Unhappy!!!

[saltynay]

I recently purchased an XFX black edition 260 core 216 55nm card from you the fan was DOA. I sent it back 2 days after through your couriers picked up on wednesday. Your technicians checked it over confirmed it was DOA on the friday. I waited until wednesday the following wednesday, no email from you telling me whats happening and putting the rma number into your tracking didn't work. I finally was forced to call up and was told that the fault had been found and sent back to XFX who would be the third party to confirm the fan was dead. XFX could take upto 10 days and then confirm with you when it will be promptly shipped.

I am not happy because I bought the card on the 15th as my graphics card died on my main desktop as a result I am unable to use this computer at all. I am not content with your speed or seeming concern for my predicament.

[Chris P]

saltynay

Please can you confirm the RMA number so we can look into this for you.

Who told you that XFX will take up to 10 days to complete the RMA?

Best Regards

[saltynay]

The person on your support line for rma's told me that after it was sent by you to xfx it could take upto 10 days before the fault is confirmed and you would be able to send me a new card.

RMA 196417

[TAKTAK]

The person on your support line for rma's told me that after it was sent by you to xfx it could take upto 10 days before the fault is confirmed and you would be able to send me a new card.

RMA 196417

The key phrase there is UPTO, yes, it could take UPTO 10 days, all they are saying is that is the maximum time for XFX to diagnose and send a replacement. They aren't saying it will be 10 days, just that i could be, sort of covering their backs if a unforeseen problem arises.

And it was sent back to XFX as that is XFX's current RMA route, (which is currently in the process of being re-worked to make it faster)

[saltynay]

Tak what are you arguing about? I never said I though it will be 10 days I always stated upto. The card was sent off to XFX on the 23rd so there are 2 more days for the ass to be covered doubt they are going to do it at the weekend though . Either way I am still without a card that I purchased on the 15th for an excessive amount of time...

[Blackbadger]

The 10 days is 10 working days.. = 14 days.. 2 weeks.

This does not include the time taken to send to scan, the time taken for scan to acknowledge the return of the of the card, the time taken for scan to test it, the time taken for scan to send it to xfx. ( I am unsure if XFX give scan the nod to issue a replacement once testing has been done, or a 2nd hand/refurbished card is issued by xfx, as per XFX's warranty conditions.

Repair parts and replacement Product will be furnished on an exchange basis and will be either reconditioned or new.

http://www.xfxforce.com/en-us/Help/S...formation.aspx)

So it can take "upto" a month in a worst case scenario. from when you initially placed your order and paid, to have a working item.

Apparently there are "talks" about this system changing. It looks as if all rma's in the future will be sent directly to xfx to help expedite the process.

However any item received faulty/DOA, should be replaced without the consumer having to go through rma process's with the manufacturer ( which can take weeks & they could end up with a 2nd hand card ), this part has not been addressed or clarified yet.

The good news is scan are trying to amend this, they are actively discussing this with us, which is great. Time will tell.

[Sepulchre]

Wesley stated in another thread on Friday that DOA's were no longer being handled in this manner and a new procedure for cards which develop a fault out with the DOA period was being worked out. Here is the post - http://forums.hexus.net/1623430-post3.html unfortunately it looks like your RMA was started prior to this new procedure being implemented.

Scan have independently told me the XFX procedure for cards outside the DOA period can take up to 15 days but typically they are taking 10 at the moment, I think there are a few varying figures being banded around at the moment but hopefully this will all be resolved shortly once Scan have the new procedures in place.

[saltynay]

I would not accept a refurb model why should I accept a card that is not new when I paid the full price for a new one, simply because it was DOA. Thats not an issue on my part that is a problem with Scan and indirectly XFX . I bought a graphics card on the 15th at a price that was appropriate at that time, a couple of days after scan lowered the price which is acceptable I paid what I thought was just and I am content. Now we are half a month later and I am without graphics card. The market prices have changed for an extra £20s I could upgrade to a gtx280 which is more then just. If it would be quicker I would like my money back and I may choose to purchase the gtx280 from you or somewhere else with the more competitive price.

The extremely tedious element is that the fan was DOA not the gpu itself. I plan on watercooling my setup on my gaming desktop however I relegate my cards down to my htpc when replaced, so need a working fan in the long term. My sli 8800gts will be broken apart one will be used as a dedicated physx to accompany the gtx2*0 and the other will happily live in the htpc. If both are still working in another 1-2 years then they will be reunited in my htpc and the gtx2*0 will become dedicater physx for the gtx4*0 ect.

[Sepulchre]

I feel exatley the same way about receiving a refurb model, but I've been told this is fairly standard in the industry, even so I won't be happy if I get a referburbished replacement for my card which failed after 7 weeks! But I think it's important to remember that this is only a possibility and not a definate so not worth getting upset about!

[saltynay]

Sepulchre no offence but my case I feel is a lot stronger then yours atleast you got usage out of your card.

Mine was DOA, I contacted scan that day informing them and they issued me an RMA. I had an important exam and missed the first pickup by 10 mins (approximately 11:15am he came), so immediately contacted the couriers who said the driver would be contacted and asked to do a second pass later on. The driver never came I waited around and missed a lecture for a non-existent courier pick-up. Promptly informed scan who rebooked the pickup for the next day but if I am correct on the terminology I was charged for the second booking, which is one annoyance but again indirectly linked to scan. The following day I assumed the driver would come around the same time frame, he came at 2:30pm meaning I had to bunk yet another lecture.

I want scan to value a customer, I have spent approx £1000-2000 on scan goods. I am sure that amounts to a miniscule profit in the grander scheme but by paying the miniscule extra overhead that smaller stores charge such as kustom pcs, I think my customer relations would be much better and warrant the extra cost until scan improve

[Richh]

Oh boy, here we go again...

The key phrase there is UPTO, yes, it could take UPTO 10 days, all they are saying is that is the maximum time for XFX to diagnose and send a replacement.

The trouble with this arrangement is that XFX aren't involved in any way in the sales contract between Scan and Saltynay, Taktak. Salty is legally entitled to a replacement the moment Scan (the vendor) deem the product he has bought to be faulty. Scan may claim it to be reasonable to send the card to XFX for confirmation, but as things stand that is only their opinion.

If that's the case why don't they treat all RMAs, irrespective of brand, the same way? I'd suggest that, given that Scan normally ship replacement product within hours of declaring returned goods to be faulty, expecting someone to wait up to 10 days when they buy one specific brand is inherently unreasonable.

Scan are placing themselves in a highly legally dubious position via this policy. Once they acknowledge, via their online RMA status page, that they have found a fault, they are legally obliged to replace the product. There is absolutely no point in them getting a second opinion, because no matter what XFX say, Scan are still legally bound to replace the product because they, the supplier, have already admitted that it's duff. They're just making trouble for themselves with all this second opinion business. All they need is for someone in the legal profession to order a card that goes wrong and they'll wish they'd never invented this policy.

And it was sent back to XFX as that is XFX's current RMA route,

Well that shouldn't be the current RMA route for XFX cards, should it? The moment Scan receive a card back and update their RMA status page to indicate that they have deemed it to be faulty, they have, in the eyes of the law, accepted the faulty good, and have a duty to replace it. What are they going to do if XFX say no? Send a product they have already admitted to be faulty back to the buyer? They'll have Trading Standards crawling all over them if they try that one.

(which is currently in the process of being re-worked to make it faster)

It should be as fast as the DOA process that applies to every other single product Scan sell. They have, whether they like it or not, defined "reasonable" by the way they normally do business.

In this particular case, if a card has been returned because of a dead fan, why on earth do Scan need to send the card back to XFX? Surely their own staff are sufficiently well trained to power the thing up and determine whether or not the fan is rotating? Why is it necessary to cause further inconvenience to the customer while the thing gets sent to the distributor for them to do the same and agree that it doesn't go round? What a patently ridiculous situation!

Will someone from Scan give us a straight answer as to why this plainly counterproductive policy was brought into existence in the first place? Has it started to impact on XFX sales volumes yet?

[pauldarkside]

Not the first time I've seen this crop up with an XFX card either. It'll make me think twice about buying one of their models in future if their customers are getting messed about like this. I understand that manufacturers have a right to inspect the goods to deem if it's faulty or not, but still if something's been confirmed as being DOA, it ought to be replaced without delay.

[Richh]

( I am unsure if XFX give scan the nod to issue a replacement once testing has been done, or a 2nd hand/refurbished card is issued by xfx, as per XFX's warranty conditions.

In the case of DOA product, "XFX's warranty conditions" don't even enter the equation. This situation is covered either by the Distance Selling Regulations, or the Sale of Goods Act, and the responsibility is on Scan, the vendor, to replace the dead product with a new card. "2nd hand or refurbished"? No chance!

[Saracen]

In the case of DOA product, "XFX's warranty conditions" don't even enter the equation. This situation is covered either by the Distance Selling Regulations, or the Sale of Goods Act, and the responsibility is on Scan, the vendor, to replace the dead product with a new card. "2nd hand or refurbished"? No chance!

Unless delivery occurred some days after saltynay says he ordered this (the 15th), it's not a Distance Selling issue. It's been too long for that. It could have been if that was done immediately, but by the look of it, not now. If you're going to use the DSR, you must cancel within the mandated period, and if you don't, it doesn't matter why you didn't.

As for Sale of Goods Act, yes perhaps. But then the vendor is entitled to reassure themselves that that that were returned as faulty, and DOA, actually are DOA, and moreover, that the fault was with the goods and not perhaps with either misuse, mishandling or user error. I'm not suggesting that that is the case with saltynay, but some users DO do that, and retailers know it. And that means it's a grey area.

Once Scan have satisfied themselves as to what's going on, then what XFX say certainly doesn't affect the buyer's legal rights, but it does affect whether Scan will act as XFX's agent in implementing their warranty. Obviously, a buyer is better off having potential recourse to the warranty and SoGA rights than to just the latter.

So PLEASE, give Scan a chance to address this before getting involved in another argument about legal rights. Last time, when a DSR cancellation was a possibility, then being aware of that within the statutory time limit was an issue, but that doesn't appear to be the case here.

So PLEASE, stop the legal wrangling until Scan have a chance to deal with this. I'm sure saltynay wants his problem solved, and if the thread gets closed because it's gone off the rails into an abtruse legal argument before there's a need for that, it doesn't help him. Otherwise, Scan won't have to close this thread, because I will, until they have a chance to react.

The RMA number was only confirmed yesterday (Saturday) afternoon, and today is Sunday. Chris is aware of it and looking at it, but give the bloke a chance.

We also know that the procedures re: XFX are being amended, but that doesn't happen in five minutes either.

So out of respect for saltynay, and to not get his thread closed, PLEASE stop the stuff about the legal position, at least until Scan have had a chance.

[Alfieg]

So out of respect for saltynay, and to not get his thread closed, PLEASE stop the stuff about the legal position, at least until Scan have had a chance.

Completely Agree. Give Scan a chance to sort this out with the customer.

[mat-ster]

I am shocked at SCAN's way of dealing with "defective goods".

The FACT is, if it has been declared by SCAN (the seller) that the product has an inherent fault and can not be demonstrated that it has been damaged (yes I am aware of the change in legislation) then SCAN are legally obliged to replace with a similar product (reasonable allowance for change in brand etc) or if the customer is not satisfied with this action, issue a FULL refund.

SCAN you do not have a choice in this (I accept it's a little bit more complicated when the buyer is a business).

In fact under certain circumstances you can even claim back expenses for the failure to provide a working product, lots of examples on the book.

Not wait for some-one else (OEM or otherwise) to confirm....basically unless SCAN repair the fan (of that particular card) then the consumer is entitled to a FULL refund.

Do SCAN test returned products at all or just pass them onto the OEM for assessment.

http://www.berr.gov.uk/whatwedo/cons...page38311.html - (I think the policy regarding XFX needs to be sorted)...