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Faulty GTX 680?

dandare2012 said:
If I were to try and test again over this weekend, where would you start? i mean it seems unlikely that I could "fix" the issue as I do not honestly see how both my pc's could have the same "fault" in them? it is not a software issue as I have laready done multiple OS installs and tried 3 different drivers.
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Now see I would look at that and say "what is common to both pcs" GFX cards don't fall over "browsing the internet" I'm not doubting you have an issue but my moneys on something like a memory or bios related issue.

So pick you chin up and get stuck in :D
 
wunkley said:
I feel your pain fella. See my thread here about a faulty Gigabyte GTX 670. Took me 2 months to get the retailer to issue me a credit note. Total nightmare.

Really the retailer should sort it out for you. I used the Govs sale of goods act site (see here) to help back my 'campaign' which I eventually won.
If you're not going to be keeping the new 680 long though, I would probably bite gigabytes hand off for that offer, to save hassle, but I know what you mean.
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OK, so I just read you whole thread.. you retailer was Lambdatek correct? - I got the exact same email about offering to sell my card second hand. They also did the same to me by posting the card back to me without my permission.
 
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Fair play to Gigabyte to be honest, take their offer up is my advice. Think my next card might be a Gigabyte, or an MSI. :D
 
RESULT!!!

Here is my letter to the retailers MD, and her reply this evening.

Dear Sir/Madam,

I have been given your email as the direct contact for the Managing Director of LambdaTek Ltd

I am writing to you regarding a dispute on the above order placed on the 04/12/2012; and I appreciate that you are likely a busy person so I will try to keep this brief;

The item from this order exhibits faulty behaviour when installed in two separate systems I own; both of which are compatible with the item, and both of which function perfectly without the item installed.

After a drawn out process I was informed that your technical team that they were unable to replicate the fault. And to cut a long story short, despite the fact I had rejected the goods under the Sale of Goods Act 1979 as unsatisfactory, they were returned to me without my permission. To my mind you are in breach of contract to supply goods of a satisfactory quality and have refused to resolve the issue.

Now I am neither an unreasonable nor unpleasant person but to say that I am disappointed with the service and the situation in general is a drastic understatement. I felt through the whole process that everything was being drawn out deliberately and that no real interest in the issue existed at all. I am sure that you are aware that under the Sale of Goods Act 1979 the burden of responsibility for proving a fault lies with the consumer in the case where they request a refund. I informed your staff that I had tested the product, including having video evidence of the fault occurring, but no information was ever ever requested from myself with regard to proof, they were only insistent on testing it for themselves, and showed no interest in what I had to say about it. The apparent "proof" of the testing they did was provided to me in the form of one .rar file containing a video game benchmark result and a short gpu-z sensor log, neither of which offer any evidence that the card tested was mine; in fact the card type is not even listed anywhere. Quite simply, these files prove nothing. My request for the additional files yielded no response from your staff. Most of the emails I sent went only half answered, everything felt like all your staff wanted to do wash push me away as fast as possible, with no care as to whether I received a good service or a satisfactory outcome.

I was made to feel throughout the whole process, and particularly by some comments made to me on the phone, that it was me offering you a service by being your customer and that I was somehow responsible for keeping you happy and in profit - this is the total opposite of the way your customers should be made to feel. The worst of your staff is the gentleman who answers your returns line, who has an insolent and rude tone, an quite clearly has no care in his role what-so-ever. He is the worst possible person you could put in that role; to be frank he may as well have told me to f-off when I called because that is what his entire manner and tone gave off on the three occasions I spoke with him. There are other comments left in reviews of your company online that mention the rudeness of certain staff members too.

I should mention that I have been offered a resolution by the manufacturer directly, who have offered me a replacement card; however I am currently undecided whether I will accept as doing so will affect my statutory rights. My contract is solely with you as the retailer; the manufacturer is not legally bound to take any action at all, and their offer is a gesture of goodwill in the face of your companies refusal to co-operate. Due to the additional costs incurred during the process for the additional PSU and shipping, and the fact that it is now six weeks down the line and I am tired and fed up with this, I made the decision that I wanted a refund. Taking a replacement from the manufacturer is less than ideal on several levels.

The purpose of this mail is largely to give you as the Managing Director a chance to rectify the situation before I take this further down the legal route, and leave any reviews online. I have already been in contact with Citizens Advice and have been referred directly to Trading Standards, who I will be speaking with later this week.

I would appreciate your swift attention regarding this matter as it has now been six weeks and I am still £429.00 out of pocket + over £160.00 in additonal costs. I had expected more from a comapny who so proudly touts their excellent customer service; the fact that your staff are happy to leave me in this situation I find totally and utterly unacceptable.


Her reply:

Thank you for your communication and the opportunity to look at this return. I have spoken with the members of the return's team and have taken statements from all of them.
I would like to reassure you that your graphics card was indeed tested by our in-house specialist. In fact the testing was done over a few days in my office on my meeting table and I have witnessed the process myself.
We have never had the need to record the serial number on items that we test because it never has passed our mind that we could not be trusted when we are undertaking a product test. I guess that is something
we will have to seriously consider going forward. The only way we would have been able to prove to you that it was your card which was tested is by taking a photograph or making a film of the process. As mentioned, I did not
think that this was necessary. I am very sorry about that.

I understand that you do not wish to obtain the replacement from Gigabyte. In this case I am willing to proceed with a refund if you instruct Gigabyte to send the replacement unit to Lambdatek. We then would collect the unwanted unit from yourself and proceed with the refund. We are happy to liase with Gigabyte directly as long as you instruct them to do so. We would require the reference number in order to do so.

I am very sorry that you felt that we did not look after your requirements. And I apologise if you think that you were not spoken to as one would expect it.
Please let me reassure to you that the card was tested and that at no point did we have any intentions of not wanting to deal with the issue.

Please let me know when you have spoken to Gigabyte so that we can conclude the transaction.
 
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wunkley said:
I feel your pain fella. See my thread here about a faulty Gigabyte GTX 670. Took me 2 months to get the retailer to issue me a credit note. Total nightmare.

Really the retailer should sort it out for you. I used the Govs sale of goods act site (see here) to help back my 'campaign' which I eventually won.
If you're not going to be keeping the new 680 long though, I would probably bite gigabytes hand off for that offer, to save hassle, but I know what you mean.
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GTX 670's had known issues, If you were at the front of that, that was unfortunate.
I actually experienced them, the card also had other issues anyway...I told them what was wrong and wanted a refund and ordered a 680 before they even got the other one back, no problems
Now let me just say I've probably had about 50 top end GFX cards and that was the first faulty card.

I'm guessing the system has got so abused more company's have got very strict and it's caused extra pain for you genuine guys.
 
JAKUS said:
Now see I would look at that and say "what is common to both pcs" GFX cards don't fall over "browsing the internet" I'm not doubting you have an issue but my moneys on something like a memory or bios related issue.

So pick you chin up and get stuck in :D
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Thanks for all you help and advice on this, but I would still have to respectfully disagree. If it were a memory issue then how are both my rigs able to take hours of prime, intel burn, super pi etc and not fall over when the 680 is not in it? - also the new rig has been running flawlessly since xmas day, I have oc'd the pc, tested it, completed crysis 1 again, and had no similar crashes at all during this time. It had to be that card, maybe a very intermittent memory issue with the vram, or a small power leak, I do not know, but I cannot ignore the simple fact that it does not error when the card is out, and does when it is in.

I do not think it is a bios issue as GBT tested the card on the same mobo.

gregster said:
Another good result and glad you ignored the advice to stick it on Gumtree or fleabay.
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Thanks!

JAKUS said:
I'm guessing the system has got so abused more company's have got very strict and it's caused extra pain for you genuine guys.
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Yep. Some have to ruin it for all. I get it at work all the time, a lot of people do take the P***
 
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dandare2012 said:
OK, so I just read you whole thread.. you retailer was Lambdatek correct? - I got the exact same email about offering to sell my card second hand. They also did the same to me by posting the card back to me without my permission.
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Wow. Thought we weren't supposed to mention other retailers in here, but I think this needs special exception. yes it was them!!

It also seems their consistency in dealing with things and RMA's is all over the place, and their CEO has changed sex. I dealt with the CEO apparently, who was a man. Do they have an MD and CEO? Perhaps.

They tested my card in house (after it had been 'repaired' by gigabyte) and said they could find nothing wrong, but it was never stringent enough testing. They also refused outright to give me a refund. I got a full credit note for the value of the card, which to be honest I'm ok with, as I've bought an MSI PE replacement card which is ok as detailed.

BUT, the killer final blow here for this retailer (I'm anticipating it getting **starred** out) is, the gigabyte card I sent back (which I now know was definitely faulty) went up on their store website at a reduced rate the other day for £258 or something, with a description saying it was "unwanted, opened, but in good condition".

So, make of that what you will. They were adamant they had tested the card and found no fault, so in their eyes they are ok to do this. I know the card is faulty though. Not good for whoever buys it now is it....
 
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dandare2012 said:
RESULT!!!

Here is my letter to the retailers MD, and her reply this evening.

Dear Sir/Madam, ~snip~


Please let me know when you have spoken to Gigabyte so that we can conclude the transaction.
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Err, I have a bad feeling Gigabyte may only want to send you the card, I would not mention the retailer......Hope I'm wrong !
 
Don't celebrate too prematurely (that's what she said) until you've got the cash back, however glad to hear its looking likely you'll get it all back.
 
JAKUS said:
Tread carefully my friend ;)
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LtMatt said:
Also look both ways before crossing the road.
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It's a big bad world out there... :eek: I will be sure to post an update when I have more news.

wunkley said:
Wow. Thought we weren't supposed to mention other retailers in here, but I think this needs special exception. yes it was them!!

It also seems their consistency in dealing with things and RMA's is all over the place, and their CEO has changed sex. I dealt with the CEO apparently, who was a man. Do they have an MD and CEO? Perhaps.

They tested my card in house (after it had been 'repaired' by gigabyte) and said they could find nothing wrong, but it was never stringent enough testing. They also refused outright to give me a refund. I got a full credit note for the value of the card, which to be honest I'm ok with, as I've bought an MSI PE replacement card which is ok as detailed.

BUT, the killer final blow here for this retailer (I'm anticipating it getting **starred** out) is, the gigabyte card I sent back (which I now know was definitely faulty) went up on their store website at a reduced rate the other day for £258 or something, with a description saying it was "unwanted, opened, but in good condition".

So, make of that what you will. They were adamant they had tested the card and found no fault, so in their eyes they are ok to do this. I know the card is faulty though. Not good for whoever buys it now is it....
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Wow Indeed... If you look back further in this thread you will see another guy who had an issue with them about a monitor, also many of the negative reviews online state about issues with RMA and getting refunds. I am a bit surprised that they are still selling your card... I pity the fool who buys that as they will have to go through the whole thing again... maybe..

I think in your case you could not get a refund because the issue was reported outside of 28 days, I told them about mine, in writing, on the 3rd working day after purchase.
 
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LtMatt said:
Also look both ways before crossing the road.
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like-a-boss1.gif


Good advice :)
 
dandare2012 said:
I think in your case you could not get a refund because the issue was reported outside of 28 days, I told them about mine, in writing, on the 3rd working day after purchase.
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Probably. In that case I'm even more chuffed with result I got. I feel like I should do something now about my faulty gigabyte card they have re-sold on. It's gone now from their website, so some poor sucker has bought it no doubt. I know it was a wrong 'un. What to do?
 
gregster said:
like-a-boss1.gif


Good advice :)
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:D reminds me of the time I was nearly run over... some boy racer chump went round a u-bend turn at about 60mph, i was crossing the road, one sec it was dead quiet next thing I know a card is right on me, his wing mirror broke off against my arm... 1 sec more I would have been toast.

wunkley said:
Probably. In that case I'm even more chuffed with result I got. I feel like I should do something now about my faulty gigabyte card they have re-sold on. It's gone now from their website, so some poor sucker has bought it no doubt. I know it was a wrong 'un. What to do?
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There is not really much you can do. You could never prove it was actually your card. They would just deny it and say it was another DSR return that had not been used. The most that could be done is to report your suspicion to Trading Standards, through Citizens advice, but it would probably not do much good. Let us see where I get with my refund before you kick up a hornets nest! ;)
 
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