Graphics Consumer Advice Needed - Faulty graphics card.

Hi guys,

At the end of last month (30th) I purchased a new MSI 280x Twin Frozr from one of the bit-tech partners. It arrived on the 31st and straight out of the box, the fan speeds were stuck on 100% even during post/bios/idle. I tested it in various different systems to see if it was another problem, or the card itself as well as performing all the other tasks advised by the company I purchased it off.

On the 3rd an RMA was opened and I was told they would send a courier to pick up the card. The original courier date had to be cancelled by myself as I was unable to be around when they were due to pickup - so I set a new date for the 17th, which was agreed with by the company.

They have now received the card, and it has gone to be tested - but they have rejected the card as "The serial number sticker on the back has been removed". The card only had 1 little sticker on the back over one of the gpu fan screws when it arrived and this was still in place when it left me.

I have asked for a refund but they have told me that "the MSI warranty is void" so they will not give me a refund.

They have sent me a form that basically absolves my rights as a consumer that if I sign, they will endeavour to send me card to MSI and see if they will do anything.

I've told them I'm not going to sign this, as the card was Dead On Arrival and as such is their problem, not MSI's. I'm not going to give up my rights as a consumer just because they are placing the blame on me.

Does anyone know my rights in regard to this?

Thanks in advance for any reply,

Nubb

 

May I ask who this "partner" was?

That seems like a total con, and that they have perhaps had the card back before, taken the label off as it was faulty and then pawned it off on you in an attempt to still get some cash out of it. That way, it's "not our fault" but now it's "your fault" as the label is missing, because you can never prove it wasn't there in the first place.

 

This is my point exactly...

I'd rather get a few more opinions on my actual rights before I publicly mention the companies name. But it does seem like a massive con to me, and could end up with me being £210 out of pocket and without a working graphics card...

 

Not an answer to your question but I tend to photograph anything I RMA as I have had the odd company try it on. But when I tell them I have the photos then a junior staff member is blamed or some such excuse and the RMA goes through.

 

sale of goods act - as the card is under 6 months old , they have to prove the card was perfectly adequate , sticker or not.

 

So what would be my next action? So far I've only spoken to them on live help - I'm going to call them later but I'd like to get my facts straight in regards to my rights prior to speaking to them.

 

Did you pay on a credit card? I find the merest mention of a chargeback and retailers start moving in the right direction.

 

Unfortunately I paid via debit card so as far as I know then I can only charge back upto £100.

 

Turns out I actually paid by paypal, as I had forgotten my bankcard that day.

Will I be able to just get a refund by paypal if I don't get it sorted by the company?

 

Threaten PayPal buyer protection and see where you get

 

^ that. PayPal side with the buyer 99.9% of the time, regardless of the sellers situation.

 

Good move, PayPal might be an arse as a seller but it's pretty handy for buyers.

 

If only there were a thread to cover such instances!

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I did read this thread you suggested, prior to making my post - but it doesn't really give me the answer to my specific set of circumstances.

Thanks though, might help future people who come across this page via google.

 

Make it clear you're claiming under the Sale of Goods Act so the warranty is irrelevant.

Good for you. I know of only one company that does this! Can you post a picture of this form please?

Read my signature thread for some helpful letter templates when using the Sale of Goods Act. Otherwise, by all means pursue a dispute with PayPal. Keep us posted though!

 

Intrigued as to what company this is but I have a sneaky suspicion...

Kudos for not mentioning it though.

 

Curious to read what letter Nubble was sent. I recall reading a version used a few months ago requesting the customer pay £25 + VAT for the company to resolve the issue. Again that was a letter asking the customer to declare the 'warranty void'!

 

Thats the form, I've taken out the company name though and their logo. Although it doesn't specifically say that signing it will void my consumer rights, its basically saying they dont have any responsibility towards me and that I'm fine with that.

Well I spoke to the representative on the phone, told them my rights and that I wanted a refund. Complained that I wasn't very happy with the level of customer service I was receiving (this company is proud to have good customer service levels apparently) and he told me that they were giving me good levels of customer services because they were offering to send back to MSI if I signed the form. I replied that no, bare minimum customer service is following the consumer laws we have in this country.

After a while he /spoke to his manager/ and I have now been informed that I don't have to sign the above form, and that it may still take 2-4weeks to hear back from MSI.

Couldn't really put my case forward anymore so had to just agree for them to do that really :/

I have since opened up a paypal dispute though, as you need to do it within 45days of purchase and I didn't want the company to win out due to time.

They have 20 days to sort it out before it actually becomes a claim, hopefully they will get it sorted sooner!

 

Should still send an e-mail stating your claim under the Sale of Goods Act so it's established in a 'durable' medium!

Thanks for posting the form. See they removed the £25 + VAT charge! That'll be due to the new Consumer Rights Directive that replaces the Distance Selling Regulations. Good luck with the claim. I avoid this retailer like the plague these days and I'm guessing you will as well!

 

Have to say I don't really see why a company using such tactics should not be named and shamed especially as this forum is largely about help and advice, I certainly would not use them if I knew this was their attitude when things go wrong