RMA Problems *NOT OCUK*

Caporegime
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I'm not taking any sides in this just giving some information.

As if I browsed the internet for similar situations it seems a GTX580 is the replacement of choice from many manufactures and Inno3D themselves have replaced GTX480's with GTX580's.

Tomorrow I will give them options and lets see which one they take!.

Legally they're not obliged to replace the card with anything.

By offering a partial refund they have met their legal obligations.

How much the partial refund should be is between you, them and the courts if need be.


In the PC consumer market I do believe it is 6 years which was introduced couple years ago.

I don't believe that's law.

The law says consumers are able to pursue relevant claims for up to six years.

How long a specific product should reasonably last would again be a matter for discussion between the parties and if necessary a determination by the courts.

There's no blanket "6 years fits all" rule.
 
Can't type for toffee
Don
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Trading standards tend to look at the item itself the cost and judge the expected lifetime from that, as OP paid almost £400 then I agree with trading standards that this time frame is suitable, I still have a 9800Pro and a Voodoo 3 3000 that work! and they were nowhere near £400 lol.

they may also look at warranties being offered by competitors on the same items, many of which are 3 year and in rare cases those 5/10 year ones (or were they stopped).

The timeframe they've replied in also is not acceptable, Trading standards would probably latch onto this too.

The £53.99 they've offered you is an insult tbh, how much do these cards go for 2nd hand? That would be a fair market value tbh.

I've a feeling this has more to do with the retailer than the supplier tbh heard a lot of bad things about them recently maybe they should be renamed to Scam IT.

Your only other option would be to speak to your card issuer about how they've broken the SOGa.
 
Soldato
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I don't believe that's law.

The law says consumers are able to pursue relevant claims for up to six years.

How long a specific product should reasonably last would again be a matter for discussion between the parties and if necessary a determination by the courts.

There's no blanket "6 years fits all" rule.

I firmly understand that to be the case. I'm sure I've had legal advice which says exactly that.

However you should be saying a graphics card should last 6 years, especially a high end one like that. People are still using 8800s and they're over 5 years old, and they're still capable. As I said above the warranty is completely meaningless and don't let it give any indication of the longevity of a product.
 
Soldato
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As to the T&C of the warranty, have you read those? Many of they do say if a repair is uneconomical then they'll offer a part refund.. but there's no harm in checking.
 
Soldato
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Think I've sussed out who this is. Rhymes with Stan?. Thanks for heads up, won't be using them! :D

Yes that's them, they don't have a patch on ocuk customer service, maybe ocuk was bad at some point even before I worked there but at the moment they are the top of their game.

the op should create a thread on hexus, we know how much in bed they are with each other, it might get more noticed on there. Then again it will just be deleted.
 
Soldato
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Ahhh, I see. I read the OP wrong to begin with then, thought it was bought out of the country, doh.

Write back to them and ask for this;

In writing.

I think that's a bad idea. I think you should be rejecting the warranty if it doesn't suit you, and going for the Sale of Goods Act which no matter what they feel like doing they cannot ignore or replace with a warranty.
 
Soldato
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I agree with surveyor, and think he has a better grasp on SOGA than other posters here.

I think there are breaches of SOGA (fix in reasonable time / partial refund based on fair use), but ultimately you have to get a judge to agree with you and that will take time.
 
Soldato
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To be honest, I think the OP has a better chance of asking for the card back (they should do this right?) and going direct to Inno3d, which would have a better outcome then these bunch of cow boys. I wish that basket ball stand cracked his crappy Nissan.
 
Caporegime
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I firmly understand that to be the case. I'm sure I've had legal advice which says exactly that.

However you should be saying a graphics card should last 6 years, especially a high end one like that. People are still using 8800s and they're over 5 years old, and they're still capable. As I said above the warranty is completely meaningless and don't let it give any indication of the longevity of a product.

Like I said I'm not taking sides on this.

I'm just trying to point out that this sort of matter wouldn't seem to be as black and white as is being made out.

It's not for you or me to say how long a product should last other than as laymen.

Ultimately if this matter ended up in court it would be for the court to decide.

If it stated somewhere in the law that a certain product should last a cetain number of years then I've not seen this legislation stated.

Perhaps you can point out the specific legislation?

The Sale of Goods Act 1979 states:

14(2) Where the seller sells goods in the course of a business, there is an implied term that the goods supplied under the contract are of satisfactory quality.

14(2A)For the purposes of this Act, goods are of satisfactory quality if they meet the standard that a reasonable person would regard as satisfactory, taking account of any description of the goods, the price (if relevant) and all the other relevant circumstances.

14(2B) For the purposes of this Act, the quality of goods includes their state and condition and the following (among others) are in appropriate cases aspects of the quality of goods— .

(a)fitness for all the purposes for which goods of the kind in question are commonly supplied,

(b)appearance and finish,

(c)freedom from minor defects,

(d)safety, and

(e)durability.

There's a 6 year limit for bringing a claim in the County Court.

If it ever got that far then it would be for the court to decide what "a reasonable person would regard as satisfactory".

You, me, the buyer and the seller may all have different opinions on that and I can't see any legislation to say a certain product should last a certain number of years.
 
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Soldato
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To be honest, I think the OP has a better chance of asking for the card back (they should do this right?) and going direct to Inno3d, which would have a better outcome then these bunch of cow boys. I wish that basket ball stand cracked his crappy Nissan.

Sending the card back to china?!

If anything he should ask the competitor to send it to them for him, although I wouldn't be surprised if they got a 580 back, kept it and gave the op that EVGA 480 :rolleyes:

As for warranties, what's the point of havin them if you can't get a fair replacement. I was under the inoression that a warranty is a period of time the manufacturer guarantees the product to work and should it fail within that period they should get a like for like replacement. I thought the partial refund only applied out of warranty.
 
Soldato
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Can you enlighten us as to the legislation on that?

Presumably that means OcUK will accept claims for 6 years after you've sold an electrical product?

I guess they would if a customer actually could be bothered to try it! Although I suspect they'd essentially just be giving the customer a tenner due to the depreciation after so long! :p
 
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