Hard Drive OEM Purchase - Puzzled

[risk_reversal]

I recently purchased a Seagate HD from an online retailer. The drive was described as OEM 1 Year Warranty.

Bit puzzled in as much as the following information has emerged since receiving the drive. Generally, when I receive a new drive, I usually access the manufacturer's website and put in the details to note the end date for the warranty.

In this case the manufacturer's website provided the following info after the particulars of the drive had been provided:

'This product cannot be processed for a return. Please contact the original place of purchase.'

I decided to access Seagate's online chat support in order to clarity the drive's status. During the course of the discussion, I asked as to the drive's manufacture date and was provided with the following info:

Manufacture date: 25-Aug-2005
Ship Date: 02-Sep-2005
Warranty End: Sep 2 2006

The online store from which I purchased the unit was what I would call a proper retailer ie not an ebay seller.

The online retailer's listing made no mention of the drive not being new. Since this drive was manufactured and shipped in 2005, it seems fair to assume that it has previously been used and is possibly / likely reconditioned.

Seagate have stated that as far as they are concerend the warranty on this drive has lapsed / expired.

I am uncertain as to how to proceed from here. Did I not purchase a new drive or does OEM implicitly mean used / reconditioned.

Can someone please help to clarify this issue.

Many thanks for any info provided.

Cheers

[classicsoftware]

You purchased an "Old" model that had been in their warehouse, but was never used.

[risk_reversal]

Many thanks for your reply classicsoftware.

On the assumption that this is new old stock, Seagate have nevertheless stated that as far as they are concerned, the warranty on this drive expired on Sept 2006.

The online retailer's warranty liability extends only for a period of 30 days in the U.K (if I m not mistaken).

I must admit that as regards hard drives I have never received new old stock that was this old.

Cheers

[Sylvander]

My understanding [going from imperfect memory]:

1. A warranty is in effect an INSURANCE that the SELLER takes out to cover THEIR COSTS/LOSSES due to expense incurred in meeting [at least part of] their LEGAL DUTY to the purchaser [you].

2. A warranty in no way deprives the buyer of his legal rights.
e.g.
(a) The Distance Selling Regulations give time for the buyer to check the goods once in hand.
The buyer has 7 days from the day after they arrive to INFORM the seller of the intention to return the goods.
The goods must then be returned within a reasonable time after those 7 days.

(b) If the goods have an "Inherent fault" [tendency to fail present at manufacture, but not showing until later], that shows within the 1st 6 months...
The buyer doesn't need to prove the existence of the fault; the seller must prove there is no fault.

(c) If the buyer reports an inherent fault within about 4 to 6 weeks of purchase [period depends upon the type of goods etc], he can demand a full refund [or lesser, like replacement].

(d) If outside the 4 -6 weeks, but within the 6 months...
The seller can refuse to give a full refund, or replacement with new goods...
He may as he chooses give a repair, or a refund minus a sum to cover value of use had to date, or placement with suitable/equivalent used goods.

3. When a buyer purchases from a seller...
There is a contract [implied or otherwise] between the buyer and seller.
There is NO contract between the buyer and the manufacturer.
The manufacturer owes no obligation to the buyer.
If the buyer has a problem he aught to deal with the seller.
If the buyer permits themselves to be induced to deal with the manufacturer...
This gives the seller an ESCAPE from their obligations, since the buyer has demonstrated they are prepared to deal with a 3rd party [might be a BIG MISTAKE on the part of the buyer].
The buyer should be certain that doing this will be unlikely to result in nasty consequences.

4. The above may not be an accurate/precise statement of the legal situation, so beware.
Any corrections welcome.

[jlreich]

There has been some fuzziness about OEM hard drives and warranties. Lets say you buy an OEM drive from Newegg, which most of us do get the OEM because it is cheaper, Newegg shows a 3-5 year manufacturer warranty, but some have said in the past that they have tried to claim the warranty and manufacturers have said that they only warranty OEM drives for a year. :eek:

If this is the case I don't know why Newegg, or other retailers, show a 3-5 year warranty. :confused:

I have not ever tried to RMA one of my hard drives past the Newegg RMA period, so I don't know what the case really is. Fortunately in most cases if the drive is going to fail prematurely it will fail within the first 30 days so you are covered by the retailers return policy. Another reason to run the full diagnostic test on the drive before you put it into service.

[Sylvander]

Should have said explicitly that I was speaking of the legal situation within the UK.

[risk_reversal]

Well I have managed to get some further info as regards this drive.

I quizzed the online retailer as regards this warranty and was informed that the 1 year warranty would be provided by the online retailer, or RTB [return to base].

I have consequently requested clarification as regards the terms of the warranty from the online retailer as well as clarity as to the status of this drive ie new, new old stock, etc......and await a reply.

The drive does have 'for OEM distribution' on the label and I have not noted this on other drives.

I have not ever tried to RMA one of my hard drives past the Newegg RMA period, so I don't know what the case really is. Fortunately in most cases if the drive is going to fail prematurely it will fail within the first 30 days so you are covered by the retailers return policy. Another reason to run the full diagnostic test on the drive before you put it into service.
Yes I agree usually run it then zero fill drive, then run it again.

I am shocked to hear about RMA's being denied as you suggested. A once simple issue regarding purchasing a HD is now becoming a mine field.

Good Luck

[classicsoftware]

Seagate has always marked their OEM drives so that the warranty would be with the system builder and not with the manufacturer.

[Paul Komski]

It will vary from place to place but many legislations provide certain statutory rights regarding "faulty" goods (or indeed mis-sold items) regardless of what is stated by a retailer or written down in a warranty.

[risk_reversal]

Seagate has always marked their OEM drives so that the warranty would be with the system builder and not with the manufacturer.
I looked on another Seagate drive you are correct it also does say OEM Drive.

When I had an issue with a Seagate drive about 2 years ago, I called Seagate tech support and no probs they just replaced it direct. I presume that that drive was also OEM stamped. It was certainly not a retail packaged one that is for sure, just a bare drive. Perhaps things have changed since that RMA.

Good Luck

[Sylvander]

1. "I called Seagate tech support and no probs they just replaced it direct"
It's often done...
MAINLY FOR THE CONVENIENCE OF THE SHOP...
That the customer is urged/advised/pressured into dealing direct with the manufacturer.
That presumably saves the shop the hassle of keeping stocks of replacements, or handing over items they'd rather sell to make yet more incoming cash flow.
The seller is let off the hook and gets to avoid any effort whatsoever in this respect.
The manufacturer still supplies a replacement...
But instead of it going where it aught...
To the shop [who are the ones legally held responsible] and thence to the buyer...
It goes direct to the buyer.
It's all well and good if it works to everyone's satisfaction.
But the buyers erse is out the window if it goes wrong.

The buyer isn't legally required to let the seller opt out.
And if the buyer does so, he may live to regret it.
Because he has just GIVEN AWAY FOR FREE, some of his legal rights.