Jump to content
Sign in to follow this  
ash_XP

GTX470 replacement return timeframe over xmas period

Recommended Posts

Hi all,

 

Have not been around these parts for at least a year, have had some serious stuff go down on the personal side moving to the other side of the country and new jobs and all that goes with it, but I digress.

 

I sent a thought faulty gtx470 back to a online pc shop (shall remain unnamed) 12th decemeber last year. They confirmed the faulty card, and then sent it on to the manufacturer on approx the 16th i believe for further testing and replacement. Now I have no issues with the pc shop as they have been doing all they can for me and trying to contact the manufacturer on my behalf. The pc shop explained to me that the manufacturer went into holiday shutdown around the 18th I think and that they only went back to trading a couple of weeks ago.

 

I know its a busy time and things are always delayed around the Xmas period but I have been without a usable gaming machine for 1 month and 2 days now since I sent the card back and Im starting to get a little fed up. Anyone else experienced this and perhaps have any ideas on how to possibly get things moving a bit quicker? The pc shop has sent the manufacturer emails requesitng an update on the job but to no real avail regarding ETA's or anything like that.

 

Thanks in advance to any assistance you can provide, im starting to get a little tired of doing all my computing on my 3 year old netbook lol.

Share this post


Link to post
Share on other sites

Yes the holiday period is a pretty rough time to be doing any RMA stuff. I would suggest you hold on as there is little that you can do. There is no doubt others are in the same boat.

 

My key advice would be to organise/keep all the correspondence you have had between yourself and the shop including reciepts and so forth. This is in the evnt things go pear shaped. In NSW at least consumer laws dictate that it is the SHOPS responsibility to replace your faulty card, and that it is the shops responsibility to then deal with the manufacturer. In other words the minute the shop has identified the faulty card they should have sent you a replacement or offered a refund.

 

Case in pont - In November I bought a ASUS GTX580 from MSY in Ultimo. Took it home and immediately noticed graphical corruption during BIOS loading and then in games. Took it back the next day. Shop tested it on the spot. It was faulty. I got a new card off the shelf. Thats the way it should be. If MSY had said "oh we have to now send it back to the manufactuere first" then that would have been illegal. Under the basics of contract law, when you purchase a product from a shop you are in fact contracting with the shop and not the manufacturer. Therefore it is the shop that is liable to the extent that any product does not do what it is supposed to do. The shop has in turn contracted with the manufacturer. They can then claim the cost of the faulty card back from their invoice with the manufactuer (or distributor). The practice of shifting the full responsibility of faults to the customer and the manufacturre is illegal and essentially removes the obligation of the seller (the shop) to provide working products.

 

What is interesting about my MSY example is that MSY were recently taken to the consumer trading tribunal in NSW because of their dodgy warranty practices - essentially saying that replacing a faulty product was not their responsibility and sending product back to the manufacturer/distributor. As the tribunal found this was illegal. The difference now at MSY is like night and day.

 

I would check the applicable consumer laws in the state in which you live. You could remind the store of their legal obligation to provide you with a new product or refund immediately upon proof the product is faulty (which is what they have acknowledged). You could make a cdomplaint to the relevant consumer body as well if you are not satisfied. To be honest having to wait a month for a new vidoe card would be annoying. And I would say is not acceptable (as I have already said it is actually illegal).

 

Note that consumer trading laws apply to online shops as well as normal street shops. If you need more specifics about the consumer bodies in your state let me know including any free community legal centres that deal with consumer matters.

Share this post


Link to post
Share on other sites

Yes the holiday period is a pretty rough time to be doing any RMA stuff. I would suggest you hold on as there is little that you can do. There is no doubt others are in the same boat.

 

My key advice would be to organise/keep all the correspondence you have had between yourself and the shop including reciepts and so forth. This is in the evnt things go pear shaped. In NSW at least consumer laws dictate that it is the SHOPS responsibility to replace your faulty card, and that it is the shops responsibility to then deal with the manufacturer. In other words the minute the shop has identified the faulty card they should have sent you a replacement or offered a refund.

 

Case in pont - In November I bought a ASUS GTX580 from MSY in Ultimo. Took it home and immediately noticed graphical corruption during BIOS loading and then in games. Took it back the next day. Shop tested it on the spot. It was faulty. I got a new card off the shelf. Thats the way it should be. If MSY had said "oh we have to now send it back to the manufactuere first" then that would have been illegal. Under the basics of contract law, when you purchase a product from a shop you are in fact contracting with the shop and not the manufacturer. Therefore it is the shop that is liable to the extent that any product does not do what it is supposed to do. The shop has in turn contracted with the manufacturer. They can then claim the cost of the faulty card back from their invoice with the manufactuer (or distributor). The practice of shifting the full responsibility of faults to the customer and the manufacturre is illegal and essentially removes the obligation of the seller (the shop) to provide working products.

 

What is interesting about my MSY example is that MSY were recently taken to the consumer trading tribunal in NSW because of their dodgy warranty practices - essentially saying that replacing a faulty product was not their responsibility and sending product back to the manufacturer/distributor. As the tribunal found this was illegal. The difference now at MSY is like night and day.

 

I would check the applicable consumer laws in the state in which you live. You could remind the store of their legal obligation to provide you with a new product or refund immediately upon proof the product is faulty (which is what they have acknowledged). You could make a cdomplaint to the relevant consumer body as well if you are not satisfied. To be honest having to wait a month for a new vidoe card would be annoying. And I would say is not acceptable (as I have already said it is actually illegal).

 

Note that consumer trading laws apply to online shops as well as normal street shops. If you need more specifics about the consumer bodies in your state let me know including any free community legal centres that deal with consumer matters.

 

Thanks for your detailed reply mate, I purchased the item from a store in VIC but im located in the ACT, so im assuming I would need to review the VIC consumer laws. I did forget to mention that the item has a 3 year warranty, but has decided to die after a little over 1 year. Unfortunately I dont have any written correspondence from the shop as they provided the info to me over the phone when I was chasing the item up. I think I might request a copy of the emails they sent to the manufacturer and ask them to call the manufacturer as the emails dont seem to be doing much good.

Share this post


Link to post
Share on other sites

to give you a less long winded answer, yes thats normal, I waited 5 weeks for a card that went into sapphire, 4 weeks for a motherboard into gigabyte, 6 weeks for another board into asus and theres a few that I am forgetting.

Share this post


Link to post
Share on other sites

Create an account or sign in to comment

You need to be a member in order to leave a comment

Create an account

Sign up for a new account in our community. It's easy!

Register a new account

Sign in

Already have an account? Sign in here.

Sign In Now
Sign in to follow this  

×