Re: New but faulty HDD: where do I stand?


"Mark Morreau" <mark@xxxxxxxxxxxxxxxxxxxxxxx> wrote in message
news:1156701811.68931.0@xxxxxxxxxxxxxxxxxxxxxxx
I already posted this in u.c.homebuilt but I think this group more
relevant:

I bought a 320GB 7200.10 Seagate PATA HDD at a computer fair yesterday.
(Normally I buy from Span, but this was an emergency.)
When I got home the drive wouldn't format fully.
I ran Seatools on it and the drive has over 4000 bad sectors: sector 0 and
then most of the end sectors.
I rang the phone number on the invoice, and the person I spoke to told me
I had to send it to Seagate for replacement.
Is this right? Shouldn't the vendor have to replace/refund? A drive with
that many bad sectors can't be described as being of merchantable quality
can it?

I'm no lawyer but, i'd say your contract is with the supplier and not with
the manufacturer. It is the responsibility of the supplier to supply a
product which is fit for
the purpose intended. Clearly the HDD your supplier has given you is not fit
for it's purpose. You should return it the supplier (don't forget to get an
RMA from them first) and demand a refund or a replacement. Stand by your
rights under the Sale of Goods Act and don't let them pass the buck to the
manufacturer.

You could also ask your question in alt.uk.law.

Dave


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