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    • Post #415 you said you were unable to sell it yourself. Earlier I believe you said there had been expressions of interest, but only if the buyer could acquire the freehold title. I wonder if the situation with the existing freeholders is such that the property is really unattractive, in ways possibly not obvious to someone who also has an interest in and acts for the freeholders.
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    • Sars request sent on 16th March and also sent a complaint separately to Studio. Have received no response. Both letters were received and signed for.  I was also told by the financial ombudsman that studio were investigating but I've also had no response to that either.  The only thing Studio have sent me is a default notice.  Any ideas of what I can do from here please 
    • Thanks Bank - I shall tweak my draft and repost. And here's today's ridiculous email from the P2G 'Claims Dept' Good Morning,  Thank you for you email. Unfortunately we would be unable to pay the amount advised in your previous email.  When you placed the order, you were asked for the value of your parcel, you stated that the value was £265.00. At this stage the booking advised that you were covered to £20.00 and to enhance this to £260.00 you could pay an extra £13.99 + VAT to fully cover your item for loss or damage during transit, you declined to fully cover your item.  Towards the end of your booking on the confirmation page, you were then offered to take cover again, to which you declined again.  Unfortunately, we would be unable to offer you an enhanced payment on this occasion.  If I can assist further, please do let me know.  Kindest Regards Claims Team and my response Good Afternoon  Do you not understand the court cases of PENCHEV v P2G (225MC852) and SMIRNOVS v P2G (27MC729)? In both cases it was held by the courts that there was no need for additional ‘cover’ or ‘protection’ (or whatever you wish to call it) on top of the standard delivery charge, and P2G were required to pay up in full for both cases, which by then also included court costs and interest. I shall be including copies of both those judgements in the bundle I submit to the court next Wednesday 1 May, unless you settle my claim (£274.10) in full before then. Tick tock…..    
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Faulty Graphics Card


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I feel this situation is going to evolve into something more complicated, so I figured I'd get a thread 'set up' for me to log the future occurences.

 

I built a computer for my friend around May last year. We sourced the parts off eBuyer and have had no problems up until now. He cannot get past the staurt-up (POST) screen when he turns his computer on, only getting a series of beeps from the computer. A little research suggests these beeps mean there is a problem with the graphics card.

I'm nipping up later today to swap the card out for mine to see if that makes a difference. If it does, we have a faulty graphics card.

 

I've just been browsing the eBuyer website and forums to get an idea of how the company may handle an 'out of warranty' product, and what I found doesn't look very promising.

The company only mention what to do if your product in it's warranty period is faulty - and even then advise you go straight to the manufacturer! :eek:

 

Items Faulty in Warranty Period

If any of your purchases develop a fault, and it's more than 28 calendar days since receipt, then provided your item is within its warranty period, you are entitled to a warranty repair. In some cases, manufacturers provide a specialist full on-site service and/or telephone help facilities for your convenience which we recommend you use in order to correct the fault quickly.

Reading the forums suggest the company take the stance that they only have to offer a 12 months warranty (unless otherwise stated), and if a product is out of this period, they are in no way liable to help.

 

My understanding is:

A warranty is simply an extension to ones statutory rights and does not replace it. A product should last what is deemed as a reasonable amount of time (up to 6 years in an English court), and I'm sure you'll agree, 14 months is not for a graphics card. My friend's contract is with eBuyer and going direct to the manufacturer will void any rights as stated in SOGA. Please correct me with any of those if I am wrong - after all, that is why I'm here :D. I just want to get my facts right before I get in touch with eBuyer.

 

Assuming eBuyer do refuse to help, which I'll update on later, I understand the onus is on the buyer to prove the product was inherently faulty, by means of an independant engineers report? If this is the route we have to take, is it likely to go to small claims court?

 

Many thanks,

Stuart

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What they are saying is go to the manufacturer for advice/diagnostics NOT for repair.

 

IMO both sentances are separate statements.

 

Maybe I interpreted it wrong, but I guess that statement is irrelevant anyway as it regards products that are still within their warranty period.

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It's a difficult subject this ... I have been building PC's for years so I count myself an expert in this field however...

 

I have in the past actually voided someones warranty before it even hit the manufacturer (on the specific part). This part was like yours, a graphics card.

 

While it IS supposed to last for years and years - there are a whole number of factors to consider.

 

Did your client overclock it?

 

Did it cook because of not enough ventilation?

 

Was it built badly so that it shorted out (no offence to you but I have seen some shoddy builds and others where its perfect bar a few silly mistakes).

 

Was it on a 100% benchmark style program/game for days on end?

 

 

These would obviously shorten the life of the card and in some cases, die before it should.

 

Problem is, how do you prove this and how do they prove otherwise.... I suppose this is the issue.

 

I am curious on the problem though - you say it does not go past the POST screen...does it actually display then? My exp. is that if the graphics is dead, it's not going to show anything period. But it can do what it does in your case.

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It isn't overclocked, has plenty of ventilation, isn't badly built (if I may say so myself) and wasn't used excessively.

 

The problem, if it makes a difference, is 1 long beep followed by 3 short beeps (Award BIOS). There is no output at all to the monitor. This points to a video error but I have since swapped it out for an almost identical (working) card with no success. I have also tried both cards in the adjacent, spare slot.

One of the sources on the Internet suggests that if the video card isn't at fault, the problem is likely to lie with the motherboard.

 

I have just come off the phone with eBuyer, and the conversation went along the lines of 'Oh, sorry, you're out of the 12 month warranty so there's nothing we can do.' After mentioning SOGA she advised she would pass it on to another department and get back to me...

 

Thanks for the replies ;)

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You're way better off writing to them - there's proof then, rather than a verbal conversation.

The above post constitutes my personal opinion on the facts in the post compared with my personal knowledge of the applicable legislation. I make no guarantees of its legal accuracy. If you are in doubt seek advice of a legal professional specialising in the area concerned.

 

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Adjacent slot sounds interesting, is it crossfire or SLi and who is the mobo manufacturer?

You have the right to food money.

If you don't mind a little investigation, humiliation, and if you cross your fingers rehabilitation..............

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It supports an SLi setup but just one graphics card is used. It is an Asus P5N-E. The computer has been working for over a year, so it is not a change in setup that has affected it's functionality.

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eBuyer wouldn't help as they mentioned a 12 months warranty. If there is a 3 year warranty on the motherboard, wouldn't going to the manufacturer directs 'break' my contract with eBuyer and void my rights under the SOGA? :confused:

Thanks for the reply 8-)

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Toulose LeDebt, many thanks for your reply. The Asus website does indeed state that motherboard do come with a 3-year warranty. However, it then states that you should contact the re-seller to sort out a repair. So... back to eBuyer and state there is a 3 year warranty period and not a 12-month one?

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If your Graphics card is one that requires a 12v PCI-e direct supply I would check with a multimeter (or a car tester screwdriver thingy) if possible if it is receiving the power. (Mine is an Asus P5Q-Pro and I've two HD4870's in crossfire. The mobo has two PCI-e power outlets and the card came with splitters but I run the cards directly off separate 12v rails from the psu because I didn't want the amperage through the mobo as it needs 4 supplies altogether). If the card is getting the 12v then I'd send the mobo back to Asus under warranty. If not then try plugging the cards PCI-e connection directly into a molex first and see if that powers the card up.

You have the right to food money.

If you don't mind a little investigation, humiliation, and if you cross your fingers rehabilitation..............

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Toulose LeDebt, many thanks for your reply. The Asus website does indeed state that motherboard do come with a 3-year warranty. However, it then states that you should contact the re-seller to sort out a repair. So... back to eBuyer and state there is a 3 year warranty period and not a 12-month one?

 

eBuyer wouldn't help as they mentioned a 12 months warranty. If there is a 3 year warranty on the motherboard, wouldn't going to the manufacturer directs 'break' my contract with eBuyer and void my rights under the SOGA? :confused:

Thanks for the reply 8-)

Yes, it may do. The contract is with the retailer and they are responsible to ensure the goods conform to contract for a reasonable time (which can't be over 6 yrs), if the fault was present when purchased (i.e. not down to wear, or misuse).

 

The fact Asus warrant the board for three years indicates it should last at least that long to a reasonable person.

The above post constitutes my personal opinion on the facts in the post compared with my personal knowledge of the applicable legislation. I make no guarantees of its legal accuracy. If you are in doubt seek advice of a legal professional specialising in the area concerned.

 

If my post has helped you please click my scales!

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Toulose LeDebt, many thanks for your reply. The Asus website does indeed state that motherboard do come with a 3-year warranty. However, it then states that you should contact the re-seller to sort out a repair. So... back to eBuyer and state there is a 3 year warranty period and not a 12-month one?

 

You're welcome and : Most definitely. To be fair once ebuyer are made aware it is an asus mobo problem they will probably change their tune but just check your power supplies to the card first especially if its plugged directly into the loom.

You have the right to food money.

If you don't mind a little investigation, humiliation, and if you cross your fingers rehabilitation..............

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If your Graphics card is one that requires a 12v PCI-e direct supply I would check with a multimeter (or a car tester screwdriver thingy) if possible if it is receiving the power. (Mine is an Asus P5Q-Pro and I've two HD4870's in crossfire. The mobo has two PCI-e power outlets and the card came with splitters but I run the cards directly off separate 12v rails from the psu because I didn't want the amperage through the mobo as it needs 4 supplies altogether). If the card is getting the 12v then I'd send the mobo back to Asus under warranty. If not then try plugging the cards PCI-e connection directly into a molex first and see if that powers the card up.

My X1650 is solely powered through the PCI-E bus... it depends on the card. But most modern PSUs (especially over 500 W) will handle the load of 2 cards in SLI/Crossfire.

The above post constitutes my personal opinion on the facts in the post compared with my personal knowledge of the applicable legislation. I make no guarantees of its legal accuracy. If you are in doubt seek advice of a legal professional specialising in the area concerned.

 

If my post has helped you please click my scales!

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My X1650 is solely powered through the PCI-E bus... it depends on the card. But most modern PSUs (especially over 500 W) will handle the load of 2 cards in SLI/Crossfire.

 

it's not the PSU I'm worried about in mine (800W thermaltake toughpower) it's the fact that each card needs two 75W 6 pin PCI-E supplies which at 12v means there's a current of 25 Amps running through the pcb copper. I'm sure it can take it as it is designed to provide power to these types of card but it seemed a bit much to me. The HD Radeons and GT260-80's are very, very juicy even in idle.

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If you don't mind a little investigation, humiliation, and if you cross your fingers rehabilitation..............

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Quick update :)

Rang back eBuyer to inform them of the 3 year warranty that comes as standard with Asus motherboards.

"We only deal with the first 12-months, then it is the manufacturer's responsibility."

Surely it should still be eBuyer I go to, as the contract is with them and all of that? I think my friend is going to see what Asus say anyway as eBuyer are being anything but helpful.

Thanks for the replies.

 

Checked the 6-pin 12v supply to the graphics card by the way, and there are no problems there.

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Another update for those that are interested in following.

 

I drew up an email and sent it to eBuyer straight after they told me on the phone to go to the manufacturer. I basically said [my friend] was happy to get an independent engineer's report done on the motherboard if they so wanted. I quoted parts of the sale of goods act including the part about the contract existing between the seller and the buyer. We got the following response:

 

Firstly, please accept our apologies for the inconvenience and annoyance

which this matter has caused you. Ebuyer UK Ltd strives on customer

satisfaction and this is important as the company continues to move

forwards.

 

On viewing your order I can confirm that Ebuyer UK Ltd holds 12 months

warranty for your item, any further warranty is held with the

manufacturer. We would therefore ask that you contact the manufacture

directly. I can also confirm that as per the Sales of Goods Act 1979 (as

amended) you are able to have the item repaired or replaced up to 6

years. However, this only applies if you are able to provide proof that

the item was purchased with an inherent fault or that the fault occurred

is due to a manufacturing defect.

 

Again, we apologise for the inconvenience and

annoyance which this

matter has caused you and we are sorry that we are unable to accommodate

your request on this occasion.

 

 

So a dead end there... Parallel to this, though, we phoned eBuyer stating Asus had taken us round in circles and were unwilling to accept it for repair, and after the woman spoke to the 'returns manager', she said they will accept it for repair and will pick it up in a couple of days. :)

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next time try quoting eu directive 1999/44/ec and watch them try to claim it doesnt apply

 

article 5 i think is the appropriate one

 

Article 5

Time limits

1. The seller shall be held liable under Article 3 where the lack of conformity becomes apparent within two years as from delivery of the goods. If, under national legislation, the rights laid down in Article 3(2) are subject to a limitation period, that period shall not expire within a period of two years from the time of delivery.

 

 

so point out that the directive says "the seller" not the manufacturer

Edited by labrat

Please note:

 

  • I am employed in the IT sector of a high street retail chain but am not posting in any official capacity,so therefore any comments,suggestions or opinions are expressly personal ones and should not be viewed as an endorsement or with agreement of any company.
  • i am not legal trained in any form.
  • I have many experiences in life and do often use these in my posts

if ive been helpful kick my scales, if ive been unhelpful kick the scales of the person more helpful :eek:

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I've never come across that piece of legislation before - so thanks for that! :)

Just out of curiosity, article 5 states that "the seller shall be held liable where lack of conformity becomes apparent within 2 years as from the delivery of goods."

Who becomes liable outside of these two years?

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i would disregard what ive said ive been reading more into the actual article. although it states that there is a minimum of two years to show lack of conformity i think its been overtaken by our sale of goods act.

 

sorry theres been a lot of hype on the internet about this peice of regulation but from reading into it its so wideranging and can be read so many differnt ways that its not worth the paper its printed on

Please note:

 

  • I am employed in the IT sector of a high street retail chain but am not posting in any official capacity,so therefore any comments,suggestions or opinions are expressly personal ones and should not be viewed as an endorsement or with agreement of any company.
  • i am not legal trained in any form.
  • I have many experiences in life and do often use these in my posts

if ive been helpful kick my scales, if ive been unhelpful kick the scales of the person more helpful :eek:

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after the woman spoke to the 'returns manager', she said they will accept it for repair and will pick it up in a couple of days. :)

 

 

Result!!! Well done. Possibly complicated by the fact that they don't stock the exact model any more but the general understanding seems to be that if you purchase an Asus mobo you have a 3 year warranty and it is the retailer who will uphold this warranty. Sooner or later all the retailers will come to accept this. They will not repair it of course just send you another one and the old one back to Asus for a credit, had similar problems with Eclipse, Microdirect and Watford electronics (as was) in the past. Can't understand why they would pretend not to know their liability.;)

You have the right to food money.

If you don't mind a little investigation, humiliation, and if you cross your fingers rehabilitation..............

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