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...and the fan died...
I made the mistake of sending it back as I had 1 year left of the warranty - I didn't want to lose it with replacing the fan myself.
Anyhow, I ended up with a partial refund of 73% of the original price I have paid.
When I asked for the faulty card back, the "favourite retailer of hexus" said that it's not an option. :censored: :censored: :censored: :censored: :censored: :censored:
I could have replaced the fan for around £5. Live and learn
What are the terms of the warranty? Presumably, sending it back under warranty is acceptance of the terms of that warranty.
Failing that, go to Consumer Direct. It's YOUR property, and in my (non-legal) opinion, unless that warranty gives the right for them to pick the nature of the warranty, without your agreement, then the card is still YOURS.
My personal feeling is that to just take the card and decide, without your agreement, that a given sum is adequate compensation is utterly unacceptable. It's YOUR card. Your property. The sum itself may well be reasonable, but to tell you that you cannot even have your own card back is not, in my view, at all reasonable unless the warranty explicitly gives them that option. If it does, the lesson is to read the warranty before using it.
I'm in the middle of taking the necessary steps to resolve this matter. Luckily, It is now confirmed that they should have returned my property when I asked.Quote:
Originally Posted by Saracen
Warranty bound by t&c's I'm affraid, probably states in there that if XFX issue a refund they may well have the rights to keep the faulty product.
But for them to decide to issue a refund, of their choice of amount, without giving the card owner an option to simply return the product, would be unconscionable. Suppose they said the refund was 50p .... and here it is, we've destroyed your £300 graphics card, so tough?Quote:
Originally Posted by Behemoth
Not on, is it?
I'm not saying that is what they do, merely that it would be unacceptable if it were. You ought, IMHO, at the very least, to have the option of having your own property returned unless you are happy with their offer .... and it appears from ehhhhhhh's later post that that should indeed have happened.
For them to offer an amount in refund is fine. For them to just do it, and effectively purloin the card without the owner's consent is not. It might even be classed as theft. If an offer of compensation is made, it ought to be exactly that .... an offer. Not a fait accompli.
This really isn't how t&c's work and it's a shame that a lot of people think it is. Anyone can write any old drivel in their terms and conditions, doesn't mean it's reasonable, legal or enforceable.Quote:
Originally Posted by Behemoth
For starters they should be checking with the consumer whether they would like their refund or their card back, not to mention that a warranty which seemingly works on a 'wear and tear' basis like some insurance is shocking!
It's a bit like those signs businesses put up washing their hands of responsibility of your items even though you've put them in their care in a cloakroom or similar, actually if they lose it it is still often their responsibility, regardless of what their sign might or might not say!
Wow that sucks, but what model card was it and was the 73% a reflection of what the current value of the card is now?
Just want to point out that this is not xfx this isQuote:
Originally Posted by Behemoth
which is correct XFX no longer gives the consumer any warranty on their graphics cards because they deal with the retailer not the consumer and the consumer deals with the retailer not the manufacture.Quote:
the "favourite retailer of hexus" said that it's not an option.
If this said retailer (I'm guessing you meant scan) just issues you with a partial refund without giving you any other options then that's a bad retailer.
I expect from what you've said there was a communication failier and they thought you wanted the card back as well as the partial refund, which they would be well within their rights to say no too.
On the issue of warranties and T&C's it's a bit of a tricky subject, the main reason is that warranties are agreements between two parties, they can put anything they like in the T&C and it will be legally binding as long as it does not contravene your statutory rights under the Distance Selling regulations.
I don't think they misunderstood me. I still have all the relevant comms and i stated clearly what I want. (the product back or full refund).Quote:
Originally Posted by Pob255
I did not consider the partial refund fair, because the item worked well, only the fan have failed.
Sale of Goods Act 1979—know your statutory rights. 'nuff said.
that is why i now use reputable retailers who do not try and fleece you with a partial refund unless its a direct warranty.Quote:
Originally Posted by ehhhhhhh
My latest favourite from no retailer in particular, but is getting increasingly common is the "deal with the manufacturer for warranty" line. Okay, it might be faster, but it's at my expense postage wise when some of the time it shouldn't be.
I recently had a retailer tell me I had "no option" but to deal with the manufacturer directly. Funny how it quickly became an option when I emailed them back and CC'ed my local trading standards in. So quick that they picked them item up the same day :laugh:
Ahh, but you even have to be careful with this now.Quote:
Originally Posted by GoNz0
There is a particular retailer which is mostly selling hard drives that are "out of the service area" when you try to RMA them to the manufacturer. No mention of this is on their site. You can't do an advanced RMA where they ship you the new drive first for example because of it, and some of the HDD makers just won't deal with you full stop.
Grey import disks: just say no.
yep i also got a none uk warranty samsung drive from scan, bought all of them via scan and had quite a shock when it had no warranty. at least it was ok after a low level format.
i do check if it has warranty upon arrival and will now return under DSR if not.
you shouldve have asked them for a breakdown on what in particular is wrong with the card as you could've got a quote for repairs from a 3rd party
the price for the "3rd party" repair is below £5 as thats what you pay for a fan on ebay :DQuote:
Originally Posted by cerebral744
I had to collect all the correspondence, fill out forms, etc to report this case officially. I wonder what will be the outcome :rolleyes:. I expect it to take a few months though.
I think if I ever ended up with fan issues on my XFX 6990 then instead of raising and RMA I might just consider the Arctic Cooling 6990 cooler as it sounds like going through the Warranty process would work out more expensive.