Faulty ATI 4890 seller will replace with ATI 5770

[Cleeecooo]

"gently" remind them of the 1972 sale of goods law. They are required by law to give you something of similar value/performance as it was not your fault that the card malfunctioned. I'd say 5850/5830 minimum.

 

[deusexlumina]

You need to be a bit clearer and thorough in your communication with them or else you'll get nowhere.

 

[muon]

"gently" remind them of the 1972 sale of goods law. They are required by law to give you something of similar value/performance as it was not your fault that the card malfunctioned. I'd say 5850/5830 minimum.

The SOGA says that repair or replacement must be given. Replacement means the same product (another hd 4890). If this cannot be done then other avenues can be use, such as offering an alternative product. But ...

not if the cost is disproportionate to an appropriate reduction in price. The SOGA then goes on to say it is appropriate for use of product to be factored into the refund.

Look at the relevant section of the SOGA I put up above. This is my interpretation of what's written. I'm sure a lawyer could clarify what it says more precisely.

Them offering only instore credit seems wrong though.

 

[judmann]

ok everyone thank you for all you replys,once again overclockers forum users have been great,a lot better than on nova forums where only the techs and nova nerds answer saying 5770 is good deal.

I settled in the end for £104 + vat back which worked out to be about £124.

they did offer a 5830 when i mentioned it but to me its still under par compaired to a 4890,and also i would be no better of as i went out and bought a 460 Hawk for temp measures plus also i want to upgrade to a 580 or 6900 series which evers better.
i did ask for a 5850 but he laughed at me and said no way which i expected really, but im happy and also i dont have to spend in store,i paid in cash so i can pick the cash up tomorrow.

Thanks for all your help and comments.

 

[muon]

Well I'm sure you can appreciate that £124 back is very reasonable. It is wrong if they tried to push for store credit though.

 

[^Andy^]

ok everyone thank you for all you replys,once again overclockers forum users have been great,a lot better than on nova forums where only the techs and nova nerds answer saying 5770 is good deal.

I settled in the end for £104 + vat back which worked out to be about £124.

they did offer a 5830 when i mentioned it but to me its still under par compaired to a 4890,and also i would be no better of as i went out and bought a 460 Hawk for temp measures plus also i want to upgrade to a 580 or 6900 series which evers better.
i did ask for a 5850 but he laughed at me and said no way which i expected really, but im happy and also i dont have to spend in store,i paid in cash so i can pick the cash up tomorrow.

Thanks for all your help and comments.

I'm glad you got it sorted. Sounds like they were reasonable in the end. Out of interest do you have to give them the old card back?

 

[Marine-RX179]

I'm actually surprised that not only the OP got refunded £104, but plus VAT as well (total £124)

That amount is basically the same, if not more than the current average retail price of a new 4890. Granted that it's store credit not cash, but it still WAY better than the nightmare stories of people getting only offered refunding £110 for their borked 4870x2 which the etailar couldn't replace...

 

[oweneades]

"gently" remind them of the 1972 sale of goods law. They are required by law to give you something of similar value/performance as it was not your fault that the card malfunctioned. I'd say 5850/5830 minimum.

The sales of goods act also allows for the retailer to reduce any 'refund' proportionally to any usage the customer has received. In the case of the Op this would be nearly 11 months usage. The offer of £104 in this case is reasonable.

Replacement is difficult as the 4890 is now EOL (as is the 5830). They will provide something of equal value taking into account usage again.

You have the right to get a faulty item replaced or repaired, if you're happy with this (or if it's too late to reject it). You can ask the retailer to do either, but they can normally choose to do whatever would be cheapest.

Under the Sale of Goods Act, the retailer must either repair or replace the goods 'within a reasonable time but without causing significant inconvenience'. If the seller doesn't do this, you are entitled to claim either:

reduction on the purchase price, or
your money back, minus an amount for the usage you've had of the goods (called 'recision').
If the retailer refuses to repair the goods, you may have the right to arrange for someone else to repair it, and then claim compensation from the retailer for the cost of doing this.

You have six years to make a claim for faulty goods in England, Wales and Northern Ireland; in Scotland you have five years.

Above is taken from: Which SOGA

EDIT: Good to see the Op has got it sorted.

 

[judmann]

I'm actually surprised that not only the OP got refunded £104, but plus VAT as well (total £124)

That amount is basically the same, if not more than the current average retail price of a new 4890. Granted that it's store credit not cash, but it still WAY better than the nightmare stories of people getting only offered refunding £110 for their borked 4870x2 which the etailar couldn't replace...

i can collect the cash from today as i paid in cash thats what they told me.

I'm glad you got it sorted. Sounds like they were reasonable in the end. Out of interest do you have to give them the old card back?

i sent the card back,which they tested and was found to be faulty,so they then sent it off to sapphire about 5 weeks ago.