I simply buy products with long warranties. By the time the warranty is up, I've either sold it on or it's no longer of value, so no consequence to me.
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GTX Titan Faulty and out of Warranty
- Thread starter sk3lph
- Start date
I simply buy products with long warranties. By the time the warranty is up, I've either sold it on or it's no longer of value, so no consequence to me.
Yes some random of the Internet trumps a long standing consumer advice company /sarcasm
I would be very interested to see some actual evidence of someone sucesfully getting something back on a faulty gpu well past its warranty where no manufacturing fault was evident... Won't hold my breath
A quick internet search only resulted in a few uncoroborated tales of limited success where graphics cards were sold with very short one year warranties' and the goods failed a few months over this.
The reality is gpu's aren't like a lot if electrical goods. A high end gpu is pretty much redundant after three and a half years worth a small fraction of is it's purchase price. Gpu's are therefore frankly not engineered to last all that long. If there were they would end up being both more expensive to make and slower as clock speeds were ramped down with voltages dropped to prolong component life. This would not suit the majority of consumers who want the fastest available product now rather than one that could be expected to last for decades. The same just is not true of fridges and microwave's which don't have the same rapid development cycle.
Problem is the internet tends to be a quick method of propogating both true and untrue stories. A company like ocuk or Asus would know if they rolled over on every claim out of warranty for a faulty Gpu that they soon would be innundated with many claims pretty much making their warranty terms redundant. I'm sure some people have had some limited success with cheaper items with far shorter warranties or where a manufacturing defect was apparent but I would full well expect a companies like ocuk or Asus to tell a consumer that they would not entertain an out of warranty claim and leave the consumer with only the small claims court option where the law is clearly against them after the first six months unless they can demonstrate an inherent fault.
Given that the (relevant in this case) sale of goods act places the onus on the retailler to offer up the repair or refund and given the pretty small margins retailers' make on a lot of even quite pricey electronic components its just not in their interests to roll over because they won't be likely to be supported/ reinbursed by a company like Asus if they decide to be generous with their interpretation of the SOGA or CRA
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Don't buy Asus for their warranties'.... For claims under SOGA and CRA their pretty much irrelevant as the claim is with the retailler not the manufacturer who the consumer has no contract with.
The whole go to the manufacturer things is as much a myth as the 'goods have to last for six years' meme......
It's not true - that's the time in which you can legally make a claim not the expected longevity of the product which is not defined in either act.
The law just defines burden of proof to the civil standard (balance of probabilities) first six months burden is on the retailler to prove goods were not inherently faulty after that burden is on consumer
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TLDR: For the people who joins in late
I'll pop in to clear up this nonsense
Lots of people are posting on gut instinct and with absolutely zero knowledge on the topic at hand. When it comes to LAW, actual knowledge is critical and the only thing that matters.
The burden of proof - IS NOT - on the consumer during the warranty period if one is offered. This would be in addition to your statutory rights and consumer law does not apply to that.
You would have 6 years to make a claim if that warranty was not honoured/refused but that 6 years is the legal maximum, you would have to have an extremely good reason not to make money claim in a reasonable period (few months).
However since this is out of warranty, that isn't relevant and it - IS - up to the consumer to "prove" the item is innately faulty. This is - NOT DIFFICULT - "proof" does not mean you need to be Sherlock Holmes and have intricate knowledge of the production process of an item (etc). It means you need to know that it is faulty. That is to say, if it doesn't work, then it's innately faulty from day of purchase and that is "the proof", this is not a court of law where "proof" means "caught red handed and guilty as sin".
Likewise if the retailer had to prove the item was not faulty from purchase if in the 6 month period they would have to prove that the item was damaged by the consumer, be that accidental/neglect/abuse/etc. That is very hard to do because in that case they do need probable cause. Establishing probable cause is very difficult unless it's been physically battered.
There is no time limit as to how long a product should last.
The 6 years figure is spouted by the uninformed and that 6 year figure is the legal time you have to make a claim from when the fault developed and the issue was raised with the seller/manufacturer. That notification can be an email, phone call, whatever, as long as you have a record of it. You don't need to write a letter etc.
That 6 year figure applies to ANY civil matter of money claim and isn't just regarding consumer law.
So taking that into account, you have a top of the line graphics card that cost £600-£800 new.
It broke very close to the end of the statutory warranty period which means by definition that manufacturer would be very confident that the product was designed to not fail within that time period, or close to it. The cost of the product backs this up, otherwise the manufacturer would be losing money if it was expected to fail from wear and tear around that period.
So, that establishes that it wasn't designed to fail as it has. We then are able to short cut to that meaning you automatically win a claim.
How long should it last though?
Anecdotal evidence is absolutely fine in establishing this if you have a few sources....have a google, print off your research and use that as your basis for a claim at a hearing and when submitting your evidence on the moneyclaim website.
I would imagine that a google would turn up figures of between 5-8 years for a graphics card of this value and that the product is marketed as a premium well made product.
You are guaranteed to win.
I haven't claimed on tech products but have for a few things including a bed where the PU leather started flaking at 4 years and 11 months. Bensons For Beds didn't want to know and sent someone to represent them and I won and got a hefty payout including the costs to remove the faulty bed etc.
Also an office chair, similar situation and a dishwasher also.
However Bensons For Beds and other retailers of that nature are cutthroat and know how to tell a customer to get stuffed. A tech company is unlikely to be so harsh and will compromise - Once they have received the claim and evidence against them.
If the repair doesn't work out, just fill in the form and cough up the cash, you won't regret it and even if you do lose, which is not going to happen you will have had your legal remedy and won't need to think about this in the future every now and again with malice and hate
The real clincher in the consumers favour is that companies aren't actually that experienced at the actual hearing itself. A judge does not take the nonsense they give you over the phone in their customer service role, which they will use the same nonsense at the hearing. They will make judgement on law - AND compassion. As long as you are humble in your aims and are looking for justice but clear in your feelings, you can't lose - EVER.
However Bensons For Beds and other retailers of that nature are cutthroat and know how to tell a customer to get stuffed. A tech company is unlikely to be so harsh and will compromise - Once they have received the claim and evidence against them.
If the repair doesn't work out, just fill in the form and cough up the cash, you won't regret it and even if you do lose, which is not going to happen you will have had your legal remedy and won't need to think about this in the future every now and again with malice and hate
The real clincher in the consumers favour is that companies aren't actually that experienced at the actual hearing itself. A judge does not take the nonsense they give you over the phone in their customer service role, which they will use the same nonsense at the hearing. They will make judgement on law - AND compassion. As long as you are humble in your aims and are looking for justice but clear in your feelings, you can't lose - EVER.
Read the start of the thread, the employees of Retailer did just say out of warranty, tough luck.
Soldato
- Joined
- 19 Oct 2008
- Posts
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Heraldo's post is a good one but would I be ars** to go through all the hassle on a graphics card that has failed when it's market value is probably £100 or so? No, life is short, I'd get better value binning it and buying a new shiny one than spending a good few hours of time trying to get it repaired/replaced when the warranty (contract) had expired 
.
if enough do this and win it the downsides could be that prices rise (further) and cards will detect if they've been overclocked too which would likely make any claim invalid if they have been.
Interesting stuff though. I had a premium brand (Bosch) washing machine fail soon after the warranty ended when it had hardly been used due to working away. Ended up paying £14 a month for a year to repair it via Bosch and that gave it a 1 year warranty and the blimmin' thing failed again in that year so probably got my £'s worth out of the warranty at least but on a £620 machine the experience has been rather bad.
.if enough do this and win it the downsides could be that prices rise (further
) and cards will detect if they've been overclocked too which would likely make any claim invalid if they have been.Interesting stuff though. I had a premium brand (Bosch) washing machine fail soon after the warranty ended when it had hardly been used due to working away. Ended up paying £14 a month for a year to repair it via Bosch and that gave it a 1 year warranty and the blimmin' thing failed again in that year so probably got my £'s worth out of the warranty at least but on a £620 machine the experience has been rather bad.
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I'll pop in to clear up this nonsense
Lots of people are posting on gut instinct and with absolutely zero knowledge on the topic at hand. When it comes to LAW, actual knowledge is critical and the only thing that matters.
From reading your post I'm not sure that you have the first idea about UK law so lets have a look at what you have to say....
BOLD my emphasis
So if a product doesn't work at some point years after purchase it must have been inherently faulty from the day of purchase? Nonsense on stilts! No accounting for the amount or type of usage involved by the consumer...no it must be an inherent design fault. I don't think it would necessarily be 'NOT DIFFICULT' to demonstrate an inherent fault some years after usage hence the advice often given that you may need an expert report to assist in demonstrating why a product failure was due to an inherent fault.
Expert's reports - So, you may need to prove that the fault was not down to ordinary wear and tear or damage you caused, and that the product (or a component) should have lasted longer than it did.[/I]
If you took your case to a small claims court you would very much be taking it to a 'court of law' you should have referred to a 'criminal court' vs a 'civil court' both very much 'courts of law' In a criminal court in England and Wales 'proof' is only used in terms of a (criminal) offence being 'proved' to the criminal standard/ burden of proof (beyond reasonable doubt) and the burden in criminal matters is almost universally on the prosecution to 'prove' all aspects of the alleged offence. 'Proof' in any court in England and Wales does NOT mean 'caught guilty as sin' that's a common phrase used in general conversation but the phrase is not a legal term used in any court ( a barrister might use the phrase in the course of a trial but its not a standard used to 'prove' anything)
But then given that you talk about 'probable cause' its hardly surprising that you don't know what your on about. 'Probable cause' is an American term used by law enforcement in criminal matters as the standard for when an arrest can be made or a warrant sought. The equivalent over here would be 'reasonable belief' or 'reasonable suspicion' in criminal matters and none of these terms is applicable to UK civil cases where 'balance of probabilities' is the relevant term
The six years is absolutely NOT from the point the fault developed! Its from the point of sale and the therefore the 'contract' between the consumer and the retailer, where do you get this nonsense from?
'statutory warranty period' well you have excelled on nonsense spouting on this one a 'warranty period' is by definition not 'statutory' in this case hence the common phrase...
'warranty is issued in addition to and does not effect your ' statutory rights ' or some close variation of this.
For example Apple's legal page re UK law This coverage operates alongside and in addition to your statutory rights under UK consumer law.
A manufacturer warranty in the UK is by definition not 'statutory' (do you even know what that word means? hint - it means by statute i.e. by an act of law like the Sale of Goods Act 1979). In this case the graphics card broke six months over the manufactures warranty 'offered in addition to you statutory rights'
You would 'automatically win the claim'? anecdotal evidence is 'fine'! Google would turn up figures of between 5-8 years for a graphics card?
It would certainly be interesting to watch you present a case at a civil court.....
'well my sister in laws 2nd cousin got a refund on a washing machine two years after she bought it and it exploded and a straw poll of the guys in the pub was that my graphics card should have lasted at least 6 years and 2 months so obviously it must have been an inherent fault that broke it right? not that I ran it overclocked 24/7 without cleaning out any of the dust, cigarette smoke or pet hair that accumulated in it in my case with poor airflow. Egro I automatically win my case and am entitled to a full refund of the purchase price no?'
You then go on about your own experience with a defective bed... an item which clearly would have a far longer period of use without issue than a modern GPU...
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Caracus2k, as I said to Dave, I have no interest in presenting you with evidence you could easily find yourself.
Please, don't exercise your consumer rights. Never make a claim. When an item fails out of warranty, continue replacing it at your own expense.
If you don't want to believe, then don't. For everyone else, spending 5 minutes Googling how to make a claim out of warranty could save you literally hundreds of pounds.
But I won't force anyone to save themselves money. If people don't want to believe, then I'm happy for them not to believe. If they don't want to believe and don't want to spend a few minutes educating themselves, then they honestly get what they deserve.
Please, don't exercise your consumer rights. Never make a claim. When an item fails out of warranty, continue replacing it at your own expense.
If you don't want to believe, then don't. For everyone else, spending 5 minutes Googling how to make a claim out of warranty could save you literally hundreds of pounds.
But I won't force anyone to save themselves money. If people don't want to believe, then I'm happy for them not to believe. If they don't want to believe and don't want to spend a few minutes educating themselves, then they honestly get what they deserve.
+1. I think a few posters are are absolutely delirious. They think they have the engineering ability to prove a GPU was faulty from manufacturer. This fault just happened to be hiding away until the warranty failed etc...
Of course I'd make a claim if I was legally entitled to do so. In this case, the Titan owner is NOT legally entitled to do so, it's completely nonsense since the GPU worked from day one, and continued to work after it's warranty period expired.
Had a look didn't find anything to back up your claim dismissed your claims therefore
Great. You're doing your bit for the economy by spending more money than you need to, at least.
I'm happy with that outcome. I have no desire to help people who refuse to be helped.
Great news I'm going to bookmark that place incase anything happens to my 980ti.