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Problem with Graphics card

QUICKY

QUICKY

QUICKY

Associate
Joined
27 Dec 2007
Posts
18
Location
Northern Ireland
Help me out please.I installed a new gainward 260gtx golden sample in december 2009 purchased here at overclockers.Card in perfect condition and gave no problems.Two days ago there was a load rubbing niose inside the case,i looked around and found that one of the fans had cracked along the top were it joins the card and was starting to split and rub on the card casing.The other fan has a crack along the exact same place.Contacted Overclockers who tell me qoute " Fans dont crack and they have never heard of them cracking so my Warrenty is void ".Thats it no more help. No return to look at it nothing.
I am amazed at their attitude towards this as i have bought items from them before.This was not caused as they seem to think so by me, the card has never been touched since it was installed very carefully by me since late dec 2009.Thats only about 2 months.
I thiught more of this company help me please.
 
Thanks but then my warrenty is all over. This is it i have done nothing to the card it is as standard. Thanks any way
 
If OcUK deem that the warranty is over, your manufacturer likely will too. Though to be honest, I've never actually dealt with Gainward.

With regards to changing coolers though...so long as you put the original back on when you return it, they won't know you've changed it. ;)
 
FANS DO CRACK

plastic can become brittle over time or if manufactured wrong or if the fan is unbalanced correctly. ring them back up and tell them they are talking utter ****.

And if OCUK did say that too you i wil be buying my products elsewhere
 
Thanks again for you posts. Yes overclockers did say that and i have a return ema stating that. When i phoned i got the same response from the tech guys, i was shocked.When this is finally sorted out i will no longer be buying from them and so say all my online gaming friends who buy from them aswell.
 
QUICKY said:
Thanks again for you posts. Yes overclockers did say that and i have a return ema stating that. When i phoned i got the same response from the tech guys, i was shocked.When this is finally sorted out i will no longer be buying from them and so say all my online gaming friends who buy from them aswell.
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I would call them back in the morning and state you want an RMA i would even go as far as court action against them as that is ridiculous. Also they have no legal right to terminate your warranty without further investigation.I'm sure TS would love to hear about there customer service. can you post a pic of the cracks please
 
QUICKY said:


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I had a 80mm akasa fan that cracked in exactly the same place. It's a fault with the fan casing. You cannot crack them without applying extreme pressure to the fan it's caused by constant heating and cooling the fan is rubbing somewhere getting hot then cold then hot again that combined with the speed of the fan 3000-4000RPM eventually it turns brittle and cracks. Send it back to ocuk

edit on closer inspection of the pic it looks like the spindle has been pressing on the inside of the fan thats why it's cracked smack bang in the center and not anywhere else i cannot stress enough that this is a fan fault and needs to be sent back. call ocuk in the morn explain this to them send them the pics if they don't wanna know or try to fob you of i would seek legal advice.Let me know how you get on i have a friend who is a solicitor for no win no fee claims who could help you
 
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Thanks again for posting and giving me support and a few new things to help me sort this out.I will try tomorrow and ring customer services instead.I will post again with what they say.:)
 
Reply from Evoaddict on the forum rma returns.... I'm afraid that sort of damage is unusal and does not really happen. I cannot authorise a return on this item as the RMA department have already rejected it. I would recommend writing in the complaints section on the contact us page.

I have already filled in a complaint rma yesterdaybut nothing back yet.Rejected this and they havn't even seen the card.This is a nightmare .
 
QUICKY said:
Reply from Evoaddict on the forum rma returns.... I'm afraid that sort of damage is unusal and does not really happen. I cannot authorise a return on this item as the RMA department have already rejected it. I would recommend writing in the complaints section on the contact us page.

I have already filled in a complaint rma yesterdaybut nothing back yet.Rejected this and they havn't even seen the card.This is a nightmare .
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They are not allowed to reject an RMA or void a warranty unless the item has been seen in person. My lawyer friend has informed me that you should write them an official headed letter stating the problems and give them a resonable time to reply of 14 days. You must also state if they are not willing to see the card or even consider an RMA then you will seek legal advice and possibly action.

I know a lot about the trading industry especially warranties and Returns of faulty products i know my rights very well. If they do not accept a return or RMA or at least inspect the product then you have the right to a legal case against them. You could claim for loss of time for use of the item,phone calls,time spent sending e-mails and letters,any rma return postage cost and also a reimbursement which a court would see fit. They would also be liable to a fine for mispractice of statutory rights.

you won't get anywhere unless you take it further more and more companies these days are trying to fob off the consumer and getting away with it cause people don't know there rights and what they are entitled to.
 
Subject:

Sale of Goods Act, Faulty Goods.
Relevant or Related Legislation:

Sale of Goods Act 1979. Supply of Goods and Services Act 1982. Sale and Supply of Goods Act 1994. The Sale and Supply of Goods to Consumers Regulations 2002.
Key Facts:

• Wherever goods are bought they must "conform to contract". This means they must be as described, fit for purpose and of satisfactory quality (i.e. not inherently faulty at the time of sale).

• Goods are of satisfactory quality if they reach the standard that a reasonable person would regard as satisfactory, taking into account the price and any description.

• Aspects of quality include fitness for purpose, freedom from minor defects, appearance and finish, durability and safety.

• It is the seller, not the manufacturer, who is responsible if goods do not conform to contract.

• If goods do not conform to contract at the time of sale, purchasers can request their money back "within a reasonable time". (This is not defined and will depend on circumstances)

• For up to six years after purchase (five years from discovery in Scotland) purchasers can demand damages (which a court would equate to the cost of a repair or replacement).

• A purchaser who is a consumer, i.e. is not buying in the course of a business, can alternatively request a repair or replacement.

• If repair and replacement are not possible or too costly, then the consumer can seek a partial refund, if they have had some benefit from the good, or a full refund if the fault/s have meant they have enjoyed no benefit

• In general, the onus is on all purchasers to prove the goods did not conform to contract (e.g. was inherently faulty) and should have reasonably lasted until this point in time (i.e. perishable goods do not last for six years).

• If a consumer chooses to request a repair or replacement, then for the first six months after purchase it will be for the retailer to prove the goods did conform to contract (e.g. were not inherently faulty)

• After six months and until the end of the six years, it is for the consumer to prove the lack of conformity.
 
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in short they have to prove the good were not faulty at time of purchase before they disregard the warranty and they can't do that until they at least see the item so they are indeed breaking the sales of goods act
 
Cheers for that.I had already contacted my local consumer help and they told me the same as you have posted.I have a letter allready written but mine says about the about the sales of goods act 1979(as amended).They have told me the same about goods bought that are upto 6 months old and that they tried to fob me off with me going direct to the manufacturer instead of dealing with them.My letter will be posted by recorded delivery tomorrow morning and have gave them 7 days to respond.I have requested a full repair,replacement or full refund.Hope this gets them to start moving on this complaint. I also will contact my visa card company if i get no satisfaction.Thanks again for all your help it is greatly appreciated.Hears hoping!!!
 
Hey mate been in touch with RJK in the rma and returns private section. he said to post a web note on the RMA/returns sections and he'll talk to you about it as he can't really deal with me as i'm a third party
 
Thanks m8 i did that a couple of days ago but the response was that because RMA had allready deemed my warrent void they could do nothing for me.
I sent a letter of complaint by recorded delivery and low and behold i got an email from them asking for photos of the card.At least we r starting to move in the right direction.
Thanks again, i will see what happens next.
 
Well just to update.After the recieved the photos of the cracks on the fans they contacted Gainward who said they would fix it.So its on the way to them to be fixed.Took a bit of time and hassle and a letter of complaint to Overclockers for them to move on this but at last its moving.
Just a matter of waiting for the card to be returned.
 
QUICKY said:
Well just to update.After the recieved the photos of the cracks on the fans they contacted Gainward who said they would fix it.So its on the way to them to be fixed.Took a bit of time and hassle and a letter of complaint to Overclockers for them to move on this but at last its moving.
Just a matter of waiting for the card to be returned.
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:D well done the time and effort paid off let me know how things go
 
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