Not happy with my RMA choice of replacement, oh dear...

[Rob_B]

Well, my point is I don't want this as i'd be better of accepting the offer of the IP35P so a refund will never be an option for me.

I would like however a bit of compromise & I think a cooler (cost price would be fairly low I imagine) is a fair one.

EDIT: Buff - It's already with Scan & sorted.

[Saracen]

Is there any precedent or case law which defines this

(3) For the purposes of this Part, if the buyer rescinds the contract, any reimbursement to the buyer may be reduced to take account of the use he has had of the goods since they were delivered to him.

If it was based upon expected life that would be one thing but basing it on the warranty period wouldn't hold up for any normal purchase such a refrigerator for example

That depends what you mean by "define", I suspect.

I'm sure there's a large body of cases that have implemented it, but I rather suspect that the exact manner of how damages would be determined, or how a partial refund would be allocated, is down to matters of fact in individual cases, rather than principles of law that would set precedent, and certainly not ones that would set binding precedent.

But I agree, I would expect it to be based on an assessment of reasonable life expectation, not on the length of the warranty. One reason would be that the length of the warranty is up to the manufacturer and/or retailer, and they're not obliged to offer one. There is certainly little or no consistency between manufacturers that shows any relationship between how long a product would be expected to last and how long they'll warranty it for.

In almost all cases, I'd expect a reasonable expectation of life to be quite a bit longer than the warranty, if for no reason other than that no manufacturer wants to have to honour warranties, and I'm sure they build a projected cost of doing so into their forecasts, based on a projected percentage of warranty claims .... and I'd bet it's a pretty low percentage.

[Nelly.]

Well, my point is I don't want this as i'd be better of accepting the offer of the IP35P so a refund will never be an option for me.

I would like however a bit of compromise & I think a cooler (cost price would be fairly low I imagine) is a fair one.

EDIT: Buff - It's already with Scan & sorted.

Well if it's with Scan, are they going to ship it across to Abit - Netherlands?

You would of been better off sending the motherboard to Abit - Netherlands, by the time you have this resolved you would of recieved a Abit IP35-E replacement back anyway.

[wesleyaldred]

Rob B,

Please accept my apologies for any delay in replying, I have been away from the office for a couple of days and everyone else has been very busy.

I have spoken to Ian whom has assisted yourself with this return, unfortunately as you are aware we have only 2 options remaining for yourself and that is either the replacement we have offered you or we proceed with a refund, subject to usage deductions and current market values.

We can offer you LN 9907, which is ZALMAN SINKS RSH1 as a gesture of goodwill.

This offer is our final position i'm afraid, hopefully with this we can bring the matter to a satisfactory conclusion, should you wish to discuss this further, please give my collegue Ian a call on the support line.

Wesley

Returns Manager

[Rob_B]

I guess if thats the best offer then I'll go with that then, as mentioned a refund would just be cutting my nose of to spite my face!
Please don't think i'm being ungrateful as i genuinely am not & have always had good dealings with you guys but am a little frustrated! I'll make do with the ugly *sigh* board & make sure i use the EZ-Cmos reset button as much as possible to get my moneys worth out of it!

Do you want me to reply to Ian's last email or can you sort it?

Rob

[wesleyaldred]

Rob B,

If you could reply to Ian's message then the system will re-allocate the query directly to himself and he can finalise this for you.

If I can be of any further assistance, feel free to give me a shout.

Wesley

[Rob_B]

All done Wesley thanks.