Only a partial refund within warranty?

The_Laughing_Man

[FONT=&quot]Hello everyone,

I'm having a spot of bother - this is one for you techies out there. I purchased a graphics card from overclockers.co.uk for £165.35. I received the item but within a year it had broken.

It was RMA'd and they said it was covered by the 2 year manufactures warranty and they sent it off to be replaced, now the manufacture XFX could not replace the card and gave a refund instead.

My sticking point is that Overclockers.co.uk gave me a partial refund - £110.00 when I rang up to find out why I did not receive a full refund they said it was dependant on the number of months I had left on my warranty with them.

I know consumer rights are rarely logical, but if Overclockers (through the manufacturer) were willing to supply me with a new card that is presumably valued at the full price I paid for it (as it was under warranty), then am I due a full refund instead of the partial one they have given me?

I hope you can help

Thanks in advance.

[/FONT]

4743hudsonj

This is allowed as you have had some partial enjoyment out of the item, i would however agree with the amout, their refund is basically saying the card should only last 3 years. Which is far too low, id be aiming for 5 years giving you a refund of around £132. This is under the sales of goods act.

Id just write back saying you understand their entitlement to allow a partial refund but you disagree with the amount and think that a card of that price should last longer than 3 years, then just state 5 years as a reasonable compromise and state the above amount for a refund.

jimbms

Had you demanded a refund instead of a repair or a new card I would have said yes you did have some use and only a partial would be right, but you was not given this option so they had the choice of, repairing it, offering you and equal or higher specified product or a full refund. They can only offer a partial refund if you refuse a repair.

4743hudsonj

jimbms wrote: »

Had you demanded a refund instead of a repair or a new card I would have said yes you did have some use and only a partial would be right, but you was not given this option so they had the choice of, repairing it, offering you and equal or higher specified product or a full refund. They can only offer a partial refund if you refuse a repair.

Thats incorrect and misguided, they can offer what remedy they want under SOGA, you can reject if you feel another remedy will not be more costly to the company however this is pretty hard to prove and a waste of time.

Darksun

What do the terms of the warranty say?

Under your statutory rights, they are able to give partial refunds, but anything in the warranty is in addition to your statutory rights.

The_Laughing_Man

Ok that is interesting, on another note XFX offer a 2 year warranty on all their hardware. This arguably means they do not expect it to fail within two years and as my card failed within the first year of the waranty I am due more money than they are offering or even a full refund. Ontop of the fact that, as some have you have said, I did not ask for a refund, I asked for repair.

4743hudsonj

The_Laughing_Man wrote: »

Ok that is interesting, on another note XFX offer a 2 year warranty on all their hardware. This arguably means they do not expect it to fail within two years and as my card failed within the first year of the waranty I am due more money than they are offering or even a full refund. Ontop of the fact that, as some have you have said, I did not ask for a refund, I asked for repair.

Well that all relies on the terms of the warranty, read it and see if they can give partial refunds.

The_Laughing_Man

I got this from their UK website, sorry for posting the whole thing here I just wanted others to see incase I miss something.

WARRANTY INFORMATION

XFX warrants that the Product shall conform to and perform in accordance with published technical specifications and the accompanying written materials, and shall be free of defects in materials and workmanship. XFX does not sell its Product directly to the consumer therefore the warranty for XFX Products remains the responsibility of your reseller where you purchased the Product.

This warranty offered by XFX to its Resellers is limited to the repair and/or replacement, at XFXs discretion, of defective or nonconforming Product, and XFX shall not be responsible for the failure of the Product to perform specified functions, or any other non- conformance caused by or attributable to: (a) any misapplication, modification or misuse of the Product; (b) failure of Customer to adhere to any of XFXs specifications or instructions; (c) neglect of, abuse of, or accident to, the Product; or (d) any associated or complementary equipment or software not furnished by XFX.

Should you experience any difficulty obtaining a fair and proper warranty service from any of our Resellers please do not hesitate to contact us via the Support Ticketing System where we will do our best to help you.

LIMITATION OF LIABILITY
EXCEPT AS EXPRESSLY PROVIDED HEREIN, XFX MAKES NO WARRANTY OF ANY KIND, EXPRESSED OR IMPLIED, WITH RESPECT TO ANY EQUIPMENT, PARTS OR SERVICES PROVIDED PURSUANT TO THIS AGREEMENT, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. NEITHER XFX OR ITS DEALER SHALL BE LIABLE FOR ANY OTHER DAMAGES, INCLUDING BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, WHETHER IN AN ACTION IN CONTRACT OR TORT (INCLUDING NEGLIGENCE AND STRICT LIABILITY), SUCH AS, BUT NOT LIMITED TO, LOSS OF ANTICIPATED PROFITS OR BENEFITS RESULTING FROM, OR ARISING OUT OF, OR IN CONNECTION WITH THE USE OF FURNISHING OF EQUIPMENT, PARTS OR SERVICES HEREUNDER OR THE PERFORMANCE, USE OR INABILITY TO USE THE SAME, EVEN IF XFX OR ITS DEALER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL XFX OR ITS DEALERS TOTAL LIABILITY EXCEED THE PRICE PAID FOR THE PRODUCT.

The part I find interesting i've highlighted, it doesn't mention anyway a refund offered in lue of not being able to supply a repair or replacement.

any thoughts?