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post #61 of 117
Quote:
Originally Posted by Blue Destroyer View Post
only with some companies do you void the warranty using a water block, and alot dont care UNLESS it caused the direct problem, which this didnt. His card is designed to be able to be used at 100% load, he used it at 100% load and it failed, thats not his problem, thats a DEFECT. Stop trying to be all high and mighty and blame the user for a defect that the manufacture is in control of.

When i was having temp troubles with my sapphire 4850x2 2gb, sapphire told me to take off the cooler, check the tim and replace it and if need be, THEY SENT ME LINKS TO A AFTERMARKET COOLER..granted this was after 3 RMA's, and over 7 months trying to get the card to not load over 100C anymore but you get the pic.
There's a difference between normal every day 100% load and extreme burn in mode...
post #62 of 117
Quote:
Originally Posted by scatteh316 View Post
Of course they change, The way repairs/refunds and exchanges are handled is very difference after the first 6 months.

So you telling me If I buy a couple of ATI 6990's from Spain and they go faulty 18 months later and they can't repair or replace them I can have a straight refund of the full amount I paid?

NO.....

The only time you're entitled to a full refund is if the retailer offers it. You as a consumer can't flat out refuse a replacement to have a refund. It doesn't work that way.

After the first 6 months the retailer has more say over the consumer.

Consumer : Is my card fixed?
Retailer : No I'm sorry we were un-able to repair your card and can't replace it like-for-like as it's no longer in production. But we can offer you a brand new ATI 6850 to the current value of the 5870 that has broken.

CURRENT VALUE.... That's a very important word.

In other news I might buy a sports car in Spain, Run it to the ground and take it back in 12 months and tell them I want a full refund.

It doesn't work... I've spent enough time as a customer service assistant at PC World to know the laws.
Hah! A customer service assistant? (PC World is the UK equivalent of CompUSA or Best Buy for our American friends) It's not surprising you don't have much grasp of what you're talking about, especially with regards to customer's rights.

If the product cannot be replaced or repaired (as you stated), then you absolutely DO have the right to a full refund. You paid for a product, you don't have a product, you deserve your money back as the contract you had has been frustrated.

But that isn't the same as having the right to demand a full refund - you only have that if that manufacturer offers you the refund or cannot otherwise fulfill their side of the contract.

And the current value of either component is irrelevant - what is important is the performance and/or capabilities of that product. In this instance it is reasonable to expect a 6870, as that is the most similar card available. Pushing for anything higher is unlikely to help matters (and may be counterproductive to your case). A slower card, regardless of it's current value, is not a reasonable replacement and so is not fulfilling the original contractual agreement.

(again this is UK law, but from the previous posts it seems Spanish law is very similar on this matter, as will most of the EU state's legal rights).
Edited by the_beast - 4/13/11 at 10:37am
post #63 of 117
Quote:
Originally Posted by scatteh316 View Post
Of course they change, The way repairs/refunds and exchanges are handled is very difference after the first 6 months.

So you telling me If I buy a couple of ATI 6990's from Spain and they go faulty 18 months later and they can't repair or replace them I can have a straight refund of the full amount I paid?

NO.....

The only time you're entitled to a full refund is if the retailer offers it. You as a consumer can't flat out refuse a replacement to have a refund. It doesn't work that way.

After the first 6 months the retailer has more say over the consumer.

Consumer : Is my card fixed?
Retailer : No I'm sorry we were un-able to repair your card and can't replace it like-for-like as it's no longer in production. But we can offer you a brand new ATI 6850 to the current value of the 5870 that has broken.

CURRENT VALUE.... That's a very important word.

In other news I might buy a sports car in Spain, Run it to the ground and take it back in 12 months and tell them I want a full refund.

It doesn't work... I've spent enough time as a customer service assistant at PC World to know the laws.
Jesus I didn't want to come to this point, but here we go. I worked for a distributor of computer parts for 5 years doing RMA. And I really know how things work here. THE CURRENT VALUE you scream that is very important, only takes into account, where the card WAS ALREADY REPLACED and faced another problem, and BOTH PARTS agreed to get a compensation of the money.
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post #64 of 117
Quote:
Originally Posted by scatteh316 View Post
There's a difference between normal every day 100% load and extreme burn in mode...
100% load is 100% load...unless there is now some new 101% load i dont know about...unless it was overclocked, or overvolted, there is nothing he can run that can make the card perform out of normal specs...which is what you are implying, that extreme load makes it run hotter then any other 100% load.
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post #65 of 117
Quote:
Originally Posted by scatteh316 View Post
Of course they change, The way repairs/refunds and exchanges are handled is very difference after the first 6 months.

So you telling me If I buy a couple of ATI 6990's from Spain and they go faulty 18 months later and they can't repair or replace them I can have a straight refund of the full amount I paid?

NO.....

The only time you're entitled to a full refund is if the retailer offers it. You as a consumer can't flat out refuse a replacement to have a refund. It doesn't work that way.

After the first 6 months the retailer has more say over the consumer.

Consumer : Is my card fixed?
Retailer : No I'm sorry we were un-able to repair your card and can't replace it like-for-like as it's no longer in production. But we can offer you a brand new ATI 6850 to the current value of the 5870 that has broken.

CURRENT VALUE.... That's a very important word.

In other news I might buy a sports car in Spain, Run it to the ground and take it back in 12 months and tell them I want a full refund.

It doesn't work... I've spent enough time as a customer service assistant at PC World to know the laws.
Please, read or ****. The only difference between the first 6 months and later on is that unless proven otherwise the deffects are supposed to come from the fabric and not from its use, but nothing else, you get the same repair-or-subsitution choice (unless one is heck more expensive than the other).

And yes, damn it, if you bought 2 x GTX590 today and within 23 months they stop working and, somehow, NVIDIA does no longer exist yes, you are entitled to get a full refund as the cards can't be repaired nor changed for new ones (you would have to state the only NVIDIA works for you because of CUDA or whatever).
It would be the same if my GTX295 that has 1 month of warranty left stops working: I won't accept anything below a GTX480/GTX570 because legally I don't have to, and I could even get more If I could provide proof that the GTX295 is more powerful than does cards for whatever I use it for (I don't know, folding, gaming...you name it).

Its obvious that the full-refund is barely ever offered because its most of the time the worse choice for the vender-distributor but sometimes they have to (yes, you CANT chose it directly, but its the default choice when there is no other. And no, you can't return a car for refund no matter if it has 2 days or 500): when the product is very especific and they no longer make, it for example. That would be the case if you bought a DFI P55 mITX motherboard: I don't think there are any other P55 mITX motherboards in the market, so you can't get a new product that is 99% equal to the one you had nor it can be fixed. So, full refund.

Please, stop confusing people about current value. That figure is NEVER MENTIONED in the full text I quoted. So, legally it does not exist.
Edited by prava - 4/13/11 at 10:41am
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post #66 of 117
I'll bet whatever you want he'll get another HD5870 or better card, but not worse

@scatteh316, you really think you know better about Spain's law rather than people living in Spain?

Seriously...
    
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post #67 of 117
Quote:
Originally Posted by scatteh316 View Post
Instead of shouting lets just wait and see..

He will not get a 6950... if he plays his face and complains at most he'll get a 6870.
laws are simple, they will either refund him, or give him a better card...
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post #68 of 117
You got screwed over buddy.

You should have said I that you wanted a card with equal or better PERFORMANCE instead of value.

When I sent in my 2GB 5870, I got a 2GB 6950 in return from Sapphire.

In this case, you should at least get a 1GB 6950.
post #69 of 117
Quote:
Originally Posted by scatteh316 View Post
Of course they change, The way repairs/refunds and exchanges are handled is very difference after the first 6 months.

So you telling me If I buy a couple of ATI 6990's from Spain and they go faulty 18 months later and they can't repair or replace them I can have a straight refund of the full amount I paid?

NO.....
Yes, I am. That is how I understand what Prava wrote and I know that's how the Danish law works. If the manufacturer can't replace the product or repair it, you are entitled to a full refund or, if the damage hasn't broken the item completely, a price discount.

Quote:
Originally Posted by scatteh316 View Post
The only time you're entitled to a full refund is if the retailer offers it. You as a consumer can't flat out refuse a replacement to have a refund. It doesn't work that way.

After the first 6 months the retailer has more say over the consumer.

Consumer : Is my card fixed?
Retailer : No I'm sorry we were un-able to repair your card and can't replace it like-for-like as it's no longer in production. But we can offer you a brand new ATI 6850 to the current value of the 5870 that has broken.

CURRENT VALUE.... That's a very important word.
Actually, Danish law says the value it had when you bought it, so yes, I am saying that they should replace it with something worth what he paid at the time. Whether this applies to Spain, I don't know.
Quote:
Originally Posted by scatteh316 View Post
In other news I might buy a sports car in Spain, Run it to the ground and take it back in 12 months and tell them I want a full refund.

It doesn't work... I've spent enough time as a customer service assistant at PC World to know the laws.
Rules for cars are different in Denmark. Probably are in other countries too as a car's value decreases the longer it goes. A used graphics card's value only changes according to the retail market, not how long it's been in use. Different things.


I'm confused as to why you keep denying what we say, your laws don't apply to us and vice versa. This is like arguing that I bought my CPU at a too high price because it was cheaper at Newegg. Doesn't apply to me, because US prices aren't the same.
Edited by B!0HaZard - 4/13/11 at 11:23am
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post #70 of 117
Thread Starter 
Hopefully they'll send in a HD6950 1GB/2GB, as they say they don't know when they'll get stock of my card.

I don't want to spend half a year waiting for a card that has been discontinued by Sapphire, you know. And then be refunded. No, I want a card and I need it ASAP.


@scatteh316: Seriously, get out of this post. Every time you open the mouth, God kills a kitten, and the guys at Customer Care here in Spain do a facetable and get a small cardiac arrest.

Difference between 100% load and Extreme Burn In? Lol? Dude, get your facts straight. The card was loading at 47ºC under Extreme burn in when it blew, and VRM heatsink was warm to touch. It's obviously a design fail, since I never overclocked the card.

To all guys giving their feedback: Thanks for your opinions, I now have better weapons to fight the evil distributor!!
   
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