Lexar Memory Card Issue

Radio01

Hi Guys

Im looking for some help and advice regarding a memory card that I purchased from new a little over a year ago. The card has stopped working and needs to be replaced. Not only is the card under 2 years old, so is still within EU consumer law timeframe (from what I understand) it also has a life time manufacturers warranty.

The problem I have is the card is made by Lexar, who have just recently just ceased all consumer departments. I believe their mother company is called Micron and this is where they are now focusing their efforts. Any way, the problem I now have is that they cannot replace the card as they no longer stock or manufacture it. So they are offering me a refund of what I paid for it. The problem is that when I paid for the card, I paid 400 pound. The card now sells online for 650 pound.

I simply just dont see this as good enough, the card is faulty and I want it replaced as per the contract I was buying into when I saw it had a 'Lifetime warranty'. I do not want the money back that I paid for the card as it will still leave me 250 pound out of pocket when I have to buy a new one. (competitors cards are even more expensive) Im desperately trying to get the company to refund me the amount of money that it will cost me to buy/replace the card (650) the problem being that as its 250 more than I paid for the card, they dont seem to be budging. I just dont see it should be my problem, I bought the card with the confidence it had a 'lifetime warranty and would be replaced if it broke.

Where do I stand with all this guys? Any help woul be greatly appreciated

flashg67

Personally, I think getting the purchase price back from a company that no longer trades (as the same company it was when you bought it anyway) is a good deal and about all you can expect. I don't think you can enforce a contract if they're not, in effect, trading.

stuartJo1989

"EU consumer law"?

It would first depend on which country you purchased the item in. If you purchased it in the UK then you are covered by UK consumer law. If it was in France you'd be covered by THEIR laws. These 'local' laws tend to overrule any "EU consumer laws" which are in place.

Assuming you bought the memory card in UK (this site is kinda geared towards UK consumers) you have two options:

1. Pursue your UK consumer law rights with the company*

2. Contact the manufacturer (Lexar) and arrange for a solution. They are only bound by the terms outlined in your warranty and there may be exclusions. You don't have any "rights" against them. ALSO, if Lexar are out of business etc then technically Micron (a different company) may not have any legal obligation to deal with you and their offer may actually represent a goodwill gesture.


*Without going into too much detail but you are entitled to a refund, repair OR replace and I believe the seller gets to choose the remedy. As it is over 6 months the burden of proof is on you to show that it is inherently faulty, as apposed to you causing the damage. This may require a fault report. If the seller continues to dispute this then you can take them to small claims court and present your case.

Radio01

It says on their website that although they are no longer trading, all warranties will be upheld. Leaving me with a 250 pound deficit isnt really up holding a warranty?

dj1471

You are bound by the terms of the manufacturer's warranty, if it says they will offer a refund in these circumstances then that's all they have to offer. You're quite fortunate to be offered a full refund after a year.

Your legal rights are against the retailer rather than the manufacturer, so you need to talk to them. After 6 months they're within their rights to request that you provide an independent report showing that the fault was inherent at the time of purchase (e.g. a manufacturing defect). They may or may not ask for this. The retailer can offer a repair (probably not possible), replacement with an equivalent card assuming that a direct replacement isn't available, or a partial refund to reflect the age of the card.

stuartJo1989

Radio01 wrote: »

It says on their website that although they are no longer trading, all warranties will be upheld. Leaving me with a 250 pound deficit isnt really up holding a warranty?

The problem is that when I paid for the card, I paid 400 pound. The card now sells online for 650 pound.

You paid £400. You will get £400 back.

Where is this £250 deficit that you talk about?!

(are you Nigel Farage in disguise? :rotfl: #Brexit #NHS )

To be offered £400 for an item which cost £400 2 years ago is unbelievably generous.

Radio01

ha! Secretly toad man in disguise! In the fact that I now have to buy a new card. and they are 650 for a like for like replacement.

photome

Radio01 wrote: »

ha! Secretly toad man in disguise! In the fact that I now have to buy a new card. and they are 650 for a like for like replacement.

That's up to you what you do with the £400 , they are offering to pit you back to the position you were in before you bought the card, seems fair to me

neilmcl

dj1471 wrote: »

You are bound by the terms of the manufacturer's warranty

Precisely, and their warranty states "IN NO EVENT WILL MICRON CPG’S LIABILITY EXCEED THE AMOUNT PAID BY YOU FOR THE PRODUCT".

Fosterdog

What memory card is it? Just a generic search for Lexar memory card with price high to low brings up one at £1000, one at £750 and everything else is sub £500 but obviously that’s without being able to match it to the exact card. Maybe with different search terms you’ll find the same one at a lower price. It is highly unusual for something like this to cost that much more after a year, the speed technology is moving the prices come down quickly.

neilmcl

Fosterdog wrote: »

What memory card is it? Just a generic search for Lexar memory card with price high to low brings up one at £1000, one at £750 and everything else is sub £500 but obviously that’s without being able to match it to the exact card. Maybe with different search terms you’ll find the same one at a lower price. It is highly unusual for something like this to cost that much more after a year, the speed technology is moving the prices come down quickly.

Flash memory prices have increased over the past year due to shortage in supply as manufacturers switch from 2D to 3D technology. Combine that with a global increase in demand, particularly from China, and the fluctuation in sterling then I can understand why this has increased in price.