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Graphics RMA within warranty window; not entitled to a full refund?

Discussion in 'Hardware' started by Skiddywinks, 22 Feb 2016.

  1. Skiddywinks

    Skiddywinks Minimodder

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    Just been in contact with Scan and they want to offer me £103+VAT for my faulty R9 290 DirectCUII, since they have none in stock. Is that right? Can they do that? I was expecting an offer of equal money/performance, and it's either take the refund or get an R9 380 back instead (a significant downgrade).

    I'm honestly kind of shocked really. Is this standard practice?

    Sorry if this is the wrong place for this, it didn't fit under technical support in my opinion since it is not hardware support I needed.
     
  2. Gareth Halfacree

    Gareth Halfacree WIIGII! Lover of bit-tech Administrator Super Moderator Moderator

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    Under the Consumer Rights Act 2015 you're eligible for a full refund if the device is faulty but cannot be repaired or replaced for up to six months after purchase; longer than six months (and potentially longer than any manufacturer's warranty period, as the law allows for periods up to six years) and you're only eligible for a partial refund taking into account depreciation of the item and the use you've had of it.

    You can argue how much depreciation is fair, but Scan certainly doesn't have to give you a full refund by law. You can, however, reject the offer of a partial refund and insist that the faulty item is sent back to the manufacturer for repair or replacement; the manufacturer, though, could reject the item as beyond economic repair (BER) in which case you're back to the partial refund.
     
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  3. Vault-Tec

    Vault-Tec Green Plastic Watering Can

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    So they are offering you the lowest second hand price in the UK for a blower style 290?

    That bends, like a reed in the wind.
     
  4. Harlequin

    Harlequin Modder

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    have you contacted asus for a warranty clai#m?
     
  5. Vault-Tec

    Vault-Tec Green Plastic Watering Can

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    LOL how you joke.
     
  6. Harlequin

    Harlequin Modder

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    well I have asked the forum asus rep to pop in here - maybe he can take it from there
     
  7. Vault-Tec

    Vault-Tec Green Plastic Watering Can

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    I really hope so. I love Asus, I just hate their customer service. My wife sent her tablet back six times before it was finally fixed.
     
  8. Skiddywinks

    Skiddywinks Minimodder

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    Thanks Gaz, I've not been around for a long time but I'm glad to see you're still here!

    Yeh I expected as much. I was hoping the time they had was less than 6 months though. That seems... drastic.

    I'm not really arsed about the money, I just want the performance I bought. Unfortunately my only option is for them to contact their supplier, which they said can take up to 28 days. It's just really ****ing awful luck, since I am beginning Phase One training on 28th March, so it just looks like I might not even have a GPU before I leave. And I'm not taking an offer of less than half my money back, nor a significant downgrade, just so that I can have something. I'd only regret it in the long run.

    Thanks for the info and it just looks like I'm gonna have to grin and bear it, unfortunately.
     
  9. Skiddywinks

    Skiddywinks Minimodder

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    Honestly, I thought it would be quicker with Scan. Of course, they fail to mention they don't do a single 290 model any more, and I had to contact them to get an update on the RMA. It would have just sat their "Waiting to be picked" for God knows how long before (if at all) someone let me know they had no stock and asked what I wanted to do.
     
  10. Harlequin

    Harlequin Modder

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    Yup - welcome to online etailiers ; sadly they are all quite similar ; which is why I usually go direct if anything goes wrong unless the warranty is held with the etailer .

    so the card has a warranty - when did you buy it (and do you ofc have the invoice)
     
  11. Skiddywinks

    Skiddywinks Minimodder

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    I believe I bought it in April almost two years ago now. The warranty is either two or three years, depending on who you ask. I do not have a physical invoice, but I have the order still on file with scan.
     
  12. Gareth Halfacree

    Gareth Halfacree WIIGII! Lover of bit-tech Administrator Super Moderator Moderator

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    Like a bad smell, dude, like a bad smell.
    Sorry, I phrased that really badly. What I meant was:

    You buy the item in month 1.
    If it breaks in month 6 or less and the retailer can't fix or replace it, you're eligible for a full refund of the purchase price.
    If it breaks in month 7 or more and the retailer can't fix or replace it, you're only eligible for a partial refund.

    I didn't mean that the retailer can keep it sat on a shelf for six months while they make up their mind what they're going to do with it! There's no real time limit they can do that by law, but the old Sale of Goods Act used to require repair, replacement, or refund (partial or otherwise) within a 'reasonable period' and I'm confident the shiny new Consumer Rights Act will have the same requirement.
     
  13. mrbungle

    mrbungle Undercooked chicken giver

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    The thing that's crap is there is no consistency with how e-tailers deal with RMA's of discontinued cards.

    Few examples I can think of.

    My friend runs a 8800GT for 2 years and when it dies RMAs to ebuyer. They send him a spangly GTX 260! Paid next nothing for the 8800Gt originaly either as it was on a offer!

    Myself only recently had issues with a Powercolor PCS+ 290 (got oober cheap on a deal), at idle it would blackscreen, sooooooo annoying.
    Sent it back with this hard to replicate fault to Overclockers and though they could not replicate the fault in the short time they tested it (would oddly game fine was a low power clocks issue) they sent me a replacement.
    The replacement was a Asus matrix Platinum 290X, I presume some of the last 290 cards they had. Absolutely fantastic service as this was after about 9 months.

    Then you get people who are in the situation of the OP where they have a card in warranty and they get a partial refund which is not sufficient to buy a card of equal performance, which IMO is a unsatisfactory outcome.
     
  14. Vault-Tec

    Vault-Tec Green Plastic Watering Can

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    Yeah I have had some decent customer service from OCUK over the past couple of years too. Caseking really shook them up and sorted them out, and in the very odd situation where they don't resolve it quickly a post to the forum usually sorts it out :D
     
  15. Blogins

    Blogins Panda have Guns

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    Did you use a credit card to buy this card? If the answer is yes then the credit card company is equally liable for this fault under Section 75.
     
  16. wolfticket

    wolfticket Downwind from the bloodhounds

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    £103+VAT does feel extremely tight to me given the actual cost to replace the card.

    If you can't argue the case for better I'd be getting Scan to go through Asus in the hope of a repair or replacement though them, and if they won't trying to deal with Asus directly myself. Then, as above, credit card if it's an option.
     
  17. mark@scan

    mark@scan Product Manager

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    Hi,

    If you can drop me a PM with your RMA details I will look into it and make sure that everything being offered is correct.

    Regards
     
  18. Behemoth

    Behemoth Timelord in training

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    If it was bought before 01/10/2015 - CRA would notr apply and would fall under SGA.

    Taking into account useage and benefit of the item Scan can offer a partial refund - to give a full refund would be seen as betterment and the law does not allow people to be placed into a better position they were in.
     
  19. Surrender_Monkey

    Surrender_Monkey What's a Dremel?

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    Law sets the minimum conditions but this can be improved by contract. What do the exact warranty conditions say for Scan and the card manufacturer. If they are better then this applies. If not, then the law applies.

    I had a similar issue recently with some Razer headphones that my son owned. Amazon refused to even speak about it. Contacted Razer and they offered a replacement or an online voucher for the full invoice price including delivery costs. Job done.
     

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