HIS Warranty - Legal requirement for proof of purchase?

snedie

snedie

snedie

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So I am in the middle of trying to get HIS to give me an RMA of a 5970, which coincidentally was purchased for me by a friend who at the time had an OcUK account. Well long story short we are not exactly on speaking terms and getting any sort of documentation from the guy is next to impossible.

Well, HIS are stating they will not honour any warranty agreement if I can not show them an invoice. Is this a legal requirement? (As in physical law not just a company policy). At the end of the day, I hold a valid warranty contract with that company and they are refusing to hold this up.

Just looking for some insight into this please. Also, when was the 5970 released? HIS told me that the reason they need proof of purchase is to verify that the card is still in warranty. Didn't the 5970 come out in Nov 2009 (ish)?
 
There is no legal requirement to have an invoice. You do need to prove it's in warranty though, which is difficult without an invoice.
 
Burnsy2023 said:
There is no legal requirement to have an invoice. You do need to prove it's in warranty though, which is difficult without an invoice.
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That's why I am looking for the official release date of the 5970. Unless the workers at HIS can't do maths I'm pretty certain the fact they provide a two year warranty on a card less than two years old makes the warranty still valid.
 
Well the 5970 only came out end of 2009 so its clearly still under warranty so you dont need to prove anything as they offer a 2 year warranty and upon reading there tcs Edit found it, they might claim without receipt they cant prove your first owner so.

Complain till your blue in the face is pretty much your only option
 
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DAvE18 said:
Well the 5970 only came out end of 2009 so its clearly still under warranty so you dont need to prove anything as they offer a 2 year warranty and upon reading there tcs there's nothing about transfer of ownership they cant even go down that road.

Complain till your blue in the face
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Thanks guys.

I have already warned them that I do not hesitate to involve legal bodies.:D
 
Good luck I have a feeling judging by how much or there FAQ is about how they wont provide warranty and so on that they probably are not going to be the best at customer service and rma.
 
As HIS isn't the retailer surely your rights under SOGA are not with HIS at all. Therefore all you have with HIS is the terms and conditions they apply to what is really a 'feature' of the product you bought - a warranty.

So whilst you can get all legal with the retailer if they make you jump through hoops the same cannot be said of the manufacturer.
 
[TW]Fox;18832889 said:
As HIS isn't the retailer surely your rights under SOGA are not with HIS at all. Therefore all you have with HIS is the terms and conditions they apply to what is really a 'feature' of the product you bought - a warranty.

So whilst you can get all legal with the retailer if they make you jump through hoops the same cannot be said of the manufacturer.
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Correct. The OP has no "warranty" rights with HIS at all. They are not his seller. OCuk is the seller and the only one he can legally appeal to. HIS can simply tell him to get lost if they want and there is nothing he can do about it. Actually the OP is in much worse position than he knows. If the card was bought on the friends account and the invoice is listed to that person then the OP has no real warranty at all. The account holder is the one that has the warranty. The warranty chain in this case is very linear. OP>"Friend">OCUk>HIS.
 
Bulldog14 said:
Correct. The OP has no "warranty" rights with HIS at all. They are not his seller. OCuk is the seller and the only one he can legally appeal to. HIS can simply tell him to get lost if they want and there is nothing he can do about it. Actually the OP is in much worse position than he knows. If the card was bought on the friends account and the invoice is listed to that person then the OP has no real warranty at all. The account holder is the one that has the warranty. The warranty chain in this case is very linear. OP>"Friend">OCUk>HIS.
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Actually if you cared to study such areas you would know that any warranty is legally transferable if no documents have been signed EXPLICITLY prohibiting the act.

"The OP has no "warranty" rights with HIS at all. They are not his seller. OCuk is the seller and the only one he can legally appeal to"

This is also incorrect, and the original retailer is not a mandatory aspect of this warranty: As in HIS do not explicitly say "This warranty is only valid if the product is purchased from an authorised retailer".

Finally, on my desk right now is a legally binding warranty contract from HIS stating they WILL provide the OWNER of the product with a limited two year warranty for repair and maintenance.

The ONLY time proof of purchase is required for ANY product (be it electronic or digital) is if a person is attempting to return it to the RETAILER and NOT the manufacturer. The ONLY reasons HIS want to see proof of purchase is:

- To verify the produce warranty has not expired*
- To check which retailer is selling cards (Market analysis)

*The card hasn't even existed for two years, their serial number will show the card was sold to OcUK and they can "ask" OcUK to release the sale information (OcUK have no obligation to do this, and would require the permission of the account holder/original purchaser).

Also just to note, HIS gave me an RMA ticket number WITHOUT proof of purchase as soon as I mentioned trading standards.
 
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snedie said:
Actually if you cared to study such areas you would know that any warranty is legally transferable if no documents have been signed EXPLICITLY prohibiting the act.

"The OP has no "warranty" rights with HIS at all. They are not his seller. OCuk is the seller and the only one he can legally appeal to"

This is also incorrect, and the original retailer is not a mandatory aspect of this warranty: As in HIS do not explicitly say "This warranty is only valid if the product is purchased from an authorised retailer".

Finally, on my desk right now is a legally binding warranty contract from HIS stating they WILL provide the OWNER of the product with a limited two year warranty for repair and maintenance.

The ONLY time proof of purchase is required for ANY product (be it electronic or digital) is if a person is attempting to return it to the RETAILER and NOT the manufacturer. The ONLY reasons HIS want to see proof of purchase is:

- To verify the produce warranty has not expired*
- To check which retailer is selling cards (Market analysis)

*The card hasn't even existed for two years, their serial number will show the card was sold to OcUK and they can "ask" OcUK to release the sale information (OcUK have no obligation to do this, and would require the permission of the account holder/original purchaser).

Also just to note, HIS gave me an RMA ticket number WITHOUT proof of purchase as soon as I mentioned trading standards.
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If you know so much why bother asking for opinions on here?
 
snedie said:
Finally, on my desk right now is a legally binding warranty contract from HIS stating they WILL provide the OWNER of the product with a limited two year warranty for repair and maintenance.
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And they are able to make as many requirements you must follow to get this as they wish - because it's completely seperate to your statutary rights (Of which you have none).
 
edscdk said:
this
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forgot to add in the past I have printed then scanned the invoice back in to email it...

if you dont have access to an invoice buy a small item from the same place, if you get a einvoice alter the details, if its paper print out the the altered bits and glue them on then re-scan it..

try and get the altered details as close as possible to what they would have been on the original that you lost... (make sure you caculate vat - which may have been at 15% correctly and change any dates)
 
get your mate to ring ocuk ask for a invoice to be emailed,

whilst the invoice number would be handy it can be found via other details.

if you still have the box there is a small sticker witha stock code on their that has a unique id on it that says who when and where it was delivered.
 
snedie said:
Actually if you cared to study such areas you would know that any warranty is legally transferable if no documents have been signed EXPLICITLY prohibiting the act.

"The OP has no "warranty" rights with HIS at all. They are not his seller. OCuk is the seller and the only one he can legally appeal to"

This is also incorrect, and the original retailer is not a mandatory aspect of this warranty: As in HIS do not explicitly say "This warranty is only valid if the product is purchased from an authorised retailer".

Finally, on my desk right now is a legally binding warranty contract from HIS stating they WILL provide the OWNER of the product with a limited two year warranty for repair and maintenance.

The ONLY time proof of purchase is required for ANY product (be it electronic or digital) is if a person is attempting to return it to the RETAILER and NOT the manufacturer. The ONLY reasons HIS want to see proof of purchase is:

- To verify the produce warranty has not expired*
- To check which retailer is selling cards (Market analysis)

*The card hasn't even existed for two years, their serial number will show the card was sold to OcUK and they can "ask" OcUK to release the sale information (OcUK have no obligation to do this, and would require the permission of the account holder/original purchaser).

Also just to note, HIS gave me an RMA ticket number WITHOUT proof of purchase as soon as I mentioned trading standards.
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Your so far off base that you don't even know it. Don't get me wrong, I'm glad you got your RMA via HIS, but don't fool yourself here. HIS decided it wasn't worth the hastle to make an issue out of it, and scrapped the formality of the purchase invoice.

The bottom line is that no 3rd party is directly accountable to another in any sane democracy. You have zero rights with HIS unless you bought from them directly, despite whatever paperwork you may have that seems to indicate otherwise.

How do I know this? I have worked at 3 MB makers for 11 years now, and have dealt with hundreds of cases like this where someone thinks they are entitled to demand something from a factory.

Once again thou, I'm glad you were able to work something out with HIS.
 
Bulldog14 said:
Your so far off base that you don't even know it. Don't get me wrong, I'm glad you got your RMA via HIS, but don't fool yourself here. HIS decided it wasn't worth the hastle to make an issue out of it, and scrapped the formality of the purchase invoice.

The bottom line is that no 3rd party is directly accountable to another in any sane democracy. You have zero rights with HIS unless you bought from them directly, despite whatever paperwork you may have that seems to indicate otherwise.

How do I know this? I have worked at 3 MB makers for 11 years now, and have dealt with hundreds of cases like this where someone thinks they are entitled to demand something from a factory.

Once again thou, I'm glad you were able to work something out with HIS.
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Ahhhh, I guess I should call trading standards back then and tell them to fire the three separate legal advisor's that all specialise in warranty claims that told me exactly what rights I had (and didn't have).

You know what I think I might tell my bank that I don't have to pay back that loan agreement....:D
 
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