My 8800GTX needs RMA'ing, Scan please help!

[scorchio75]

Hi Disturbedguy,

As I mentioned in my post:
"Now I may be wrong, given that this is an "OEM" product, but as it was sold to a consumer (you), I think you will be fine."

However, my [limited] understanding of consumer rights, the Sale of Goods Act and The Supply of Goods and Services Act, leads me to believe that any product sold "as new" by a retailer to a consumer is subject to the same legal status, regardless of whether it's an OEM product or not. (Although, I don't know if the sale of an OEM product turns the customer from a consumer to a "system-builder" - i.e. a business customer - with a different set of legal protections.)

My view is that many, many consumers are falsely hoodwinked into believing that a retailer or manufacturer's arbitrary guarantee is the be all and end all of the situation, when it simply isn't the case. There needs to be more clarity on this issue.

There's a good guide here: http://www.berr.gov.uk/files/file25486.pdf [PDF link!] - The 6th page of the PDF (plus the flowchart on the 8th page) might clarify my comments...

My take on Naan's situation is that he needs to continue his dialogue with Scan, as per the closing comments in my last post, and only contact Trading Standards if the discussions with Scan are fruitless.

I continue to use Scan for the majority of my component purchases because of the good service that I've received from them in the past and the great reputation that they have in the Hexus community (and elsewhere), so "pulling a fast one" may be a bit of a harsh comment, but the comment was meant to cover all retailers that shirk their responsibilities, whether accidentally or by deliberate omission. If Scan's staff aren't trained to deal with this kind of query correctly, then it's a management failure at Scan that needs to be dealt with.

Cheers,

s75

EDIT: Given Scan's reputation, it's entirely possible that they will offer a "goodwill" replacement or repair, if the legal status of an OEM product is different from a direct-to-consumer one - fingers crossed, Naan!

[moogle]

EDIT: Given Scan's reputation, it's entirely possible that they will offer a "goodwill" replacement or repair, if the legal status of an OEM product is different from a direct-to-consumer one - fingers crossed, Naan!

Only when it gets enough publicity I've yet to see someone confirm that something similiar happened to them without them having made a post on the forums. Still as I see it it's an OEM product even if it was sold to a consumer when you buy it you're told what you're getting and why it's that price. Just because you're a consumer buying the OEM product doesn't grant you rights to override it I think, otherwise we'd have all been told this.

[scorchio75]

Hi Moogle,

Yeah, I know what you mean - it's only ever the ones that kick up a stink that get their way!

I was just looking at the Scan site and the warranty info in their Ts & Cs doesn't mention OEM products at all. Ultimately, consumers rights trump a retailer/manfacturer's warranties - but, as I mentioned, I'm not sure whether a customer goes from being a "consumer" to a "business" by buying OEM products.

I think Naan is going to have to do a bit of research...and Scan need to clarify in their site Ts & Cs!

Cheers,

s75

Here's a snippet from that guide I linked to:

Buyers are entitled to goods of satisfactory quality, taking account of any description, the price and other relevant circumstances.

If an item has a fault that is present at the time of sale (sometimes referred to in this guidance as a "latent" or "inherent" fault), the consumer can complain once it is discovered.

But buyers cannot expect a legal remedy in respect of:

• fair wear and tear;
• misuse or accidental damage; or
• if they decide they no longer want the item.

Similarly, buyers cannot expect a legal remedy where goods have faults that they knew about before the sale or that should have been evident on reasonable inspection.

Remedies
If a product that was faulty at the time of sale is returned to the retailer, the buyer is legally entitled to:

• a full refund, if this is within a reasonable time of the sale ("reasonable time" is not defined in law but is often quite short); or
• a reasonable amount of compensation (or "damages") for up to six years from the date of sale (five years after discovery of the problem in Scotland).

This does not mean all goods have to last six years! It is the limit for making a claim in respect of a fault that was present at the time of sale. It is not equivalent to a guarantee.

[moogle]

I think Naan is going to have to do a bit of research...and Scan need to clarify in their site Ts & Cs!

Ahh yeah I see, I've seen conditions about things like these on other retailers T&C's.

[Hermann]

As far as I'm aware describing the products as OEM has no bearing on the protection provided as a consumer.

If the item was purchased as a consumer then consumer law applies.

The use of the scan website and a standard account is as a consumer.

To be a trade transaction you would have had to purchase through a trade account governed by a different set of T&Cs.

I'm sure the OP would know if he had opened a trade account and made his purchase through that under trade terms.

So I'd agree that the OP is entitled to have something done about this. If Scan won't deal with it then its the Trading Standards / Small Claims route.

The fact theres been no response from Scan in this thread does suggest they're not interested in resolving this informally.

[pauleden]

[moogle]

Same goes for asking about ram, but they still do
All this posting will eventually get a response from Scan though.

[Naan_H]

Hi guys, many thanks for the replies and help above..unfortunately, my work commitments have made me too busy to follow this up, working nights means i have to sleep during the day, and i have just woken up! im glad there has a been a revival in this thread cos i assumed everybody had forgotten about me . Your help is very, very appreciated.

TBH i am really disappointed with the lack of any reply from scan; i was expecting at least a response about this but have heard nothing. I am just a standard customer like most people on here, i am not a 'business' account holder. the Scan staff normally respond in such circumstances.

I really hope i can get this sorted; scan have always been first class and i dont want to have to stop buying from them. Its a shame cos i was just about to do a system upgrade too.

I just wish i had time to call scan..working days this week so ill be out of luck again

If a member of scan could please clarify the situation, or contact via this thread, i will really appreciate it. when i have the time ill call CS.

[Disturbedguy]

To be honest, you won't see the SCAN chaps on the forums much over the weekend..as well, they will more then likely be relaxing at home.

You will more then likely be waiting until monday before you get a reply.

[Naan_H]

To be honest, you won't see the SCAN chaps on the forums much over the weekend..as well, they will more then likely be relaxing at home.

You will more then likely be waiting until monday before you get a reply.

Yeh i wasn't expecting anything this weekend to be honest, lets hope i hear something on monday

[Naan_H]

Scan team could you reply in this thread please, there are answers that i need and im sure others are waitng for too. It would be much appreciated. thanks.

[moogle]

Scan team could you reply in this thread please, there are answers that i need and im sure others are waitng for too. It would be much appreciated. thanks.

You'll have to wait till tommorow again, they're closed at this time :/

[Lee H]

I have alerted the returns team to this thread and they will assist you shortly.

Best Regards,

[Naan_H]

Thanks Lee you're a star.

[Blitzen]

Hi Moogle,

Yeah, I know what you mean - it's only ever the ones that kick up a stink that get their way!

I was just looking at the Scan site and the warranty info in their Ts & Cs doesn't mention OEM products at all. Ultimately, consumers rights trump a retailer/manfacturer's warranties - but, as I mentioned, I'm not sure whether a customer goes from being a "consumer" to a "business" by buying OEM products.

I think Naan is going to have to do a bit of research...and Scan need to clarify in their site Ts & Cs!

Cheers,

s75

Here's a snippet from that guide I linked to:

Buyers are entitled to goods of satisfactory quality, taking account of any description, the price and other relevant circumstances.

If an item has a fault that is present at the time of sale (sometimes referred to in this guidance as a "latent" or "inherent" fault), the consumer can complain once it is discovered.

But buyers cannot expect a legal remedy in respect of:

• fair wear and tear;
• misuse or accidental damage; or
• if they decide they no longer want the item.

Similarly, buyers cannot expect a legal remedy where goods have faults that they knew about before the sale or that should have been evident on reasonable inspection.

Remedies
If a product that was faulty at the time of sale is returned to the retailer, the buyer is legally entitled to:

• a full refund, if this is within a reasonable time of the sale ("reasonable time" is not defined in law but is often quite short); or
• a reasonable amount of compensation (or "damages") for up to six years from the date of sale (five years after discovery of the problem in Scotland).

This does not mean all goods have to last six years! It is the limit for making a claim in respect of a fault that was present at the time of sale. It is not equivalent to a guarantee.

As difficult as the situation is with the OP, i don't think the 'amatuer solicitor' stance is a good one for to take, and i doubt it helps.

Let Scan and the complainant sort it out.

[scorchio75]

As difficult as the situation is with the OP, i don't think the 'amatuer solicitor' stance is a good one for to take, and i doubt it helps.

Let Scan and the complainant sort it out.

Hi Blitzen,

I was just quoting from a government-produced guide on consumers' rights - and the OP was looking for advice/help, after all.

Ultimately this is an issue that has, or will, affect all of us at some point, given our tinkering nature. Have you ever had an expensive component or piece of electronics fail and then been told by the retailer that "You're out of warranty. Nothing we can do." Depending on very few conditions and the circumstances of the sale, that position is illegal. (I'm not suggesting that Scan are deliberately misleading customers, by the way, as we've only heard the OP's point of view and Scan have an enviable - and admirable - customer service record.)

All I'm doing is giving the OP (and anyone else that wants to do a little research) the tools to resolve a situation if something goes wrong.

Sorry Naan, I'll stop hijacking your thread! Good luck with Scan - I'm sure they'll do their best. Let us know how you get on.

/gets off high horse

Cheers,

s75