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	<title>Comments on: Microsoft Refusing to Take $10 Million Worth of Defective 360s from EB Oz?</title>
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	<link>http://www.kotaku.com.au/2008/01/microsoft_refusing_to_take_back_10_million_worth_of_defective_360s_from_eb_oz/</link>
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		<title>By: Adam</title>
		<link>http://www.kotaku.com.au/2008/01/microsoft_refusing_to_take_back_10_million_worth_of_defective_360s_from_eb_oz/comment-page-2/#comment-15508</link>
		<dc:creator>Adam</dc:creator>
		<pubDate>Sun, 09 Mar 2008 05:15:24 +0000</pubDate>
		<guid isPermaLink="false">http://www.kotaku.com.au/games/2008/01/microsoft_refusing_to_take_back_10_million_worth_of_defective_360s_from_eb_oz.html#comment-15508</guid>
		<description>&lt;p&gt;This blog has gotten some mainstream media attention from the Sydney Morning Herald - the link is below:&lt;/p&gt;

&lt;p&gt;&lt;a href=&quot;http://www.smh.com.au/news/biztech/faulty-xbox-yarn-is-nixed/2008/01/30/1201369215112.html&quot; rel=&quot;nofollow&quot;&gt;http://www.smh.com.au/news/biztech/faulty-xbox-yarn-is-nixed/2008/01/30/1201369215112.html&lt;/a&gt;&lt;/p&gt;

&lt;p&gt;In response to that article, I sent the following to the Sydney Morning Herald (and also thought other users might appreciate this):&lt;/p&gt;

&lt;p&gt;Having just read the article &quot;Faulty Xbox yarn is nixed&quot; from January 30 2008 - I have further information with regards to that story.&lt;/p&gt;

&lt;p&gt;I purchased an Xbox 360 Pro (as mentioned in the article - the ones with the defects) in October 2006, after my Xbox version one died 3 separate times. Whilst wary about purchasing a 360, it was the only console available, and so decided to buy one. At the time of purchase, an EB Games employee asked if I would like an &quot;extended warranty&quot;, which meant, in his words &quot;that if the 360 fails in the next two years, we&#039;ll replace it with a new one&quot;. Naturally my wariness over the reliability of Xbox products encouraged me to do so. This cost me $85, and covered me for two years from purchase (ie, until October 08). &lt;/p&gt;

&lt;p&gt;In the past two weeks, my 360 has been suffering from the &quot;two red light&quot; overheating shutdown. I am not able to play my 360 for more than 5-10 minutes every 6-12 hours, even during the middle of the night when air temperatures are cooler, and not at all during the day. With my MS warranty running out just days before it started (and of course not being covered by the extended 3 year MS warranty due to the fault not being the &quot;Red Ring of Death&quot;), I contacted EB in the belief that they would replace my 360 with a new one.&lt;/p&gt;

&lt;p&gt;The response I got was not impressive: EB Games had chosen to refund ALL customers who had purchased the extended warranty, as they had/have been involved in LEGAL ACTION with MS, and as such were no longer able to uphold their end of the deal by providing customers with a new xbox 360.&lt;/p&gt;

&lt;p&gt;I was told that there still were no Xbox consoles currently in stock, and that there would not be for at least two weeks - whether this was new or reconditioned models was not specified. &lt;/p&gt;

&lt;p&gt;Their &quot;best offer&quot;, as they put it, was to refund me the $85 for the warranty, and offer me a swap on my console for another &quot;seconhand&quot; (read: faulty and repaired) console. I said I would consider my options and get back to them. At this stage I am considering contacting the Office of Consumer and Business Affairs, ACCC and/or legal counsel due to the misrepresentation on the value of the warranty/merchantable quality of the goods, as well as contractual issues surrounding the warranty. &lt;/p&gt;

&lt;p&gt;I would be interested to hear whether an EB Games employee has specifically given a false or misleading statement re: Legal action involving MS.&lt;/p&gt;

&lt;p&gt;As it is, I do not believe I will engage in commerce involving either EB or MS in the future, and will be advising other consumers to avoid the 360 at all costs.&lt;/p&gt;</description>
		<content:encoded><![CDATA[<p>This blog has gotten some mainstream media attention from the Sydney Morning Herald &#8211; the link is below:</p>
<p><a href="http://www.smh.com.au/news/biztech/faulty-xbox-yarn-is-nixed/2008/01/30/1201369215112.html" rel="nofollow">http://www.smh.com.au/news/biztech/faulty-xbox-yarn-is-nixed/2008/01/30/1201369215112.html</a></p>
<p>In response to that article, I sent the following to the Sydney Morning Herald (and also thought other users might appreciate this):</p>
<p>Having just read the article &#8220;Faulty Xbox yarn is nixed&#8221; from January 30 2008 &#8211; I have further information with regards to that story.</p>
<p>I purchased an Xbox 360 Pro (as mentioned in the article &#8211; the ones with the defects) in October 2006, after my Xbox version one died 3 separate times. Whilst wary about purchasing a 360, it was the only console available, and so decided to buy one. At the time of purchase, an EB Games employee asked if I would like an &#8220;extended warranty&#8221;, which meant, in his words &#8220;that if the 360 fails in the next two years, we&#8217;ll replace it with a new one&#8221;. Naturally my wariness over the reliability of Xbox products encouraged me to do so. This cost me $85, and covered me for two years from purchase (ie, until October 08). </p>
<p>In the past two weeks, my 360 has been suffering from the &#8220;two red light&#8221; overheating shutdown. I am not able to play my 360 for more than 5-10 minutes every 6-12 hours, even during the middle of the night when air temperatures are cooler, and not at all during the day. With my MS warranty running out just days before it started (and of course not being covered by the extended 3 year MS warranty due to the fault not being the &#8220;Red Ring of Death&#8221;), I contacted EB in the belief that they would replace my 360 with a new one.</p>
<p>The response I got was not impressive: EB Games had chosen to refund ALL customers who had purchased the extended warranty, as they had/have been involved in LEGAL ACTION with MS, and as such were no longer able to uphold their end of the deal by providing customers with a new xbox 360.</p>
<p>I was told that there still were no Xbox consoles currently in stock, and that there would not be for at least two weeks &#8211; whether this was new or reconditioned models was not specified. </p>
<p>Their &#8220;best offer&#8221;, as they put it, was to refund me the $85 for the warranty, and offer me a swap on my console for another &#8220;seconhand&#8221; (read: faulty and repaired) console. I said I would consider my options and get back to them. At this stage I am considering contacting the Office of Consumer and Business Affairs, ACCC and/or legal counsel due to the misrepresentation on the value of the warranty/merchantable quality of the goods, as well as contractual issues surrounding the warranty. </p>
<p>I would be interested to hear whether an EB Games employee has specifically given a false or misleading statement re: Legal action involving MS.</p>
<p>As it is, I do not believe I will engage in commerce involving either EB or MS in the future, and will be advising other consumers to avoid the 360 at all costs.</p>
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		<title>By: ps3:)me</title>
		<link>http://www.kotaku.com.au/2008/01/microsoft_refusing_to_take_back_10_million_worth_of_defective_360s_from_eb_oz/comment-page-2/#comment-15507</link>
		<dc:creator>ps3:)me</dc:creator>
		<pubDate>Wed, 27 Feb 2008 10:41:32 +0000</pubDate>
		<guid isPermaLink="false">http://www.kotaku.com.au/games/2008/01/microsoft_refusing_to_take_back_10_million_worth_of_defective_360s_from_eb_oz.html#comment-15507</guid>
		<description>&lt;p&gt;Lol i know where they are being stored......&lt;br /&gt;
Australian post warehouse in wethrill park n.s.w. and omg their is thousands of them. So when I saw that i made my mind up on the spot and bought a ps3, made my life a whole lot easer as i couldn’t decide.&lt;br /&gt;
&lt;/p&gt;</description>
		<content:encoded><![CDATA[<p>Lol i know where they are being stored&#8230;&#8230;<br />
Australian post warehouse in wethrill park n.s.w. and omg their is thousands of them. So when I saw that i made my mind up on the spot and bought a ps3, made my life a whole lot easer as i couldn’t decide.</p>
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		<title>By: Madness</title>
		<link>http://www.kotaku.com.au/2008/01/microsoft_refusing_to_take_back_10_million_worth_of_defective_360s_from_eb_oz/comment-page-2/#comment-15506</link>
		<dc:creator>Madness</dc:creator>
		<pubDate>Sat, 02 Feb 2008 08:48:33 +0000</pubDate>
		<guid isPermaLink="false">http://www.kotaku.com.au/games/2008/01/microsoft_refusing_to_take_back_10_million_worth_of_defective_360s_from_eb_oz.html#comment-15506</guid>
		<description>&lt;p&gt;I went into an EB store today to buy Xbox 360 premium and was told that due to; quote&quot;90% failure rate we are not stocking, this will probably not be fixed until March” unquote.&lt;/p&gt;

&lt;p&gt;My take on it is this, EB sell their own extended warranty – MS announce (in good faith) that on July 5th 2007 that; “The company said it will cover machines that experience such failures for up to three years from the date of purchase” see here: &lt;a href=&quot;http://www.news.com/8301-10784_3-9740021-7.html?tag=txt&quot; rel=&quot;nofollow&quot;&gt;http://www.news.com/8301-10784_3-9740021-7.html?tag=txt&lt;/a&gt;&lt;/p&gt;

&lt;p&gt;So EB decides that all those juicy “extended” warranties they sold can now be covered by MS rather than their own insurance company (you don’t really think that EB have a bunch of qualified staff actually fixing the units do you?) They are all covered by an insurance company against failure.....&lt;/p&gt;

&lt;p&gt;End state:- Went into GAME got a good Deal on the Xbox, extra controller, HDMI and a battery charger.&lt;br /&gt;
&lt;/p&gt;</description>
		<content:encoded><![CDATA[<p>I went into an EB store today to buy Xbox 360 premium and was told that due to; quote&#8221;90% failure rate we are not stocking, this will probably not be fixed until March” unquote.</p>
<p>My take on it is this, EB sell their own extended warranty – MS announce (in good faith) that on July 5th 2007 that; “The company said it will cover machines that experience such failures for up to three years from the date of purchase” see here: <a href="http://www.news.com/8301-10784_3-9740021-7.html?tag=txt" rel="nofollow">http://www.news.com/8301-10784_3-9740021-7.html?tag=txt</a></p>
<p>So EB decides that all those juicy “extended” warranties they sold can now be covered by MS rather than their own insurance company (you don’t really think that EB have a bunch of qualified staff actually fixing the units do you?) They are all covered by an insurance company against failure&#8230;..</p>
<p>End state:- Went into GAME got a good Deal on the Xbox, extra controller, HDMI and a battery charger.</p>
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		<title>By: Matt</title>
		<link>http://www.kotaku.com.au/2008/01/microsoft_refusing_to_take_back_10_million_worth_of_defective_360s_from_eb_oz/comment-page-2/#comment-15505</link>
		<dc:creator>Matt</dc:creator>
		<pubDate>Wed, 30 Jan 2008 09:06:05 +0000</pubDate>
		<guid isPermaLink="false">http://www.kotaku.com.au/games/2008/01/microsoft_refusing_to_take_back_10_million_worth_of_defective_360s_from_eb_oz.html#comment-15505</guid>
		<description>&lt;p&gt;Funny how it&#039;s suddenly become fashionable to believe every BS insider story as long as it involves MS, why not try to use head before you give such stories credence.&lt;br /&gt;
&lt;a href=&quot;http://www.smh.com.au/news/biztech/faulty-xbox-yarn-is-nixed/2008/01/30/1201369215112.html&quot; rel=&quot;nofollow&quot;&gt;http://www.smh.com.au/news/biztech/faulty-xbox-yarn-is-nixed/2008/01/30/1201369215112.html&lt;/a&gt;&lt;/p&gt;</description>
		<content:encoded><![CDATA[<p>Funny how it&#8217;s suddenly become fashionable to believe every BS insider story as long as it involves MS, why not try to use head before you give such stories credence.<br />
<a href="http://www.smh.com.au/news/biztech/faulty-xbox-yarn-is-nixed/2008/01/30/1201369215112.html" rel="nofollow">http://www.smh.com.au/news/biztech/faulty-xbox-yarn-is-nixed/2008/01/30/1201369215112.html</a></p>
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		<title>By: Malcolm</title>
		<link>http://www.kotaku.com.au/2008/01/microsoft_refusing_to_take_back_10_million_worth_of_defective_360s_from_eb_oz/comment-page-1/#comment-15504</link>
		<dc:creator>Malcolm</dc:creator>
		<pubDate>Wed, 30 Jan 2008 08:19:42 +0000</pubDate>
		<guid isPermaLink="false">http://www.kotaku.com.au/games/2008/01/microsoft_refusing_to_take_back_10_million_worth_of_defective_360s_from_eb_oz.html#comment-15504</guid>
		<description>&lt;p&gt;I purchased an &#039;Xbox 360 and extended warranty&#039; from EB Games about 16 months ago. The box stopped reading games last December and I took it back to EB for replacement. They told me that they &quot;didnt have any in stock&quot; but &quot;should have some within a week&quot;. Week after week rolled by and guess what, no Xbox. I eventually &#039;spat it&#039; last week and offered to pay the extra $130 dollars for an Elite system (which they had in stock). To their credit, they accepted my offer. If you are waiting indefinately for a new system then you may want to consider offering the same. &lt;/p&gt;</description>
		<content:encoded><![CDATA[<p>I purchased an &#8216;Xbox 360 and extended warranty&#8217; from EB Games about 16 months ago. The box stopped reading games last December and I took it back to EB for replacement. They told me that they &#8220;didnt have any in stock&#8221; but &#8220;should have some within a week&#8221;. Week after week rolled by and guess what, no Xbox. I eventually &#8217;spat it&#8217; last week and offered to pay the extra $130 dollars for an Elite system (which they had in stock). To their credit, they accepted my offer. If you are waiting indefinately for a new system then you may want to consider offering the same. </p>
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		<title>By: Mr. sickVisionz</title>
		<link>http://www.kotaku.com.au/2008/01/microsoft_refusing_to_take_back_10_million_worth_of_defective_360s_from_eb_oz/comment-page-1/#comment-15503</link>
		<dc:creator>Mr. sickVisionz</dc:creator>
		<pubDate>Tue, 29 Jan 2008 22:37:07 +0000</pubDate>
		<guid isPermaLink="false">http://www.kotaku.com.au/games/2008/01/microsoft_refusing_to_take_back_10_million_worth_of_defective_360s_from_eb_oz.html#comment-15503</guid>
		<description>&lt;p&gt;I&#039;ll preface this with, &quot;I HATE EB GAMES&quot;&lt;/p&gt;

&lt;p&gt;I&#039;ve had nothing but bad experiences with them.  I bought a used original x-box around like 2003.  The first one they gave me wouldn&#039;t even turn on.  The second one they gave me had a red ring the instant you plugged it up.  EB didn&#039;t even plug that machine up to see if it worked before taking it and, more importantly, selling it. Strike 1.&lt;/p&gt;

&lt;p&gt;I bought a a used gamecube a few months ago.  THe video cord was broken out of the box.  Luckily my old N64 cable worked.  However, once again, EB didn&#039;t even test the system to see if it worked or not before selling it. Strike 2&lt;/p&gt;

&lt;p&gt;Strike 3.  I purchased a used 360 game that wouldn&#039;t even load past the logo screens.  They didn&#039;t even test the game out and sadly they probably sold that broken disc back to someone else.  Strike 3.&lt;/p&gt;

&lt;p&gt;EB is easily the worst place to buy used games or systems.  They screw the consumer on a regular basis and they screw game makers on a daily basis.  I hate them.  I&#039;m glad someone is finally giving them a taste of their own medicine.  I hope this drives EB Au to bankruptcy.&lt;/p&gt;</description>
		<content:encoded><![CDATA[<p>I&#8217;ll preface this with, &#8220;I HATE EB GAMES&#8221;</p>
<p>I&#8217;ve had nothing but bad experiences with them.  I bought a used original x-box around like 2003.  The first one they gave me wouldn&#8217;t even turn on.  The second one they gave me had a red ring the instant you plugged it up.  EB didn&#8217;t even plug that machine up to see if it worked before taking it and, more importantly, selling it. Strike 1.</p>
<p>I bought a a used gamecube a few months ago.  THe video cord was broken out of the box.  Luckily my old N64 cable worked.  However, once again, EB didn&#8217;t even test the system to see if it worked or not before selling it. Strike 2</p>
<p>Strike 3.  I purchased a used 360 game that wouldn&#8217;t even load past the logo screens.  They didn&#8217;t even test the game out and sadly they probably sold that broken disc back to someone else.  Strike 3.</p>
<p>EB is easily the worst place to buy used games or systems.  They screw the consumer on a regular basis and they screw game makers on a daily basis.  I hate them.  I&#8217;m glad someone is finally giving them a taste of their own medicine.  I hope this drives EB Au to bankruptcy.</p>
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		<title>By: Resident B</title>
		<link>http://www.kotaku.com.au/2008/01/microsoft_refusing_to_take_back_10_million_worth_of_defective_360s_from_eb_oz/comment-page-1/#comment-15502</link>
		<dc:creator>Resident B</dc:creator>
		<pubDate>Tue, 29 Jan 2008 21:14:10 +0000</pubDate>
		<guid isPermaLink="false">http://www.kotaku.com.au/games/2008/01/microsoft_refusing_to_take_back_10_million_worth_of_defective_360s_from_eb_oz.html#comment-15502</guid>
		<description>&lt;p&gt;This is the problem of EB Games.  They have contracts with their customers (extended warranties) that they are choosing not to honour because it is costing them money.  Breach of contract and possibly breach of s52 of the Trade Practices Act.&lt;/p&gt;</description>
		<content:encoded><![CDATA[<p>This is the problem of EB Games.  They have contracts with their customers (extended warranties) that they are choosing not to honour because it is costing them money.  Breach of contract and possibly breach of s52 of the Trade Practices Act.</p>
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		<title>By: RaGinG TyRanT</title>
		<link>http://www.kotaku.com.au/2008/01/microsoft_refusing_to_take_back_10_million_worth_of_defective_360s_from_eb_oz/comment-page-1/#comment-15501</link>
		<dc:creator>RaGinG TyRanT</dc:creator>
		<pubDate>Tue, 29 Jan 2008 20:24:19 +0000</pubDate>
		<guid isPermaLink="false">http://www.kotaku.com.au/games/2008/01/microsoft_refusing_to_take_back_10_million_worth_of_defective_360s_from_eb_oz.html#comment-15501</guid>
		<description>&lt;p&gt;What comes around goes around. EB is a horrible company to work for. I have seen great hardworking employees get fired over nothing. I worked for EB as a manager and I resigned. they would never lsiten. I told them to sell the preowns cheaper and give more value , but they dont care. Its greed , and now one of thier ploys to make money is bitting them right in the ass. We as gamers have all the power to control the market. Its time we do that, and never again let any company control us. If the proce isnt right dont do it. They will have no choice but to honor us. Stcik together people. DONT BUY ANYMORE PREOWN GAMES. Its hurting the game companies bigtime, and soon they wont be able to afford to make games.&lt;/p&gt;</description>
		<content:encoded><![CDATA[<p>What comes around goes around. EB is a horrible company to work for. I have seen great hardworking employees get fired over nothing. I worked for EB as a manager and I resigned. they would never lsiten. I told them to sell the preowns cheaper and give more value , but they dont care. Its greed , and now one of thier ploys to make money is bitting them right in the ass. We as gamers have all the power to control the market. Its time we do that, and never again let any company control us. If the proce isnt right dont do it. They will have no choice but to honor us. Stcik together people. DONT BUY ANYMORE PREOWN GAMES. Its hurting the game companies bigtime, and soon they wont be able to afford to make games.</p>
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		<title>By: Mud</title>
		<link>http://www.kotaku.com.au/2008/01/microsoft_refusing_to_take_back_10_million_worth_of_defective_360s_from_eb_oz/comment-page-1/#comment-15500</link>
		<dc:creator>Mud</dc:creator>
		<pubDate>Tue, 29 Jan 2008 18:01:43 +0000</pubDate>
		<guid isPermaLink="false">http://www.kotaku.com.au/games/2008/01/microsoft_refusing_to_take_back_10_million_worth_of_defective_360s_from_eb_oz.html#comment-15500</guid>
		<description>&lt;p&gt;EB must be having trouble with Nintendo as well. &lt;/p&gt;

&lt;p&gt;Every time I ask them if they have any Wii&#039;s they tell me they&#039;re &quot;out of stock&quot; and &quot;don&#039;t know when they will be getting more in&quot;.&lt;/p&gt;

&lt;p&gt;Oh EB is sad they can&#039;t gouge the public into purchasing an extended warranty from them. Awwww, too bad.&lt;/p&gt;

&lt;p&gt;&lt;/p&gt;

&lt;p&gt;&lt;br /&gt;
&lt;/p&gt;</description>
		<content:encoded><![CDATA[<p>EB must be having trouble with Nintendo as well. </p>
<p>Every time I ask them if they have any Wii&#8217;s they tell me they&#8217;re &#8220;out of stock&#8221; and &#8220;don&#8217;t know when they will be getting more in&#8221;.</p>
<p>Oh EB is sad they can&#8217;t gouge the public into purchasing an extended warranty from them. Awwww, too bad.</p>
</p>
<p></p>
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		<title>By: JM</title>
		<link>http://www.kotaku.com.au/2008/01/microsoft_refusing_to_take_back_10_million_worth_of_defective_360s_from_eb_oz/comment-page-1/#comment-15499</link>
		<dc:creator>JM</dc:creator>
		<pubDate>Tue, 29 Jan 2008 14:47:54 +0000</pubDate>
		<guid isPermaLink="false">http://www.kotaku.com.au/games/2008/01/microsoft_refusing_to_take_back_10_million_worth_of_defective_360s_from_eb_oz.html#comment-15499</guid>
		<description>&lt;p&gt;EB has a habit of taking warranty replacements, swapping out a new unit, then sending it back to MS a &quot;defective&quot;.  My EB did that with mine.  I know because the manager said I couldn&#039;t get the free games when swapping out the premium.&lt;/p&gt;</description>
		<content:encoded><![CDATA[<p>EB has a habit of taking warranty replacements, swapping out a new unit, then sending it back to MS a &#8220;defective&#8221;.  My EB did that with mine.  I know because the manager said I couldn&#8217;t get the free games when swapping out the premium.</p>
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