Graphics Card Overheated

[Styphon]

Hello everyone. I'm trying to get some advice on my legal rights regarding to a graphics card overheating and a component on the board melting.

 

I have had a XFX GeForce 9800GT purchased from Scan.co.uk on 29/08/2008. The card has a 2 year warranty on it. I have sent an e-mail to Scan.co.uk requesting a copy of the warranty.

 

I bought a new game, Blood Bowl, for my PC. 10 minutes into my first game my PC turned off and wouldn't turn back on. I opened it up and found that it was very hot inside. Checking the graphics card I could feel unusually high levels of heat radiating from the card. I decided to leave it overnight to cool. The next morning I tried to switch my PC back on with no joy (the PC fans would cycle for all of half a second before it powered off). I took the computer apart to try and find the problem. As I pulled the card out I noticed one of the plastic components had melted.

 

I contacted XFX, the manufacturer, and Scan.co.uk, the retailer. XFX quickly responded telling me I had to deal with Scan.co.uk as they were responsible for any warranty.

 

I sent the item back to Scan using their returns procedure. They received the card and identified the card as damaged. Through their system they sent me an automated e-mail telling me they had Rejected the warranty based on the card being damaged. I phoned them up and an operator told me not to worry, it was standard for this to be done. The card would be sent back to the manufacturer for annalysis and that they would replace the card.

 

I thought nothing of it until a few days later (today) I received an e-mail from Scan.co.uk. I have pasted the e-mail below:

 

Mr T,

 

Hi, I have been advised that we require you to sign the following form as we are returning the item to the manufacturer, please print and sign the item and either email us the item or post it to us to the usual scan returns address putting your RMA number on the form.

 

 

Warranty Void / Physical Damage / Out of Warranty

 

Date:____/____/20____

Invoice_________RMA___________OLQ_____________

Product_______________________SCIL______________

 

Dear Sir/Madam,

 

This is to confirm that the recent return of your goods has resulted in one or more items being deemed *warranty void / physically damaged / out of warranty.

 

As such Scan Computers cannot take any further direct action in providing a replacement unit at this time. Normal procedures would leave us with no alternative but to reject your warranty and take no further action.

 

However, as a company with a high priority in Customer Service it has been agreed with a line manager to return the item directly to the relevant manufacturer on your behalf in an attempt to source a replacement.

 

In doing so we have to make clear this is NOT an acceptance of fault or guarantee that we will be successful in obtaining a replacement for you, we will try our best for you, acting above and beyond our normal operating procedures, we will do this as quickly and as swiftly as we possible can, however, no timeframe can be guaranteed.

 

As such we need you to sign the agreement form below, which acts as your acceptance to this action.

 

*Delete as appropriate

 

 

Customer Name________________________Inv No.__________________

 

I confirm that I agree to the above action being taken by Scan Computers, I understand this action is NOT a guarantee that Scan Computers will be successful in obtaining a replacement and I agree no guaranteed timeframe for this action can be given, however, I understand you will work to resolve this as quickly as possible

 

Signed (Customer)____________________________Date____/____/20____

Print Name__________________________________

 

Authorised by (SCAN)_________________________Date____/____/20____

Print Name__________________________________

 

 

Michael W

Scan Computers

 

The set of characters in the subject uniquely identifies your query. When replying to this email please ensure that these characters remain unaltered.

 

This message is entirely the creation of its author in his or her personal capacity and any views expressed in this message are the views of that author. Accordingly, Scan Computers Intl Ltd shall not be nor become liable in any way, whether contractually, tortuously or otherwise, in respect of anything stated or depicted in this message. Please also note that this message shall not constitute an offer or an acceptance or be legally binding upon Scan Computers Intl Ltd in any way.

 

To me this looks like I am releasing Scan.co.uk of their obligations to replace the card under warranty. Needless to say I haven't signed this yet.

 

I'm asking where do I stand with this? Should I sign this waver? Even if the card is physically damaged do they have to replace the card?

 

NOTE: Just as I was typing this I have received a response to my query for a full copy of the warranty:

Mr T,

 

Hi

 

Further to your mail, warranty covers faulty items. Damage to any item is not covered under warranty, in this situation we have to have a disclaimer signed so we can send the item to the manufacturer for them to check it and maybe repair the item.

 

As it is physically damaged there is no guarantee for a repair hence having the disclaimer signed.

 

Regards

It appears they are doing everything they can not to give me the full warranty for me to read through. I cannot find it anywhere on their site. Are they obligated to give me a copy of the warranty at my request?

 

Thanks in advance,

Tony.

Edited July 6, 2009 by Styphon

[Conniff]

If that's your real name on the email Styphon, edit it and delete your name.

[Styphon]

If that's your real name on the email Styphon, edit it and delete your name.

It was and I have.

[Conniff]

I can't find any mention on their site of the 2 year warranty, is that the warranty that was included in the box with the card?

[Styphon]

I can't find any mention on their site of the 2 year warranty, is that the warranty that was included in the box with the card?

No, I actually thought it was a year but when I asked for the warranty information by e-mail I was told it was 2 years.

[Styphon]

Can anyone offer me some advice on where I stand with this?

[Conniff]

Just to be certain that we have the correct information.

 

What motherboard do you have?

 

Have you overclocked the card?

Edited July 9, 2009 by Conniff

[Styphon]

Asus P5N-E SLi. Purchased on the same date (my whole system was).

 

No, I've never overclocked any part of this system. It's been running at stock from day 1.

[Conniff]

I assume they are talking about physical damage. Have your got the card back again as you will need it.

 

After the first six months of ownership, the sale of good act says that it is up to you to show there is an inherent fault with it.

You take it to an independent engineer for a report and confirmation that it is damaged by an electrical fault, (they might charge you for this).

A copy of that report should be sent to Scan Computers with the card and mentioning the SOGA, ask them to repair or replace.

 

Don't sign that email they sent you although it is unlawful to try and get someone to sign away their rights and could land them in trouble.

 

Any fee payable for the report will be reclaimable from Scan.

 

Just read your original post again

 

What physical damage are they talking about?

[Styphon]

They still have the card. They want to return it to XFX to see if XFX will replace it as a faulty component. They want me to sign the waiver before they will send it to XFX.

 

The damage is the melted component on the board.

[Conniff]

Well that's not physical damage, that was caused by the electrical fault on it.

 

They have to return it to you as it is your property and then you can get it checked yourself before returning it.

 

You could let them know that you wont sign away any rights and that under soga they either repair or replace or return it to you.

[Styphon]

Just trying to see where this is going. If there is a proven fault with the card then they have to replace it? If I sign that waver am I releasing them of their obligation to replace the card under warranty? I would like to have them return the card to XFX first to see if XFX will replace it, but if XFX won't I want to know what I can do about it. I don't want to have to deal with this myself if XFX will replace the card (apparently in 95% of cases they do).

[Conniff]

Your not looking at the warranty here as you haven't got a copy of it so you don't know what it contains.

 

The sale of goods act give you certain rights up to six years after purchase and covers you for goods not of satisfactory quality.

 

If you could ask again for a copy of the warranty that would be good and it will 'not' preclude any further action under soga which is your main recourse of action.

 

Normal procedures would leave us with no alternative but to reject your warranty and take no further action.

 

Lets forget all the rest. Write that you are not proceeding under the warranty but under soga and request they either replace or repair.

[Renzokuken]

XFX are a pretty reputable company, obviously going around scan isn't a good idea as you lose some of your rights under the SOGA, but saying that, if you are stuck and you mention to them that scan are making you jump through hoops I'm sure they'd be willing to do something.

 

Most of the enthusiast PC companies rely heavily on word of mouth and good reviews to promote their business so their customer services tend to be quite flexible.

 

Here's a copy of your warantee, for all xfx Geforce 9 series cards

 

WARRANTY INFORMATION

 

XFX warrants that the Product shall conform to and perform in accordance with published technical specifications and the accompanying written materials, and shall be free of defects in materials and workmanship. XFX does not sell its Product directly to the consumer therefore the warranty for XFX Products remains the responsibility of your reseller where you purchased the Product.

 

This warranty offered by XFX to its Resellers is limited to the repair and/or replacement, at XFXs discretion, of defective or nonconforming Product, and XFX shall not be responsible for the failure of the Product to perform specified functions, or any other non- conformance caused by or attributable to: (a) any misapplication, modification or misuse of the Product; (b) failure of Customer to adhere to any of XFXs specifications or instructions; © neglect of, abuse of, or accident to, the Product; or (d) any associated or complementary equipment or software not furnished by XFX.

 

Should you experience any difficulty obtaining a fair and proper warranty service from any of our Resellers please do not hesitate to contact us via the Support Ticketing System where we will do our best to help you.

 

LIMITATION OF LIABILITY

EXCEPT AS EXPRESSLY PROVIDED HEREIN, XFX MAKES NO WARRANTY OF ANY KIND, EXPRESSED OR IMPLIED, WITH RESPECT TO ANY EQUIPMENT, PARTS OR SERVICES PROVIDED PURSUANT TO THIS AGREEMENT, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. NEITHER XFX OR ITS DEALER SHALL BE LIABLE FOR ANY OTHER DAMAGES, INCLUDING BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, WHETHER IN AN ACTION IN CONTRACT OR TORT (INCLUDING NEGLIGENCE AND STRICT LIABILITY), SUCH AS, BUT NOT LIMITED TO, LOSS OF ANTICIPATED PROFITS OR BENEFITS RESULTING FROM, OR ARISING OUT OF, OR IN CONNECTION WITH THE USE OF FURNISHING OF EQUIPMENT, PARTS OR SERVICES HEREUNDER OR THE PERFORMANCE, USE OR INABILITY TO USE THE SAME, EVEN IF XFX OR ITS DEALER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL XFX OR ITS DEALERS TOTAL LIABILITY EXCEED THE PRICE PAID FOR THE PRODUCT.

 

Where dictated by State Law, some of the above exclusions or limitations may not be applicable in some states. This warranty provides specific legal rights; other rights that vary from state to state may also exist. This warranty shall not be applicable to the extent that any Federal, State or Municipal Law that cannot be preempted prohibits any provision of this warranty. HARDWARE PRODUCT WARRANTY DETAILS

WARRANTY PERIOD: XFX warranties hardware Product for a period of one (1) year from purchase from an authorised XFX reseller (proof of purchase will be required). WARRANTY PROCEDURE: Upon return of the hardware Product XFX will, at its option, repair or replace Product at no additional charge, freight prepaid, except as set forth below. Repair parts and replacement Product will be furnished on an exchange basis and will be either reconditioned or new. All replaced Product and parts become the property of XFX. If XFX determines that the Product is not under warranty, it will, at the Customers option, repair the Product using current XFX standard rates for parts and labor, and return the Product UPS Ground at no charge in or out of warranty.

 

So basicly, so long as you've kept it ventalated, didn't overclock it, modify it, or liquid cool it, your fine.

[Styphon]

Your not looking at the warranty here as you haven't got a copy of it so you don't know what it contains.

 

The sale of goods act give you certain rights up to six years after purchase and covers you for goods not of satisfactory quality.

 

If you could ask again for a copy of the warranty that would be good and it will 'not' preclude any further action under soga which is your main recourse of action.

 

 

 

Lets forget all the rest. Write that you are not proceeding under the warranty but under soga and request they either replace or repair.

 

But isn't that as good as signing the waver anyway? In which case wouldn't it be better to sign the waver, see if XFX will replace the card. If they do all is good. If not then proceed to have the card replaced under SOGA?

[Conniff]

They have already rejected it under warranty and are just asking that you agree it is physically damaged and that they have no further committment under warranty.

 

It isn't damaged except electrically by the fault.

[Styphon]

OK, so if I sign that form and have them send it off to XFX and XFX fail to replace it I can still ask them to replace it at a later date under SOGA?

[Conniff]

Yes it that's the way to go. Anything you sign cannot take away your rights under soga.

 

Thanks for the warranty Renz.

[Styphon]

Awesome, thanks for the info. I'll post back later with how I get on.

[Conniff]

Please do even if all turns out well as others can read how you got on and it will help them.

 

You never know, this may have been a bad batch of condensers (or whatever) and they have had a few returned with the same problem.

[Turtle1000]

OK, so if I sign that form and have them send it off to XFX and XFX fail to replace it I can still ask them to replace it at a later date under SOGA?

I can't say I would agree this is the correct route. My reasoning would be that you are not concerned with the approach to how Scan correct the problem. Your contract is with Scan not the manufacturer.

 

I take real issue with the wording of the form they sent you, particularly;

As such Scan Computers cannot take any further direct action in providing a replacement unit at this time. Normal procedures would leave us with no alternative but to reject your warranty and take no further action.

 

However, as a company with a high priority in Customer Service it has been agreed with a line manager to return the item directly to the relevant manufacturer on your behalf in an attempt to source a replacement.

This is implying that Scan have no responsibility in the matter other than offering you a goodwill gesture of sending the item for you. They want you to sign the form in agreement - whether the form is enforcable or not, if you sign they will use it as leverage that you were in agreement with them at the time.

 

The other way to look at this form is the options for you to confirm;

 

 

 

This is to confirm that the recent return of your goods has resulted in one or more items being deemed *warranty void / physically damaged / out of warranty

• Warranty void. That is there opinion, not yours and for them to confirm or demonstrate.
  
• Physically Damaged. What is the definition? That the card is 'physically damaged' as in resultant from an impact or mis-use. Or that the card is 'damaged' as in resultant from a latent defect. You are of the latter opinion, but I bet they want an admission of the former.
  
• Out of Warranty. They have already demonstrated to you that this is not the case.
  

So what exactly are they looking for you to confirm in this form? Think about it. The only thing you could confirm is Physical Damage and admitting that would wipe your SOGA rights out with the admission as no definition is attached to the term.

 

This is just wrong. It is Scans responsibility. I do not believe an engineers report is even needed. The evidence is there already - a melted component on the card. This 'damage' you have reported appears to be perceived as or being co-erced as by Scan as 'physical damage' (impact/misuse) - rather than from a fault on the card (defect/premature component failure).

 

- By not signing the form, what are Scan going to do? They can't just say 'well tough luck'. You are not detrimenting yourself in any way.

- By signing the form you are agreeing with Scan that the warranty does not apply and cutting that option off as an added extra to your statutory rights - and possibly admitting damage beyond the responsibility of either Scan or the OEM.

[Styphon]

Now you see that's what I was asking. If I sign that form am I waving my rights under SOGA to have it replaced as it's not even a year old? I got the answer that this form in no way affects my statutory rights under SOGA.

 

They say the warranty doesn't apply to physical damage of any kind, so signing off that I agree they don't have to replace it under warranty shouldn't affect my rights under SOGA, correct?

[Turtle1000]

The problem as I see it, is that if you sign the form stating warranty is not valid due to Physical Damage, then Scan can claim you have acknowledged/admitted that the card has been subjected to Physical Damage from misuse (or use beyond its design parameters).

 

This is in opposition to the true problem that the card has become damaged due to a pre-existing fault/latent defect that was present when you purchased it.

 

Now if this was restricted to the warranty only, then all well and good, but what happens when you try to enforce your stat. rights and they present the admission of physical damage, as signed by you. SOGA wont cover you where physical damage is concerned, whether intended or accidental.

 

You need to go back to Scan and request them to send a copy of the warranty conditions. This is not so much as to see whats in them, but to give you a little more leverage if they continue to deny their responsibility.

For example, if this went to court, it would not look so good for Scan if you can demonstrate they refused to even supply you details of something you are legally entitled to. I can even see an angle there for claim of breach for Scan not supplying you with the product you purchased. i.e. the warranty itself.

 

As Conniff has said. Don't sign the waiver - you are under no obligation to do so. And if they refuse to supply a copy of the warranty (or even if you get a copy and it turns out to be pants) ask them to repair or replace under SOGA. If they then go on to deny you any action, they are committing a criminal offense due to denying you of your statutory rights.

 

As I said previously, your proof that the board had a defect is already in place. In the form of a visible burnt out (melted) component and a board that will not function after 1 years standard use. An engineers report will only say the same thing. You have demonstrated the board to be defective and the onus has now shifted to the supplier to demonstrate to the contrary or R/R/R. If Scan want to go back to the manufacturer, that is their call and should not involve you except for the courtesy of letting you know what they are doing.

 

If you end up having to get an engineers report done, in order to move things forward, then you need to be reimbursed for it by Scan.

 

Despite what they would have you believe in their form, anything they get out of the manufacturer is to their benefit - not yours. If they manage to get a new card or a certified repair, then everyone might be happy. But if the manufacturer comes back and says no dice, then it is still up to Scan to put things right. And above all, they don't need you to sign a waiver to send that card to the manufacturer. The purpose of that form is suspicious at best!

[Styphon]

Unfortunately I'd already signed the waver and sent it off before I received your first message. I guess we'll just have to see where it goes from here.

[Conniff]

So what exactly are they looking for you to confirm in this form? Think about it. The only thing you could confirm is Physical Damage and admitting that would wipe your SOGA rights out with the admission as no definition is attached to the term.

 

Your rights under the Sale of Goods Act cannot be "excluded, over-ridden or taken away". You cannot even sign a waiver to reduce your rights, the regulations will not accept it and any waiver will have no meaning in law, you cannot lose your rights under SOGA.

 

This is why all these terms and conditions are just gobbledy gook. What ever they say, tell you you can or can't do, they know it is all rubbish because they wipe out their T&Cs by saying 'Your statutory rights are not affected'.

 

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Edited July 9, 2009 by Conniff