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Trading Standards & Refund of less than order value

Final8y said:
Its meant to be equivalent or nearest greater value.
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actually equal or better performance if possible but the reseller has the final decision. If they cannot offer a suitable replacement without undue cost to themselves they can insist on issuing a refund.

But for god sake man just take the money. you could get near enough the same performance from two of these (http://www.overclockers.co.uk/showproduct.php?prodid=GX-103-MS) & pocket the extra £200
 
You might be onto something there... his board only does PCI-e 1.0 @ x8 in crossfire mode but the 5970 on his board is equivalent to PCI-e 1.0 @ x16 split between 2 cards anyhow so probably won't suffer any performance difference... and leave him with a nice chunk of change.
 
I just rang them up :D

Apparently its perfectly legal what the have done, especially if in the terms of the warranty and even if not written.

Basically you could argue under the sales of goods act in only one way really...

Basically I was told what they would have done is taken the original amount you paid 546, given the card an expected life (x years) and calculated how much its worth per month.

Seems they have knocked off £90 for 10months use, which don't seem bad to me, only £9 per month. 9 goes into 546 60.6 times. 60 months is 5 years so they charged you based on the expected life of the card being 5 years. Not bad.

The only way you could argue is by saying 'No... the average graphics card is expected to last... say 10 years and so therefore 1 months use is worth £4.5 and you've charged me twice as much as you should.

But even then you would need to make them think they would loose in court as thats the only place you could force them! Thats what I think I was told anyhows, wether I made sence of it!!!!
 
^ Like if it was a EVGA card with 10 years warranty, but in all honesty seeing as most warranty are only 2 years don't think you would convince anyone 5 years is a under estimate. Seems like they've been kind of fair!
 
if washing machines, fridges, cookers etc only have 6 year expected life span (pretty much the only legal president available to trading standards) you'd have no chance of arguing even close to that, let alone more for a product that most ppl would change countless times for each time they had to change their fridge.

oh & don't get me started on the EVGA warranty, that's a con & a half, more legal jargon involved than the average corporate takeover.
 
ScottiB said:
actually equal or better performance if possible but the reseller has the final decision. If they cannot offer a suitable replacement without undue cost to themselves they can insist on issuing a refund.

But for god sake man just take the money. you could get near enough the same performance from two of these (http://www.overclockers.co.uk/showproduct.php?prodid=GX-103-MS) & pocket the extra £200
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Is it is equal or better performance but in this case it looks like more cost is the only choice for equal or better performance in this case with what's out there the moment on single card.
 
Hmm I dunno, it seems pretty fair to me. If the card is worth £460 now, why should they give you £550? If they replaced the item, you'd be getting a £460 item from them so if they offer you the same in cash then that seems pretty fair to me.

I'm heistant to **** off that retailer though because they've been kind to me in the past (let me get a full refund including delivery on an expensive LCD even though it wasn't defective and I'd asked them outside of the 7 day DSR limit - it was just that my laptop had a crappy VGA port/controller so it shimmered everywhere). :D
 
lets get some facts straight

the 5970 is EOL, unless they have old stock they wouldn't be able to provide a replacement

there are no "better" performance alternatives (based on FPS)

£460 is a good price with which he can buy a better performing and even possibly more advanced VGA set-up

The reseller is not obliged to offer an alternative if they are unable to do so without unreasonable cost to themselves.

the credit that the reseller would get from XFX would be based on XFX's product cost, which is much less than £460

The reseller has done everything legally required and more. If they didn't care about you they would have offered you the minimum possible, which would have been around £390.
 
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Agreed, tbh you have done great out of the deal as the 5970's only fetch circu £250-300 these days if you're lucky. Personally I'd snatch their hands off.

They are legally correct I'm afraid.
 
I would take the money right now. Yeah its not great that you aren't getting all your cash back, but you have had some use out of it and you can put that cash towards a 6990.
 
I don't think it's such a terrible offer really, I'm sure if you looked around you could get the same card brand new for that!.Take the offer and upgrade your graphics (6950 xfire) and have a drink with the change.:)
 
I'm sorry.
But I'd take that refund.
You'd be an idiot not to.

Get a GTX580, or get better performance in the name of SLI/Xfire and have money spare.
 
Not so sure about the legally correct - but they could argue - potentially sucessfully - that its sufficent to put him back in the circumstances he was before the product "broke" which is their obligation under contract law. While he could probably make a case under the current circumstances that the money won't buy him a single product thats of better or equivalent performance you'd have to test that in court atleast as a small claim which is more hassle than its worth. So unfortunatly it looks like the best course of action is to take the money :S
 
Thanks all.

For clarity I wasn't moaning about it persay, I wanted to know if it was to be expected or whether I was being fobbed off.
 
Seems a very fair offer. 6950 Xfire will give better performance across the board and much better performance in DX11 games, not that there are many though :)
 
Not sure how well 6950 CF would fair on PCI-e x1.x @ 8x tho - can't be worse than the 5970 tho I guess. I saw a performance increase moving from 2x PCI-e 1.1 @ 8x to 2x PCI-e 2.0 @ 16x with 8800GT SLI so I suspect it would hold the 6950s back.
 
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