http://www.NigelHowe.info truth about Nigel Howe
http://www.HyperOz.com all about HyperOz
"Rod Speed" wrote in message
news:338cteF3u127cU1@individual.net...
>
> "EnjoyDialup" wrote in message
> news:337eoiF3rf11rU1@individual.net...
>>
>> "Marco" wrote in message
>> news:41ce3d3e$0$4534$afc38c87@news.optusnet.com.au...
>>> Hi helpful people,
>>>
>>> I am a queensland computer user who bought a Western Digital hard drive
>>> costing around $200 over a year ago. A few days ago it stuffed up and I
>>> can't access it. (And no backups... So listen to everyone and BACKUP!).
>>>
>>> The WD support site says its out of warranty, however it does say some
>>> states do not allow limited implied warranties or some such.
>>>
>>> My question is is there anyway I can get free repair or even a part
>>> repair/refund of it.
>
>> It is out of warranty.
>
> Wrong.
>
>> Limiting limitations on warranties does not stop the warranty from
>> running out.
>
> Meaningless waffle.
>
>> Your warranty has run out.
>
> Wrong.
>
>> The manufacturers warranty was sufficiently long enough to void any other
>> options available to you such as it being unfit for the purpose it was
>> sold.
>
> Correct, but that has nothing to do with warranty.
>
>> If you speak to the people you got the hard disk from very nicely, they
>> might be able get it repaired/replaced for you.
>
> Or you can try fucking them over using the small claims system.
>
> The SE Qld one has a reputation for being pretty
> gung ho and biased in favour of the consumer.
>
>> When a warranty has JUST expired a shop can sometimes slip it in for
>> repair. If you got it from a swap meet, Stiff!
>
> Wrong again.
>
>> Buy it from a real shop next time and you might run into someone who
>> cares enough to honor a warranty after it has expired.
>
> Or exercise your legal rights.
>
|
|
| | From: | Rod Speed | | Subject: | Re: Hard Drive Statutory Warranty - QLD | | Date: | Mon, 27 Dec 2004 13:35:52 +1100 |
|
|
|
EnjoyDialup wrote in
message news:3395ibF3vqheoU1@individual.net...
> your an idiot rod.
You are a dyslexic fuckwit, fuckwit.
Read the TPA, fuckwit.
Or the simplified version on warranty at
http://www.accc.gov.au/content/index.phtml/itemId/322947/fromItemId/3863
> wlecome to my filter list (again)
Lying again.
> "Rod Speed" wrote in message
> news:338cteF3u127cU1@individual.net...
>>
>> "EnjoyDialup" wrote in message
>> news:337eoiF3rf11rU1@individual.net...
>>>
>>> "Marco" wrote in message
>>> news:41ce3d3e$0$4534$afc38c87@news.optusnet.com.au...
>>>> Hi helpful people,
>>>>
>>>> I am a queensland computer user who bought a Western Digital hard drive
>>>> costing around $200 over a year ago. A few days ago it stuffed up and I
>>>> can't access it. (And no backups... So listen to everyone and BACKUP!).
>>>>
>>>> The WD support site says its out of warranty, however it does say some
>>>> states do not allow limited implied warranties or some such.
>>>>
>>>> My question is is there anyway I can get free repair or even a part
>>>> repair/refund of it.
>>
>>> It is out of warranty.
>>
>> Wrong.
>>
>>> Limiting limitations on warranties does not stop the warranty from running
>>> out.
>>
>> Meaningless waffle.
>>
>>> Your warranty has run out.
>>
>> Wrong.
>>
>>> The manufacturers warranty was sufficiently long enough to void any other
>>> options available to you such as it being unfit for the purpose it was sold.
>>
>> Correct, but that has nothing to do with warranty.
>>
>>> If you speak to the people you got the hard disk from very nicely, they
>>> might be able get it repaired/replaced for you.
>>
>> Or you can try fucking them over using the small claims system.
>>
>> The SE Qld one has a reputation for being pretty
>> gung ho and biased in favour of the consumer.
>>
>>> When a warranty has JUST expired a shop can sometimes slip it in for repair.
>>> If you got it from a swap meet, Stiff!
>>
>> Wrong again.
>>
>>> Buy it from a real shop next time and you might run into someone who cares
>>> enough to honor a warranty after it has expired.
>>
>> Or exercise your legal rights.
>>
>
>
|
|
| | From: | Ken Oaf | | Subject: | Re: Hard Drive Statutory Warranty - QLD | | Date: | Sun, 26 Dec 2004 23:18:01 +1100 |
|
|
| On Sun, 26 Dec 2004 14:25:06 +1000, "Marco" wrote:
> Hi helpful people,
>
> I am a queensland computer user who bought a Western Digital hard drive
> costing around $200 over a year ago. A few days ago it stuffed up and I
> can't access it. (And no backups... So listen to everyone and BACKUP!).
>
> The WD support site says its out of warranty, however it does say some
> states do not allow limited implied warranties or some such.
>
> My question is is there anyway I can get free repair or even a part
> repair/refund of it.
They won't pay to have your data recovered, if that is what you are after. To
recover that data would most likely cost $1,000 or more.
|
|
| | From: | Matt | | Subject: | Re: Hard Drive Statutory Warranty - QLD | | Date: | Sun, 26 Dec 2004 13:31:18 GMT |
|
|
| On Sun, 26 Dec 2004 23:18:01 +1100, Ken Oaf
wrote:
>
>They won't pay to have your data recovered, if that is what you are after. To
>recover that data would most likely cost $1,000 or more.
>
I got a price for $3000.
|
|
| | From: | David Clayton | | Subject: | Re: Hard Drive Statutory Warranty - QLD | | Date: | Mon, 27 Dec 2004 09:13:27 +1100 |
|
|
| Matt contributed the following:
>On Sun, 26 Dec 2004 23:18:01 +1100, Ken Oaf
>wrote:
>
>>
>>They won't pay to have your data recovered, if that is what you are after. To
>>recover that data would most likely cost $1,000 or more.
>>
>
>I got a price for $3000.
I found this company a few weeks ago when I needed an option to recover
data:
http://www.pcbsearch.com.au/
If they can't recover the data for the basic $825 fee, it could
apparently cost $2K-4K if they send the drive to the USA for "clean
room" work.
- -
Regards, David.
David Clayton, e-mail: dcstar@XYZ.myrealbox.com
Melbourne, Victoria, Australia.
(Remove the "XYZ." to reply)
Dilbert's words of wisdom #18: Never argue with an idiot. They drag you down to their level then beat you with experience.
|
|
| | From: | Rod Speed | | Subject: | Re: Hard Drive Statutory Warranty - QLD | | Date: | Sun, 26 Dec 2004 15:49:52 +1100 |
|
|
|
Marco wrote in message
news:41ce3d3e$0$4534$afc38c87@news.optusnet.com.au...
> Hi helpful people,
> I am a queensland computer user who bought a Western Digital hard drive
> costing around $200 over a year ago. A few days ago it stuffed up and I
> can't access it. (And no backups... So listen to everyone and BACKUP!).
A Jap would at least have the decency to disembowel itself.
> The WD support site says its out of warranty, however it does say
> some states do not allow limited implied warranties or some such.
The federal trade practices act gives you more
warranty than just what it calls the stated warranty.
> My question is is there anyway I can get
> free repair or even a part repair/refund of it.
Worth using the small claims system in Qld. Its pretty gung ho biased
in favor of the consumer. You're not risking much, the worst you are
risking is basically your time if they tell you to drop dead.
|
|
| | From: | Galimatias | | Subject: | Re: Hard Drive Statutory Warranty - QLD | | Date: | Sun, 26 Dec 2004 16:40:33 +1100 |
|
|
| Marco wrote:
> Hi helpful people,
>
> I am a queensland computer user who bought a Western Digital hard
> drive costing around $200 over a year ago. A few days ago it stuffed
> up and I can't access it. (And no backups... So listen to everyone
> and BACKUP!).
What does "it stuffed up" mean? After you hit it mith a hammer, dropped it
in boiling fat?
|
|
| | From: | AJS | | Subject: | Re: Hard Drive Statutory Warranty - QLD | | Date: | Sun, 26 Dec 2004 20:26:06 +1030 |
|
|
|
"Marco" wrote in message
news:41ce3d3e$0$4534$afc38c87@news.optusnet.com.au...
> My question is is there anyway I can get free repair or even a part
> repair/refund of it.
Are you sure the drive only came with a one year warranty? If so then you
really don't have a chance. It's also VERY unlikely that you would get your
data back IF it was repaired under warranty.
AJS
|
|
| | From: | EnjoyDialup | | Subject: | Re: Hard Drive Statutory Warranty - QLD | | Date: | Mon, 27 Dec 2004 12:11:13 +1100 |
|
|
|
"AJS" wrote in message
news:337g5tF3r9oihU1@individual.net...
>
> "Marco" wrote in message
> news:41ce3d3e$0$4534$afc38c87@news.optusnet.com.au...
>
>> My question is is there anyway I can get free repair or even a part
>> repair/refund of it.
>
> Are you sure the drive only came with a one year warranty? If so then you
> really don't have a chance. It's also VERY unlikely that you would get
> your data back IF it was repaired under warranty.
that is a very good point. hard disk supplier will swap a drive over under
warranty, they will not repair it. failed drives go all the way back to the
factory that made them. Where one assumes someone looks at why they failed
and feeds that into into the quolity controll process.
If he wants his data back he will have to hire a data retreval company who
charge hundreds of dollars! (even thousands) They often use an identical
drive for parts to repair the faulty one. Assuming it was mechanical
failure and not just an inexperienced person running fdisk!
--
EnjoyDialup - You know you want to...
http://www.EnjoyDialup.info
http://www.NigelHowe.info truth about Nigel Howe
http://www.HyperOz.com all about HyperOz
|
|
| | From: | Rod Speed | | Subject: | Re: Hard Drive Statutory Warranty - QLD | | Date: | Mon, 27 Dec 2004 13:37:06 +1100 |
|
|
|
"EnjoyDialup" wrote in message
news:3395pfF3u7e5fU1@individual.net...
>
> "AJS" wrote in message
> news:337g5tF3r9oihU1@individual.net...
>>
>> "Marco" wrote in message
>> news:41ce3d3e$0$4534$afc38c87@news.optusnet.com.au...
>>
>>> My question is is there anyway I can get free repair or even a part
>>> repair/refund of it.
>>
>> Are you sure the drive only came with a one year warranty? If so then you
>> really don't have a chance. It's also VERY unlikely that you would get your
>> data back IF it was repaired under warranty.
> that is a very good point. hard disk supplier will swap a drive over under
> warranty, they will not repair it. failed drives go all the way back to the
> factory that made them. Where one assumes someone looks at why they failed
> and feeds that into into the quolity controll process.
Stupid assumption, as always.
|
|
| | From: | Rod Speed | | Subject: | Re: Hard Drive Statutory Warranty - QLD | | Date: | Mon, 27 Dec 2004 05:07:17 +1100 |
|
|
|
"AJS" wrote in message
news:337g5tF3r9oihU1@individual.net...
>
> "Marco" wrote in message
> news:41ce3d3e$0$4534$afc38c87@news.optusnet.com.au...
>
>> My question is is there anyway I can get free repair or even a part
>> repair/refund of it.
>
> Are you sure the drive only came with a one year warranty? If so then you
> really don't have a chance.
Wrong.
|
|
| | From: | AJS | | Subject: | Re: Hard Drive Statutory Warranty - QLD | | Date: | Mon, 27 Dec 2004 16:00:33 +1030 |
|
|
|
"Rod Speed" wrote in message
news:338cunF3tsj15U1@individual.net...
> Wrong.
At least your admitting it this time. Unlike most of your earlier crap
and/or plainly incorrect "advice".
I've wondered if you try and offer bad advice or if it's that your just
plain stupid. I think stupid because when it's plainly shown that the advice
your offering is incorrect/possibly damaging you still persist in defending
the dribble you post. Well I guess it's time for you to post your typical
abusive rants that you fall back on whenever ppl point out what a fool you
are.
AJS
|
|
| | From: | Fred Ferd | | Subject: | Re: Hard Drive Statutory Warranty - QLD | | Date: | Mon, 27 Dec 2004 07:53:19 GMT |
|
|
|
"AJS" wrote in message
news:339l02F3u5o5bU1@individual.net...
>
> "Rod Speed" wrote in message
> news:338cunF3tsj15U1@individual.net...
>> Wrong.
>
> At least your admitting it this time. Unlike most of your earlier crap
> and/or plainly incorrect "advice".
> I've wondered if you try and offer bad advice or if it's that your just
> plain stupid. I think stupid because when it's plainly shown that the
> advice your offering is incorrect/possibly damaging you still persist in
> defending the dribble you post. Well I guess it's time for you to post
> your typical abusive rants that you fall back on whenever ppl point out
> what a fool you are.
>
Its absolutely pointless to even comment on rod speed's behaviour
Just ignore him.
|
|
| | From: | Geoffw | | Subject: | Re: Hard Drive Statutory Warranty - QLD | | Date: | Wed, 29 Dec 2004 20:23:54 +1100 |
|
|
|
"Fred Ferd" wrote in message
news:41cfbf6e$1@news.comindico.com.au...
>
> "AJS" wrote in message
> news:339l02F3u5o5bU1@individual.net...
> >
> > "Rod Speed" wrote in message
> > news:338cunF3tsj15U1@individual.net...
> >> Wrong.
> >
> > At least your admitting it this time. Unlike most of
your earlier crap
> > and/or plainly incorrect "advice".
> > I've wondered if you try and offer bad advice or if it's
that your just
> > plain stupid. I think stupid because when it's plainly
shown that the
> > advice your offering is incorrect/possibly damaging you
still persist in
> > defending the dribble you post. Well I guess it's time
for you to post
> > your typical abusive rants that you fall back on
whenever ppl point out
> > what a fool you are.
> >
> Its absolutely pointless to even comment on rod speed's
behaviour
> Just ignore him.
>
>
why ?
he is correct
Geoff
|
|
| | From: | Rod Speed | | Subject: | Re: Hard Drive Statutory Warranty - QLD | | Date: | Mon, 27 Dec 2004 18:30:37 +1100 |
|
|
| Some pathetic little gutless fuckwit desperately cowering behind
AJS desperately attempted to
lie its way out of its predicament, in message
news:339l02F3u5o5bU1@individual.net...
and fooled absolutely no one at all. As always.
|
|
| | From: | Ernest | | Subject: | Re: Hard Drive Statutory Warranty - QLD | | Date: | Mon, 27 Dec 2004 01:00:11 +1100 |
|
|
| On Sun, 26 Dec 2004 14:25:06 +1000, "Marco" wrote:
>Hi helpful people,
>
>I am a queensland computer user who bought a Western Digital hard drive
>costing around $200 over a year ago. A few days ago it stuffed up and I
>can't access it. (And no backups... So listen to everyone and BACKUP!).
>
>The WD support site says its out of warranty, however it does say some
>states do not allow limited implied warranties or some such.
>
>My question is is there anyway I can get free repair or even a part
>repair/refund of it.
>
>Thanks!
>
the drive is under a normal warranty not a limited warranty
so no go there - if expired it is expired.
Depending upon what the fault is you may be able to get
it going long enough to get your data off.
1. Remove the inoperational drive and put it aside in a
safe and cool place.
2. Get a new drive and get the system working without
the inoperational drive.
3. Instal the inoperational drive as the primary drive on
the second IDE channel, at see if it boots up and is readable.
Often sitting for a short while will let it work for a while.
4. Try an additional fan blowing air on the drive to cool
it, most have problems due to over heating.
5. If still not working stick the drive in a plastic bag and
seal the bag air tight, with all excess out expelled, and
shove it in the freezer for a few hours. Then take out
of the freezer and immediately instal as per point 3 and try
to read it.
If you get it reading at any point copy data immediately.
Once you get your data do not trust drive again.
Deadly Ernest
@bywater.net.au
(my new keyboard, with small keys,
accepts full responsibility for all
typographical and spelling errors)
|
|
| | From: | Rod Speed | | Subject: | Re: Hard Drive Statutory Warranty - QLD | | Date: | Mon, 27 Dec 2004 05:08:47 +1100 |
|
|
|
"Ernest" wrote in message
news:qe5ts0h67vhgj0d2p3s8jio65km5nk5k7r@4ax.com...
> On Sun, 26 Dec 2004 14:25:06 +1000, "Marco" wrote:
>
>>Hi helpful people,
>>
>>I am a queensland computer user who bought a Western Digital hard drive
>>costing around $200 over a year ago. A few days ago it stuffed up and I
>>can't access it. (And no backups... So listen to everyone and BACKUP!).
>>
>>The WD support site says its out of warranty, however it does say some
>>states do not allow limited implied warranties or some such.
>>
>>My question is is there anyway I can get free repair or even a part
>>repair/refund of it.
>>
>>Thanks!
>>
>
> the drive is under a normal warranty not a limited
> warranty so no go there - if expired it is expired.
Wrong. Its nothing like as black and white as that under the TPA.
|
|
| | From: | Vaughan Williams | | Subject: | Re: Hard Drive Statutory Warranty - QLD | | Date: | Mon, 27 Dec 2004 11:44:40 +1100 |
|
|
|
"Ernest" wrote in message
news:qe5ts0h67vhgj0d2p3s8jio65km5nk5k7r@4ax.com...
> the drive is under a normal warranty not a limited warranty
> so no go there - if expired it is expired.
If you're saying what I think you're saying, which is that this particular
product has an express warranty that somehow overrides or replaces the
implied conditions and warranties, you're wrong.
|
|
| | From: | EnjoyDialup | | Subject: | Re: Hard Drive Statutory Warranty - QLD | | Date: | Mon, 27 Dec 2004 12:17:10 +1100 |
|
|
|
"Vaughan Williams" wrote in message
news:41cf5afc$0$5655$5a62ac22@per-qv1-newsreader-01.iinet.net.au...
>
> "Ernest" wrote in message
> news:qe5ts0h67vhgj0d2p3s8jio65km5nk5k7r@4ax.com...
>
>> the drive is under a normal warranty not a limited warranty
>> so no go there - if expired it is expired.
>
> If you're saying what I think you're saying, which is that this particular
> product has an express warranty that somehow overrides or replaces the
> implied conditions and warranties, you're wrong.
the waranties on most harddrives that i have read are purly time based. the
only limitations on the warranty are things like making claims for anything
other than a harddrive replacement. such as data recovery costs or other
losses. Unlike insurace companys harddisk makers are pritty good at
replaceing a faulty drive, but they are not interested in paying to recover
your data, as your backups should have a copy of that!!!
--
EnjoyDialup - You know you want to...
http://www.EnjoyDialup.info
http://www.NigelHowe.info truth about Nigel Howe
http://www.HyperOz.com all about HyperOz
|
|
| | From: | Rod Speed | | Subject: | Re: Hard Drive Statutory Warranty - QLD | | Date: | Mon, 27 Dec 2004 13:38:38 +1100 |
|
|
|
"EnjoyDialup" wrote in message
news:33964kF3rn8i8U1@individual.net...
>
> "Vaughan Williams" wrote in message
> news:41cf5afc$0$5655$5a62ac22@per-qv1-newsreader-01.iinet.net.au...
>>
>> "Ernest" wrote in message
>> news:qe5ts0h67vhgj0d2p3s8jio65km5nk5k7r@4ax.com...
>>
>>> the drive is under a normal warranty not a limited warranty
>>> so no go there - if expired it is expired.
>>
>> If you're saying what I think you're saying, which is that this particular
>> product has an express warranty that somehow overrides or replaces the
>> implied conditions and warranties, you're wrong.
> the waranties on most harddrives that i have read are purly time based.
Irrelevant to what the TPA has to say on warranty, fuckwit.
|
|
| | From: | Ernest | | Subject: | Re: Hard Drive Statutory Warranty - QLD | | Date: | Mon, 27 Dec 2004 15:24:30 +1100 |
|
|
| On Mon, 27 Dec 2004 11:44:40 +1100, "Vaughan Williams"
wrote:
>
>"Ernest" wrote in message
>news:qe5ts0h67vhgj0d2p3s8jio65km5nk5k7r@4ax.com...
>
>> the drive is under a normal warranty not a limited warranty
>> so no go there - if expired it is expired.
>
>If you're saying what I think you're saying, which is that this particular
>product has an express warranty that somehow overrides or replaces the
>implied conditions and warranties, you're wrong.
>
that is not what I am saying. What I said is that the drive is under a
standard warranty, it is not a limited warranty as such, and like all
manufactured goods the warranty is the baseline limiting factor, as
is the case here. Under general Aust TPA legislation if the owner can
prove a manufacturing defect, a very unlikely event, then they may
possibly get a court to agree to extra beyond the standard warranty.
The warranty is expired, failure exceptional case evidence, not
provided he has no recourse to the manufacturer. Even if it was
under warranty all he would get is a replacement drive and nothing
towards data recovery expenses.
Deadly Ernest
@bywater.net.au
(my new keyboard, with small keys,
accepts full responsibility for all
typographical and spelling errors)
|
|
| | From: | Rod Speed | | Subject: | Re: Hard Drive Statutory Warranty - QLD | | Date: | Mon, 27 Dec 2004 16:31:35 +1100 |
|
|
|
"Ernest" wrote in message
news:5j0vs05lpvbs42tl6qbiteuv2oopk6pabr@4ax.com...
> On Mon, 27 Dec 2004 11:44:40 +1100, "Vaughan Williams"
> wrote:
>
>>
>>"Ernest" wrote in message
>>news:qe5ts0h67vhgj0d2p3s8jio65km5nk5k7r@4ax.com...
>>
>>> the drive is under a normal warranty not a limited warranty
>>> so no go there - if expired it is expired.
>>
>>If you're saying what I think you're saying, which is that this particular
>>product has an express warranty that somehow overrides or replaces the
>>implied conditions and warranties, you're wrong.
>>
>
> that is not what I am saying. What I said is that the drive is under a
> standard warranty, it is not a limited warranty as such, and like all
> manufactured goods the warranty is the baseline limiting factor, as
> is the case here. Under general Aust TPA legislation if the owner can
> prove a manufacturing defect, a very unlikely event, then they may
> possibly get a court to agree to extra beyond the standard warranty.
Not a fucking clue. The TPA says NOTHING
like that on what you claim has to be proved.
> The warranty is expired,
Wrong again. ONLY the STATED warranty has.
> failure exceptional case evidence, not provided
> he has no recourse to the manufacturer.
Not a fucking clue, as always.
> Deadly Ernest
Pathetic, really.
|
|
| | From: | Ernest | | Subject: | Re: Hard Drive Statutory Warranty - QLD | | Date: | Mon, 27 Dec 2004 19:53:11 +1100 |
|
|
| On Mon, 27 Dec 2004 16:31:35 +1100, "Rod Speed"
wrote:
>
>"Ernest" wrote in message
>news:5j0vs05lpvbs42tl6qbiteuv2oopk6pabr@4ax.com...
>> On Mon, 27 Dec 2004 11:44:40 +1100, "Vaughan Williams"
>> wrote:
>>
>>>
>>>"Ernest" wrote in message
>>>news:qe5ts0h67vhgj0d2p3s8jio65km5nk5k7r@4ax.com...
>>>
>>>> the drive is under a normal warranty not a limited warranty
>>>> so no go there - if expired it is expired.
>>>
>>>If you're saying what I think you're saying, which is that this particular
>>>product has an express warranty that somehow overrides or replaces the
>>>implied conditions and warranties, you're wrong.
>>>
>>
>> that is not what I am saying. What I said is that the drive is under a
>> standard warranty, it is not a limited warranty as such, and like all
>> manufactured goods the warranty is the baseline limiting factor, as
>> is the case here. Under general Aust TPA legislation if the owner can
>> prove a manufacturing defect, a very unlikely event, then they may
>> possibly get a court to agree to extra beyond the standard warranty.
>
>Not a fucking clue. The TPA says NOTHING
>like that on what you claim has to be proved.
>
>> The warranty is expired,
>
>Wrong again. ONLY the STATED warranty has.
>
>> failure exceptional case evidence, not provided
>> he has no recourse to the manufacturer.
>
>Not a fucking clue, as always.
>
>> Deadly Ernest
>
>Pathetic, really.
>
Rod,
True posting some actual facts and information
instead of venting your spleen with bullshit. If
you think that there is extra warranty than the
basic stated due to the TPA then state the
exact section that applies, its wording and why.
The TPA and similar legislation is there to stop
people unfairly voiding warranties for bullshit
reasons and for not supplying reasonable
warranties. Neither of those apply here.
Deadly Ernest
@bywater.net.au
(my new keyboard, with small keys,
accepts full responsibility for all
typographical and spelling errors)
|
|
| | From: | Damien McBain | | Subject: | Re: Hard Drive Statutory Warranty - QLD | | Date: | Mon, 27 Dec 2004 22:44:42 +1100 |
|
|
| Ernest wrote:
> On Mon, 27 Dec 2004 16:31:35 +1100, "Rod Speed"
> wrote:
>
>>
>> "Ernest" wrote in message
>> news:5j0vs05lpvbs42tl6qbiteuv2oopk6pabr@4ax.com...
>>> On Mon, 27 Dec 2004 11:44:40 +1100, "Vaughan Williams"
>>> wrote:
>>>
>>>>
>>>> "Ernest" wrote in message
>>>> news:qe5ts0h67vhgj0d2p3s8jio65km5nk5k7r@4ax.com...
>>>>
>>>>> the drive is under a normal warranty not a limited warranty
>>>>> so no go there - if expired it is expired.
>>>>
>>>> If you're saying what I think you're saying, which is that this
>>>> particular product has an express warranty that somehow overrides
>>>> or replaces the implied conditions and warranties, you're wrong.
>>>>
>>>
>>> that is not what I am saying. What I said is that the drive is
>>> under a standard warranty, it is not a limited warranty as such,
>>> and like all manufactured goods the warranty is the baseline
>>> limiting factor, as is the case here. Under general Aust TPA
>>> legislation if the owner can prove a manufacturing defect, a very
>>> unlikely event, then they may possibly get a court to agree to
>>> extra beyond the standard warranty.
>>
>> Not a fucking clue. The TPA says NOTHING
>> like that on what you claim has to be proved.
>>
>>> The warranty is expired,
>>
>> Wrong again. ONLY the STATED warranty has.
>>
>>> failure exceptional case evidence, not provided
>>> he has no recourse to the manufacturer.
>>
>> Not a fucking clue, as always.
>>
>>> Deadly Ernest
>>
>> Pathetic, really.
>>
> Rod,
>
> True posting some actual facts and information
> instead of venting your spleen with bullshit. If
> you think that there is extra warranty than the
> basic stated due to the TPA then state the
> exact section that applies, its wording and why.
>
> The TPA and similar legislation is there to stop
> people unfairly voiding warranties for bullshit
> reasons and for not supplying reasonable
> warranties. Neither of those apply here.
>
> Deadly Ernest
>
> @bywater.net.au
>
> (my new keyboard, with small keys,
> accepts full responsibility for all
> typographical and spelling errors)
I can guess the response
|
|
| | From: | Rod Speed | | Subject: | Re: Hard Drive Statutory Warranty - QLD | | Date: | Tue, 28 Dec 2004 06:29:59 +1100 |
|
|
|
"Ernest" wrote in message
news:vbhvs0p0kmsfiodl24lcvp0jhf6k8crjnl@4ax.com...
> On Mon, 27 Dec 2004 16:31:35 +1100, "Rod Speed"
> wrote:
>
>>
>>"Ernest" wrote in message
>>news:5j0vs05lpvbs42tl6qbiteuv2oopk6pabr@4ax.com...
>>> On Mon, 27 Dec 2004 11:44:40 +1100, "Vaughan Williams"
>>> wrote:
>>>
>>>>
>>>>"Ernest" wrote in message
>>>>news:qe5ts0h67vhgj0d2p3s8jio65km5nk5k7r@4ax.com...
>>>>
>>>>> the drive is under a normal warranty not a limited warranty
>>>>> so no go there - if expired it is expired.
>>>>
>>>>If you're saying what I think you're saying, which is that this particular
>>>>product has an express warranty that somehow overrides or replaces the
>>>>implied conditions and warranties, you're wrong.
>>>>
>>>
>>> that is not what I am saying. What I said is that the drive is under a
>>> standard warranty, it is not a limited warranty as such, and like all
>>> manufactured goods the warranty is the baseline limiting factor, as
>>> is the case here. Under general Aust TPA legislation if the owner can
>>> prove a manufacturing defect, a very unlikely event, then they may
>>> possibly get a court to agree to extra beyond the standard warranty.
>>
>>Not a fucking clue. The TPA says NOTHING
>>like that on what you claim has to be proved.
>>
>>> The warranty is expired,
>>
>>Wrong again. ONLY the STATED warranty has.
>>
>>> failure exceptional case evidence, not provided
>>> he has no recourse to the manufacturer.
>>
>>Not a fucking clue, as always.
>>
>>> Deadly Ernest
>>
>>Pathetic, really.
> Rod,
> True posting some actual facts and information
Did that. Unlike you.
> If you think that there is extra warranty
> than the basic stated due to the TPA
Didnt say that. I JUST said that YOUR silly pig ignorant
claim on 'if the owner can prove a manufacturing defect'
doesnt even appear in the TPA at all.
> then state the exact section that applies, its wording and why.
YOU made that stupid pig ignorant claim that the TPA
says 'if the owner can prove a manufacturing defect'
YOU get to state the section that actually says that.
THATS how it work.
> The TPA and similar legislation is there to stop people
> unfairly voiding warranties for bullshit reasons and for
> not supplying reasonable warranties.
Yet another of your stupid pig ignorant claims.
The TPA and other similar legislation ALSO makes
a distinction between the STATED warranty and
what you are legally entitled to on a reasonable
expectation of how long the goods should last etc.
Since you are clearly so stupid that you cant actually
read and comprehend the TPA itself, try this which restates
the warranty provisions more clearly for stupids like you.
> Neither of those apply here.
Having fun thrashing that straw man are you child ?
> Deadly Ernest
Pathetic, really.
|
|
