Nintendo DS Lite Broken Hinge Warranty

[Tools]

I started this thread over on the Game On Forums ( Nintendo DS Lite Broken Hinge Scenario - Page 2 - GameOn Gaming Forums )and have transferred it here.

Purchased this one (red case) from Currys just less than 12 months ago, developed the dreaded crack across the casing near the hinge and then small piece of plastic became detached. Top screen now has no hinge resistance.

Took back to Currys and they sent it off to Nintendo for assessment. Nintendo now telling Currys this is not under warranty stating......

Thank you for sending your customers product for testing. The fault we have identified is not covered by the Nintendo warranty and therefore is chargeable. To enable this product to be repaired please obtain payment from your customer and provide approval for us to proceed with the repair, by signing the approval to proceed box below and faxing this form to us on 02392 383444.

If your customer does not want us to proceed with the repair, please sign the repair un-paid box and fax the form back to us on 02392 383444

If you have any queries regarding this item or require further information, please do not hesitate to contact us on 0870 6060247

Fault Diagnosis

Item : DS lite-Red
Fault : DS Lite Major
Fault Code : Broken Hinge
Price : £53.85 GBP

Yours sincerely
Nintendo Service Centre

How on earth can they expect me to swallow that the hinge, an integral part of the DS, a part that determines its functionality cannot be covered by warranty? The unit has had not impact damage at any time and after reading around on t'interyweb it is blatantly obvious it is an underlying design fault on many machines.

Have attached a pic for reference and other people who have experienced this problem and will be contacting Nintendo/Currys and kicking off big time.

[Tools]

Re: Nintendo DS Lite Broken Hinge Warranty

I rang them 1st September and right on que they disputed that the fault was inherent and tried to blame it on either impact damage or straining the hinge by opening the upper screen "too far". I refuted that neither had occurred and that the DS was only subject to careful use.

I mentioned I had discovered this to be a common problem by researching t'interweb, he then said "we sell millions of units and only 1% have ever been returned as faulty". I said I suspected that there would have been many more, but that Nintendo will have only agreed to repair 1% under full warranty fobbing the others off as being "chargeable faults". I also pointed out to him that 1% of just one million equated to 10,000 and all these cant be due to users.

Again, as predicted, he agreed that he would have the inspection team re-assess the fault and get back to me within 48hrs.................I can guess what's coming next............

"We will only charge you for a minor repair as a gesture of goodwill".......but I do not think this is acceptable for goods that have been in use for about 9 months.

[Tools]

Re: Nintendo DS Lite Broken Hinge Warranty

I spoke with Nintendo directly, predictably they offered me a reduced rate repair at £29 odd, which I swiftly refused and insisted that as there had been no physical damage to the DS the repair should be covered under warranty and I would not accept anything less.

They went away for 5 minutes to "check with the technicians" and came back saying they had agreed to do the repair FOC but would not be able to offer me a further 12 months warranty like they normally do.

I accepted that and it should be repaired and sent back to Currys by the end of next week RESULT!!!

The day after, Currys rang me and asked what I wanted to do about the repair as they hadn't heard from me. I let them know I had contacted Nintendo directly and successfully argued for a repair under warranty. The donkey at Currys was still adamant I would have to pay them when I collected it from them as there was "no way Nintendo would have agreed to a free repair", sorry sonny, but they did and I aren't paying you a bean when I collect it.

Welcome to windyfishface over on LegalBeagles btw, nice to see you over here.

[Guest]

Re: Nintendo DS Lite Broken Hinge Warranty

This is a good result but you should be aware that you lose may your Sale of Goods Act 1979 rights if you choose to deal directly with the manufacturer.

The manufacturer provides a warranty and that usually consists of a legally-binding assurance that any problems caused by manufacturing defects during a set period will be remedied. However, it is important to recognise that this is offered in addition to your statutory rights under various legislation and including the Act mentioned above.

A retailer cannot refuse to deal with a complaint about a faulty product simply on the grounds that the the manufacturer states that the product has been abused because in law, the retailer is liable for any breach of contract - such as, if the goods are not fit for their purpose, or of satisfactory quality - for a period of up to six years (five years from discovery, in Scotland.) However, should you choose to deal with the manufacturer directly, you have no rights beyond those stipulated in the warranty because your contract is with the retailer, not the manufacturer.

It is the seller, not the manufacturer, who is responsible if goods do not conform to contract and you should always pursue your complaint with the seller.

[Tools]

Re: Nintendo DS Lite Broken Hinge Warranty

DS now collected and good as new.

[fordmax]

Re: Nintendo DS Lite Broken Hinge Warranty

Hello, i am a new poster. I have had exactly the same problem you have with a red nintendo cracked hinge. Argos sent it back for me and i received the same reply you did. I then rang nintendo saying i did not agree that cracked hinges should be excluded from the warranty and i said if neccessary, i would pursue this through the small claims court. They said that was absolutely fine with them, and their legal dept would be in touch after i had started proceedings. I am so cross with them. Will i take them or Argos to court?? Argos don't want to know; they believe that if Nintendo says hinges are not covered by warranty, then they do not have to help me any futher, and of course, you are only ever dealing with barely-qualified staff who have no desire to help in my local store.

Any help gratefully received, and thankyou for reading this post.

[Guest]

Re: Nintendo DS Lite Broken Hinge Warranty

Your contract is with Argos, deal only with them.

[scoobydoo]

Re: Nintendo DS Lite Broken Hinge Warranty

I am glad this thread is running - I think a lot of help is needed in these cases . My son had a faulty Xbox purchased through ASDA . they refused point blank to offer any assistance. they even said that as X boxes go wrong so often that was the reason they would not help.

Luckily he had an extended warranty and he is getting the unit repaired FOC - but Asda were appalling in their attitude.

[Guest]

Re: Nintendo DS Lite Broken Hinge Warranty

Asda are breaking the law by not helping. How old is the Xbox?

[scoobydoo]

Re: Nintendo DS Lite Broken Hinge Warranty

about 18 months old I think. If he was not getting the FOC repair I would be taking it up with them . I did tell him his rights but they just would not listen . They were very dismissive.

[Guest]

Re: Nintendo DS Lite Broken Hinge Warranty

Consumers in the UK have the statutory right to expect that goods must be of satisfactory quality, they must be safe, in working order and free of defects, are fit for purpose and capable of doing what they are meant to do. It enables us to request a repair, replacement or even a refund at any time, bearing in mind the price you have paid and the expected lifetime of the product. In many cases, this may be longer than two years and could be anything up to six. (Five in Scotland)

What tends to confuse consumers and allow traders to wriggle out of their legal obligations under Sale of Goods Act 1979, is the mention of guarantees or warranties (essentially the same thing). Warranties and guarantees are offered in addition to the statutory rights afforded to us under the Act. Once a product is ‘out of warranty’, the retailer or supplier is still responsible and for up to six years, although our rights do decay over time.

However, an Xbox would be expected to last more than 18 months and if you do choose to deal with the manufacturer rather than the retailer, be aware that you may lose your rights under the above Act. (See post #4)

[Knocker]

Re: Nintendo DS Lite Broken Hinge Warranty

Hi everyone. I had my DS hinge repaired 3 weeks ago and it has broken again. I spoke to Nintendo and they reckon I have to pay again as the hinge isn't covered by any warranty. Surely a repair should last longer than 3 weeks said I. Send it in and we will look at it said they! This problem with the DS hinges must be one of the biggest scams ever. Great to see such a useful site - I am fuming and it is good to share!

[fordmax]

Re: Nintendo DS Lite Broken Hinge Warranty

SUCCESS!!!
I wanted to post a follow-up in case other people were following this thread. I kept my complaint with Argos (broken red D.S hinge), dispite them trying to tell me i should be pursuing Nintendo. I took them to the small claims court.
What did this involve? It involved me going to the small claims court in my area and asking how to persue a claim. The nice lady gave me a sheet of (fairly straightforward) questions x3, (a copy each for me, judge and Argos). I filled them out at home (approx time 1 hour)and returned them. Less than 1 week later i am sitting here staring at the cheque Argos have sent me by recorded delivery! It is for £73. I asked for £53 because that was what Nintendo qouted to fix the hinge, plus £20 for my time and inconvenience. So it would seem that Argos literally sent me a check by return of post as soon as they received the court papers.
I am really happy it was so prompt, and hassle-free.

[enaid]

Re: Nintendo DS Lite Broken Hinge Warranty

Thanks for telling us about your success fordmax, lots of people are put off by the thought of taking someone to court, especially a big concern like Argos.
Maybe now after reading your post a few more will have the bottle to do it, especially as right is on their side with a matter like this.
Thank You Enaid x