SOGA vs Warranty

[DrillSgt]

In November 2008 I purchased an Asus 4870X2 from Scan.

It was sold with a 3 year manufacturers warranty, I paid £311+vat.

It developed a fault this year and I returned the card under warranty. I was informed a fault was detected and it was returned to Asus for replacement/repair.

I'm now told that since the card is relatively old, it is no longer available and as such cannot be replaced.

Instead, I've been offered £155+vat as a settlement.

I understand thet the UK Sale Of Goods Act allows the reseller to adjust the refund amount based on their perception of fair use prior to failure.

I've looked around, and £155 does not buy much in the way of a replacement, and to me seems unfair.

TL;DR:

My question is, does the manufacturers warranty not superceed the SOGA and entitle me to a suitable replacement or full refund if none is available?

[wesleyaldred]

The SOGA superceeds any warranty, not the other way round, warranty is in addition to your legal rights.

[Ray.uk]

So if the manufacturers warranty is better than SOGA which then applies?

[barry2811]

That's the way I read it too - that would make any and every warranty completely pointless?

Surely a warranty should supercede the SOGA when the warranty offers more favourable terms - that would be in addition to my statutory rights. The way I read Wesley's comments are that the SOGA applies period - forget your warranty.

[wesleyaldred]

The SOGA does always apply period, that is a fact, any warranty offered by anyone is just in additional to the SOGA which applies the baseline protection for every transaction in the UK.

In regards to the original question of does the warranty allow me a full refund, no it does not.

Wesley

[DrillSgt]

Ok, thank you for taking the time to respond.

Question 2:

Does the still vaild warranty allow for an equal (or superior) spec replacement from the manufacturer?

[wesleyaldred]

In this case no, a market value credit has already been passed to ourselves in respect of this.

[Cornholio]

My understanding is that its either a credit note to the value of the current card value, or a replacement of equal specification.

[rabbid]

If you are unhappy with the amount offered, try to push for a replacement of equal capability, whatever that might be now? Try to look through benchmark reviews and see how the available ones compare to yours?

I must say I am not impressed with the way some manufacturers are waiving warranty with partial refunds in this manner, it really detracts from their products IMHO. I guess at the end of the day its better than nothing say over a 12 month warranty, but its not to my mind what a warranty should be, ie a quality repair or replacement with equivalent performance product if repairs are genuinely uneconomical.

[DrillSgt]

Well, I've accepted the cash now and am shopping on ebay for a replacement.

I'm not entirely happy with the whole process, but I suspect that had I had the issue with a card under a 1yr warranty I'd have never gotten an RMA in the first place.

Asus rely on resellers to action their warranty, which weakens it's value in my opinion.

It doesn't help that I mistrust resellers by default. If I'd been copied on all correspondance to and from Asus regarding my card, I'd have had more faith.

Edit: Have a look for a card of similar performance to the 4870X2, 5870 is significantly less, 5970 is significantly more.