Faulty ATI 4890 seller will replace with ATI 5770

[muon]

Relevant point (I think??):

48C (3)

For the purposes of this Part, if the buyer rescinds the contract, any reimbursement to the buyer may be reduced to take account of the use he has had of the goods since they were delivered to him.

48B is also interesting.

edit:

I dont think 48C applies actually. Its all about 48B.

 

[welshdragon]

I would push for a replacement and surely as such a replacement should be of equal capability. I have a 5770 which although a good card is not as powerful as a 4890 is. 5770 is more on a par with a 4870 (ish). So they are essentially offering to replace it with a lesser product.

 

[^Andy^]

Simple answer NO DO NOT ACCEPT. The card is under warranty so you want it replaced with an equal or better card. If you have to then fire of a letter to the manufacturer and include details of what you have been offered. Don't let the store walk over you - the warranty has to be fulfilled and you should not be left out of pocket or with good of lesser value or function (which a 5770 would be on both counts).

 

[NqR]

the warranty has to be fulfilled and you should not be left out of pocket or with good of lesser value or function (which a 5770 would be on both counts).

5770 is not of lesser value and especially lesser function.

Anyway I think what the shop/seller offered you is pretty good. I mean £104 for hd4890?!! If I were in their shoes I would simply source a used 4890 for something like £60 and send it to you.

Imo get the £104. It's a great compensation for that card. Go buy your self maybe a gtx460 or 6850. Both will be faster, less power hungry and come with full warranty. Not to mention dx11.

 

[Dinkas]

Refuse the derisory refund and subpar replacement. Tell them you want either:

a. repaired 100% functioning card
b. replacement of equal value or equal performance
c. full refund

I would also probably hit a consumer forum for advice on what to do next, e.g.: http://consumeractiongroup.co.uk/forum/

 

[muon]

Can anyone decode what it actually says here. I've omitted the first part because I can't take such a large single screenshot, but all it does is say who this section is relevant for.

Notice that direct replacement of goods (literally like for like) is impossible as the 4890 is an EOL product. Therefore 48B(3) applies which says if cost of replacement is disproportionate in cost to appropriate reduction in purchase price, then 48C(1) applies. The store is allowed to reduce the purchase price, not necessarily all the way to zero, by what is "appropriate". The buyer can rescind the contract instead but 48C(3) makes it clear this doesn't result in a full refund.

 

[Amnesia]

take the 104 quid, shot an extra tenner in and buy this.

you get a free game with it too.

 

[Marine-RX179]

take the 104 quid, shot an extra tenner in and buy this.

you get a free game with it too.

That's whay I said at #18. But the problem is he's only get offered store credit, not cash...and so we have no idea what price are the GTX460 768MB at the store.

 

[Badfish]

Tell them you want a 5850 or 150 quid refund. They will probably give you the 150 quid, and then spend that towards a new card

 

[Skyrocket]

Hi im after some advice so thanks in advance for any reply.

I bought a ATI Sappire Vapour-X in december 09 for £164.99 and over a month ago i sent it back which the card was found to be faulty.
Yesterday i had a phone call from the place i bought it from,(the place where Gibbo use to work),and they offered me a ATI 5770 Sappire Vapour-X in its replacement which i think is unfair as i cant find any benchmarks that say that card is equal or better than the card i had.
They also offered me a refund but would deduct a usage charge for the time ive had the card which would leave me with £104 to spend at there store.

so what do you think about that and what would you do.
many thanks.

I am afraid that 4890 is equal to 5770.

 

[jigger]

A 4890 is quicker than a 5770 and a 5830.

 

[d_brennen]

It isn't though, is it? It was a top tier graphics card, he's being offered a mid range replacement.

Tbh for all the hassle i'd take the £104 and buy a replacement or put the extra towards a better card.

Warranty returns used to be so good, I returned an X800 and got an X1950pro many moons ago

 

[jms198]

I would try for the 460 768 tbh for about £10 more.

This depreciation is happening in a lot of places now unfortunately and it appears to be the norm.

It does not really seem fair. Someone pointed out in a thread somewhere that the item is rated to last x hours so by working out how long you have had it for in hours (y) and divide it by the given life of the item (x) and times by the price you bought it (P) for should give you a fairer compensation.

(X/Y)*p= refund amount.

This sounded much more sensible to me rather than the numbers given out by retailers.

 

[rounddodger]

+1 take the credit and run. It actually works out very good for you, a faster more capable gpu for twenty quid in return for a year old card. No brainer if you ask me.

 

[Phoenixdancer]

get the refund and then buy a 6850 or a 460 1gb mate

 

[mmj_uk]

That seems reasonable to me since the 5770 was the replacement for the 4890, it's not the retailers fault that it's slightly slower although it does have the added bonus of DX11.

If you can get a refund you may be able to buy a better card but you can't just show them some benchmarks and demand a faster replacement.

 

[kmufc77]

I agree get the refund and add a little more money and get a GTX 460.

 

[kmufc77]

I agree get the refund and add the money and get a GTX 460 or 6850.

 

[rolypolyman]

+1

 

[Ezyryder]

Don't accept in-store credit. You paid with cash didn't you? To be honest, the least hassle would be to get the £104 and buy the Asus 460 mentioned above.