Replacement for faulty graphics card

[sdmilne]

The company that I bought a prebuilt computer from last summer have determined after much back and forward correspondence that the graphics card is faulty and should be replaced under warranty. I have enquired about having it replaced with a different card from the same manufacturer.

 

Now, this is a card that is both newer and superior to the one I currently have. It is however, at worst, of equal value to my current card as of today and I know for a fact it is of considerably lesser monetary value than my card was at the time of purchase. They currently include it as standard in computers several hundred pounds cheaper than mine was. Despite this, they describe it as "an upgrade they will need to discuss". This to me implies they will want money for it to make up a difference in price that doesn't exist.

 

Am I entitled to have this as my replacement item? If anything it is technically me who will be out of pocket, not them.

[renegadeimp]

Like for like replacement.

[JoeyJoeC]

Only has to be the same specifications or better. Otherwise people could just short out components every year for a free upgrade.

[sdmilne]

So I would need to pay to "upgrade" even though it is a cheaper part and technically I'd be the one out of pocket? On what basis will they determine the imaginary extra amount I need to give them then?

[GrumpyToSayTheLeast]

What card do you have and what card are you looking to get them to give you?

[sdmilne]

I have a Geforce GTX 780. Looking to ask for the 970. From what I can see, they don't even sell the 780 any more and now use the 970 in its place.

[sdmilne]

Also they say they are unsure whether the upgrade value would be based upon the market value of my card when I bought it or the market value it has today. I think that either way the old card still costs more than the new actually, but I could be wrong.

[GrumpyToSayTheLeast]

I agree, very similar prices.

[renegadeimp]

That's because the 780 is more powerful. The 970 stock version is slightly less powerful but has a few more bells and whistles.

[MaxxPower]

They also likely have some 780's laying around in stock for warranty replacements, so replacing it with a 780 likely wouldn't cost anything, whilst a 970 would be an expense for them.

[sdmilne]

Where do I stand in legal terms though? If they make a loss is that not their problem? Can they legally charge me extra for a part that is less expensive than what it is replacing if they go by the Sale of Goods Act?

[GrumpyToSayTheLeast]

Yes, they could, as they only have to replace the damaged part with the same or better. If they have the same in stock, then that's what you will get as it wost cost them anything. They are certainly not going to upgrade you for free, but they may come to an agreement for you to pay some money for an upgraded(I.e newer model) graphics card.

[sdmilne]

What is an actual reasonable amount to ask for a part that is less expensive than what it is replacing though? I imagine if you wanted a £50 part replaced with a £60 one then they'd charge £10 extra. So when you want to charge extra for replacing a £60 part with a £50 one, what price do you invent?

[MaxxPower]

'What is reasonable' and 'What can they charge' are two completely different things. They can charge pretty much whatever they want for the upgrade, even the full cost of a new 970. It would be up to you to decide if that's reasonable and to accept it or not.

 

Basically it comes down to this. You cannot force them to give you a 970 instead of a 780, nor can you force them to only charge you up to a certain amount. As long as they replace for the same or better, they are fulfilling their obligations. The easiest way for them to do this is to just put in another 780 as it seems they likely still have some in stock, probably specifically for warranty replacements. As we've said, whilst for you to out and buy a 780 it would be more expensive than a 970, for them it is not. For them the 780 will be the cheaper option as they likely have a stock of them laying around that have long since been paid for and will never be sold, but for them to give you a 970 would deny them a sale.

[sdmilne]

Well with them having said in writing already that they will base the upgrade charge in the difference in cost between the two items either 5 months ago or now, they surely can't charge much if indeed anything as sadly for them the best difference they will be able to find is about £10. In a way they have painted themselves into a corner by saying that as having checked, the 780 had a higher monetary value in July and it has a slightly higher one now.

 

Just comes down to good will on their part really. Many businesses would just swap the part as it less expensive, while many of course wouldn't dream of it.

[GrumpyToSayTheLeast]

Yes, but if they have one on their stores ready to go, then it wont cost them anything so they could charge you the difference between nothing and £250 for the 970. If they have to buy one as they dont have stock, then I guess you can bargain with them.

[sdmilne]

No, no. What they are explicitly stating is that I will pay the difference in price between the old and the new item. Neither of those values can possibly become zero without them having lied to me. They are obviously going to produce a figure for the 970 that alleges it is worth more than the 780 I have. They simply cannot say what they have said and then ask for the full price. To be frank, if they end up out of pocket after supplying a replacement goods unfit for purpose then as a customer, I have to say that that is there problem, not mine. And I doubt they are at much financial risk at all.

 

Their actual words were "Whether the upgrade price will be put against the price you paid originally or based on the market value now, I am unsure. our head technitian will confirm this in due course,"

[renegadeimp]

Nothing wrong with thwhat they said. Yous poke to a CS rep who likely doesnt have the admin knowledge needed.

[sdmilne]

In theory though, should they have an issue replacing a part with one of lower monetary value? I imagine some businesses would jump at the chance to do that. In some cases it can be as much as £100 less at retail. Failing that, as the part is not for purpose or of satisfactory quality, where do I stand with asking for a refund in place of a replacement?

[renegadeimp]

Did you buy it seperate or as a bundle? if the latter, then you wont get a refund. SOGA states repair > replace > refund. There are exceptions, but you have to let the retailer try and rectify the problem. If they take too long, or they cant, then you can go further.

[sdmilne]

It was part of a custom built system. It was the default option from a drop down menu of graphics cards (you could choose every part individually and I did indeed opt for many options that were not the default choice - such as the actual case itself and the processor and the hard drive), but I could have added a different one if I'd wanted so I suppose technically each part of the computer counts as an individual item?

 

In general terms though, does SOGA recognise items of lower monetary than the original item as an equal or superior product? Or do they have to cost either the same money or a greater amount for that to be the case?

[renegadeimp]

Like for like when it comes to SOGA. Totally up to the retailer if they want to degrade or upgrade the part. Or charge any difference in value if the same part is not available.

[sdmilne]

Does the fact that this item has now replaced mine in their computers count? They no longer list my graphics card for sale.

 

By replacing the part with a less expensive item, would the shop be out of pocket in any way? I've had differing viewpoints on this elsewhere

 

A) that I'm being deeply unfair to the poor shop and wanting something for nothing

 

and

 

B) that they shouldn't really be charging me a penny as it is an item costing less than mine did.

[renegadeimp]

Nope. Like for like is replacing for what it was. So if your system was a set build at a certain price, then they should replace it with the same item, or one of similar power. As i said before, it is up to the retailer to upgrade it in its place if the item is not available.

 

In any case, i would remain calm, and perhaps speak to the company director over it. Thats if you arent getting anywhere with the store. Just remember to be patient and calm. If you get their backs up, they will try and make life hard, and drag SOGA out as far as possible.

[sdmilne]

Will do. Hypothetically though, what would most likely happen if I asked them for a card that was clearly higher in value - say £150 more? I'm assuming they'd just ask for £150 and that would be that, yes?