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The AMD switch

doh if only id have gone to the page that the sticker mentions then i would already know the answer to my question.

support tab of previous link...:eek:

it clearly states that damages caused by using the card outside of the factory shipping setting is not covered by your warranty. so if you flip that switch and you then have problems with card you're stuffed.

No you're not. It doesn't work like that. It's like saying "We don't do refunds for anything, it's store policy *points to store policy on large wall banner*, it's there for everyone to see before they buy". That doesn't mean they don't do refunds, the law says they do, so they do refunds, they may not want to, but it doesn't matter.

The same way AMD can't claim your warranty is voided by using a feature they've included with the card, and advertised it. Why discriminate against the specifics of the features? It's no different to saying "AMD Eyefinity! Enjoy your games across multiple monitors! *Plug more than one monitor in to your graphics card, and you're not covered by warranty."

It doesn't matter what they say, if it breaks using a feature they included and that's all over the box, then it wasn't fit for purpose, end of.

A contract isn't legally binding just because it's a contract, they can have things in them that are illegal and would void the contract as unfair, it doesn't matter if you sign it if it's illegal and an unfair contract. This is essentially the same principles.
 
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Well that's interesting, but it does look like the sticker was removed intact, so maybe you could get away with it as long as you replace it for RMA.

It doesn't matter what they say, if it breaks using a feature they included and that's all over the box, then it wasn't fit for purpose, end of.

This makes sense, it sounds like one of the arguments used in the PS3 firmware lawsuit.
 
Well that's interesting, but it does look like the sticker was removed intact, so maybe you could get away with it as long as you replace it for RMA.

Makes no difference at all, they'll just have to hope people believe it and don't bother with an RMA, but it doesn't make it "legal" in any way. Plus, you have all your statutory rights with the retailer as well.
 
Yeah I get it, so it's some kind of scare tactic that holds no ground.
I can't imagine anyone who buys one of these would not flick the switch, otherwise it's a big waste of money...
 
Yeah I get it, so it's some kind of scare tactic that holds no ground.
I can't imagine anyone who buys one of these would not flick the switch, otherwise it's a big waste of money...

Rather than scare tactic, I'd say they're just trying their luck in the hope that saying it means some people may be put off inevitable RMAs. Maybe they expect a high RMA rate, and figure most people will be using the switch, so they can "refuse" them.
 
I would tend to agree it doesn't seem a very legal way of doing things, but then I'm no expert on legal matters, now if that sticker said "by removing this sticker you agree to void any warranty" then it would be OK but they way they have done it i really don't know.
of course AMD probably thought long and hard on how to word that particular piece of the terms and conditions, so they probably know what they are doings. but of course its always possible that they don't and it was written by some numpty in a suit.
 
I would tend to agree it doesn't seem a very legal way of doing things, but then I'm no expert on legal matters, now if that sticker said "by removing this sticker you agree to void any warranty" then it would be OK but they way they have done it i really don't know.
of course AMD probably thought long and hard on how to word that particular piece of the terms and conditions, so they probably know what they are doings. but of course its always possible that they don't and it was written by some numpty in a suit.

It still wouldn't, because it's a feature they're marketing. The switch is there as a feature they've included to sell the cards to customers. As I said, it's in no way different to saying "plug in more than one monitor and your warranty is void" and putting "warranty void if removed" stickers over all but 1 monitor outputs. It's for this very reason that we have so many consumer rights laws because manufacturers seemingly don't care about the end user, and their rights as much as they should.

Look at how many stores outright claim that they don't give refunds at all, under no circumstances. As well as being illegal to not give refunds under any circumstances, it's also illegal to state that they don't give refunds.
 
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I'm not sure your correct on that point kylew as if you removed a sticker that says warranty void if removed then you are agreeing with that when you remove it.

anyway its a moot point as that isn't what the sticker on the 6990 says.:)
 
It sounds perfectly right; a company should not be able to sell a product based on features they have included, only for you to find out that using those features voids warranty.
 
I'm not sure your correct on that point kylew as if you removed a sticker that says warranty void if removed then you are agreeing with that when you remove it.

anyway its a moot point as that isn't what the sticker on the 6990 says.:)

That's correct, but not in the the situation where the sticker was covering a marketed feature, like with my example on the monitor outputs. The sticker can't stop you using your card in the way they intended, so if they put such stickers on the monitor outputs, it'd be null and void.

For example, if they stipulated that they honoured warranties for people who change their heatsinks and fans, they then couldn't put a sticker on the card saying "warranty void if removed" over the screw holes you'd need to have access to, to swap the heatsink for a third party one. Well they could, but it'd be pointless because it's a contradiction, and the checkbox feature would take precedent.

Without such a feature (change your heatsinks) they are well within their rights to put such stickers over screw holes, or between the two halves of the graphics card casing, as swapping the heatsink isn't an intended use.
 
Again I'll point back to, AMD apparently aren't going to warranty AMD cards..... when was they last time you bought an AMD card, rather than a Sapphire, etc, etc.

People really can't sell things with an intended use, advertise the use, generate sales based of that advertising and then not honour the warranty for such use.

In the states its law that if you advertise it as such you have to warranty it for that use, I don't know the specific laws here but I'd assume something similar.

I'll also suggest this is again mostly, coupled with Gibbo saying they won't make many, and the price, and the scare of warranty is just AMD having an official just about in PCI-e spec version, they can sell a few to Dell whose users are unlikely to flip the switch anyway.

We'll see an Asus monstrosity version , 38 slots, 28 fans and with a insane, unheard of, 4Mhz overclock.

They'll offer warranties because they'll also release them as overclock versions with overvolting tools, etc, etc.

Thats life, AMD have no real interest in producing the cards long term so why make it an absolutely killer product.

Unfortunately there are two types of users, those who get good value out of buying new cards very close to release, getting full use out of it and selling around the release of the next gen cards. We often get stuck with crappy coolers, no overclocks, louder cards, etc, etc. The other type of user gets a card every 2-3 years, they don't rush to get one on launch, they'll get one 3 weeks before the next gen is out without a care in the world, and they'll also have loads of versions, overclocked, silent, watercooled, with games, with some other random extra, etc, etc.

The early adopters are a fairly small group and also less likely to give a monkeys about warranty anyway.
 
For example, if they stipulated that they honoured warranties for people who change their heatsinks and fans, they then couldn't put a sticker on the card saying "warranty void if removed" over the screw holes you'd need to have access to, to swap the heatsink for a third party one. Well they could, but it'd be pointless because it's a contradiction, and the checkbox feature would take precedent.

this is a much better example and I would have to agree with you there.

bottom line.... nobody is going to be stupid enough to spend that much on one of these when you can do better with two 6970(or even 6950s) for cheaper anyway so it really is a moot point.....:p:p:p
 
Rather than scare tactic, I'd say they're just trying their luck in the hope that saying it means some people may be put off inevitable RMAs. Maybe they expect a high RMA rate, and figure most people will be using the switch, so they can "refuse" them.

Now how woudl this work. Say you flicked a switch, the card had some problem and u try to RMA. They refuse saying you flicked the switch. How would you take it from there? Call them up and threaten legal action? Wouldn't your legal fees eclipse the cost of a new card?
 
Now how woudl this work. Say you flicked a switch, the card had some problem and u try to RMA. They refuse saying you flicked the switch. How would you take it from there? Call them up and threaten legal action? Wouldn't your legal fees eclipse the cost of a new card?

You could sue for legal fees.

@bells, i am annoyed because people who bought a card for less than me could have the same card as me. if AMD intended thus then it is rruly dissapointing. Even if my 70 has a bios switch WTF do i need it for? Can i unlock it to a 6990? Flash it to a 580?
AMD are happy to screw over customers who buy their best cards so i am
Movin to nv asap
 
Given that the 6970 is selling only around £30 higher than the 6950 now, it doesn't seem like they'd lose too much if they actually intended this. I don't think they DID, but from a market standpoint, it would be a good plan.

Maybe I'm just a bit poo at shopping around, but all the 6970s and GTX570s I've found so far have been a good £55-60 more expensive at least, which certainly (for myself at least) changes my buying habits.

AMD's motives do seem rather opaque with regards to unlocking and dual bios, but it is certainly moving interest away from Nvidia's GTX570, which has been rendered bad value for money by this card's unlocking abilities and price.
 
A manufacturer can say anything it likes about its warranty, the law still trumps it though. They could say "actually using our product for its intended purpose will void your warranty" it doesn't mean that's a condition of the warranty. They can't include features, but take away your warranty if you use them, it's farcical to even suggest that.
You seem a bit confused about the difference between statutory rights and warranties. You always have your statutory rights and nothing the manufacturer, retailer or anyone else says can change or remove those (indeed, a retailer suggesting that they can be removed is potentially committing a criminal offence). These statutory rights require that the product is as described, fit for purpose, suitably durable, etc. Public statements by manufacturers about the capability of the product will usually be considered to be relevant to the "as described" aspect.

It is important to note that your statutory rights are wholly with the retailer, you have no statutory rights with the manufacturer under UK law.

A warranty is something that retailers or manufacturers may, or may not, provide in addition to your statutory rights. If they do offer one then it becomes legally binding but only to the extent that the warranty specifies.

If they choose to exclude something from the warranty (eg use of the switch) then they may do so. But you still have your statutory rights and would be entitled to exercise them against the retailer should an advertised feature not work as described or cause a failure.
 
On the back of the HIS 6990 box it says:

Caution: Warranty void if end user dissemble the cooling fan and change card configurations. Features, pricing, availability and specifications subject to change without notice.

Does that mean if I enable overdrive just to change the fan speed I void the warranty?
 
Warranty void if end user dissemble the cooling fan and change card configuration
wouldnt of thought so as you havent done any of the above
you purchased one of these bad boys have you ?
 
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