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EVGA Pascal cards hotspot problem

southernorth said:
Have any of you refunded a 1060 SC?
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Have you checked your part number against list of affected cards? Cant remember if 1060s have been mentioned in this context. I've heard mostly about 1070s and 1080s with the ACX 3.0 cooler

EDIT: My bad - just went to the eu.evga.com/thermalmod page and there are 1060s listed there. They appear to have added a serial number check at the top of the page, so would check there to see if affected. Unless you already know that and just wanted to know if people had been successful. Cant help there I'm afraid
 
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Nelly said:
I haven't a clue, but the rate this is going I might put the retailer through the small claims court. Other people have got a total full refund and I'm being shafted something chronic.
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Nelly. e-mail the company back.

'I would be gratefull if you could return my restocking fee as I have returned the product as it has a defect.'

No need to say anything else or explain why you are unhappy about having to repair the defect youreself or having to r.m.a a defective product in order to have it replaced with a repaired non-defective version.
 
efish said:
Nelly. e-mail the company back.

'I would be gratefull if you could return my restocking fee as I have returned the product as it has a defect.'

No need to say anything else or explain why you are unhappy about having to repair the defect youreself or having to r.m.a a defective product in order to have it replaced with a repaired non-defective version.
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Thanks for the help. I'm just going to give up and write the money off.

I wont bother with the retailer ever again, as I know I could have got a full refund with my usual place I buy from.

I had only had one EVGA card previous to this second hand. This was my first EVGA card I had bought new, I'll make it my last one as well.

Got anyone saying EVGA had found a solution, I had bought less than 30 days and the contract is with the retailer not the manufacturer.
 
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p.s If you get no joy with the company its trading standards you want to contact.

You are entitled to a refund, repair or replacment if goods are of an 'unsatisfactory quality.'

The company here has decided to go with a refund although repair and or replacment is also offered, which is what you would expect to see where goods are of an unsatisfactory quality and a company has to act within the requirments of consumer law.

If it is a breech of youre rights T.D. will deal with the matter for you. But hopefully you will sort it before thats needed.
 
Sent another email, I'm not giving up just yet. I shouldn't have to fart about like this. :(
I would be grateful if you could return my restocking fee as I have already returned the product as it has a defect.

Unfortunately, like I previously mentioned, the item in question is still of 'unsatisfactory quality' regardless of the fact you argue the item is not unfit for purpose.

I should not have fix this myself, or as mentioned contact the manufacturer to repair/replace. My contract is always with retailer not manufacturer. By law I am eligible for a full refund under the Consumer Rights Act 2015, the item was less than 30 days old.
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Nelly said:
Sent another email, I'm not giving up just yet. I shouldn't have to fart about like this. :(
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Nelly

You have every right to get the full amount back even the return postage you paid....

They are wrong to counter act saying the card is fit for purpose ....Unfortunately the card is not designed as originally intended pure and simple design issue's EVGA know this the retailer you bought from too ...

That rug there all sweeping under is not that big for everybody to use...

Stick to your guns ....
 
harney said:
They are wrong to counter act saying the card is fit for purpose ....Unfortunately the card is not designed as originally intended
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EVGA may have intended the VRM's on their cards to run a fair bit hotter than on their competitors cards, just to prove how good their RMA service is.
 
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harney said:
Nelly

You have every right to get the full amount back even the return postage you paid....

They are wrong to counter act saying the card is fit for purpose ....Unfortunately the card is not designed as originally intended pure and simple design issue's EVGA know this the retailer you bought from too ...

That rug there all sweeping under is not that big for everybody to use...

Stick to your guns ....
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If the VRM of that particular product does run within the normal limit of the op temperature then legally speaking it is "Fit for purpose".
 
with me often running a pc out of its case (lazy!) that video with the little fireworks scared me >.<
i know if running in a case the risk of fire or whatever is minimal but what if you benching and that firework hits u str8 in the eye!! lol i know its like a million to one but could happen! :p
 
deFiniLoGy said:
If the VRM of that particular product does run within the normal limit of the op temperature then legally speaking it is "Fit for purpose".
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What it boils down to is the Claim of % cooler and % quieter on the box and marketing blurb for ACX 3 vs ACX 2 arent met depending on what you do. % cooler isnt met if you dont appy any fix's and % quieter isnt met if you do the fan bios. Not saying these are bad cards all said and done but thats why no refunds in sau Aussie and NZ are being offered for regaurdless of age by retailors .
Personaly i've ordered the pads for mine as mines quiet enough for me and has no coil wine and i dont fancy being without a gpu for long
 
The story so far, had another reply back... lol :o
Nelly | Posted: 18th November 2016 said:
Dear *** *****,

Under the Consumer Rights Act 2015, I have a legal right to reject goods that are of unsatisfactory quality, unfit for purpose or not as described, and get a full refund

I returned the item due to the fact the item is of unsatisfactory quality and unfit for purpose. The reason being, the manufacturer in this case EVGA did not supply the graphics card with thermal pads installed. This results in the VRMs on the card itself running at temperatures beyond what is deemed safe. I did take this up with EVGA when requesting a full refund, but they said to me that the responsibility is with the retailer to provide a full refund.

I have proof of this with the following well known legitimate websites:
Having sent the product back, I noticed that I was given a refund today less 10% restocking fee, however, as mentioned, I am returning the item due to it being of unsatisfactory quality and unfit for purpose Under the Consumer Rights Act 2015. By law I am eligible for a full refund.
Retailer | Posted: 21st November 2016 said:
We are aware of the act but also EVGA has provided a fix for the issue in this case, Customer can request thermal pads to install and also cover the warranty should any customer make an error when installing, The card itself does work fine it is not unsafe, Whilst it does get hot it still operates normally and we had no issues during testing.

EVGA also issued a bios fix in regards to the temperature and settings, details here http://www.evga.com/thermalmod/

This card is not unfit for purpose.
Nelly | Posted: 22nd November 2016 said:
I would be grateful if you could return my restocking fee as I have already returned the product as it has a defect.

Unfortunately, like I previously mentioned, the item in question is still of 'unsatisfactory quality' regardless of the fact you argue the item is not unfit for purpose.

I should not have fix this myself, or as mentioned contact the manufacturer to repair/replace. My contract is always with retailer not manufacturer. By law I am eligible for a full refund under the Consumer Rights Act 2015, the item was less than 30 days old.
Retailer | Posted: 22nd November 2016 said:
As advised there is no fault with the card, it does work fine even with out the fix as explained, you also agreed to a re-stocking fee when raising the RMA, we wont be issuing a refund for the 10%.
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unsatisfactory quality is defined as something a resonable person would be happy with.

Would a resonable person be happy with the explanation that the card is of a satisfactory quality (i.e something most people would be happy to own) without the fix?


I think it would be unreasonable to suggest that.

If you were selling an unfixed card second hand I think it would be entirly unreasonable to expect the same price as a fixed version for example, as they are not of the same quality and I think most buyers would take that line.
 
p.s Evega clearly offered a fix. Why?

One suggestion may be that a 'resonable person' may have been unhappy with the quality of the card as it stood and evaga felt it had to provide something of a more satisfactory quality given the circumstances it found itself in.

I can't think of any other reason why it would offer a fix or has now modified the manufacture and sale of new cards to include the fix.
 
" a) Fitness for purpose
b) Appearance and finish
c) Freedom from minor defects
d) Safety
e) Durability


S.9(4) Consumer Rights Act 2015 - Can not use S.9 if the defect was bought to the buyers attention at the time the contract was made


s.9(5) Consumer Rights Act 2015 The quality of goods includes any public statement about the characteristics of the goods made by the trader or producer or their representatives.


The Acceptability Test – Applies to consumer transactions

The acceptability test looks at whether a reasonable purchaser would have accepted the goods at the same price had they known of the defect:"

I would not give up you are entitled to a full refund. I would also ask for the cost of postage as well. Give them seven days to respond then go to trading standards.

You have paid for an unsatisfactory product at an unacceptable price.
 
mikeo said:
Latest article coving this issue is now up on gamersnexus.net and it makes interesting reading (maybe not for the reason/s that some might think) :)

http://www.gamersnexus.net
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double edge sword that.

Failures not down to heat but being poorly made or sub par components. would actually rather it be due to overheating lol.

May do pads and Bios but it still could go pop

least they were honest eventually, and will have to work hard with the next series/Ti
 
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orbitalwalsh said:
double edge sword that.

Failures not down to heat but being poorly made or sub par components. would actually rather it be due to overheating lol.

May do pads and Bios but it still could go pop

least they were honest eventually, and will have to work hard with the next series/Ti
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Did you read the article?

It alludes to pretty much that the failure rate of the cards are the same as other manufacturers - websites down at the mo, but around 0.02% failure. Same as previous gens.

Any electronic product will have units that fail - if they fail accross the board (say one particular component fails in a large percentage of units) then that's a problem - if it's a small amount as in this case, and if you still want to worry, then you should about your mobo, psu, ram etc etc.
 
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