QLD Nvidia Graphics Card Refund

[glen983]

hi,

i purchased a high end nvidia graphics card in april 2015 from Computer Alliance in mt gravatt for $525 it came with a 3 year warranty and as i was purchasing a product from a reputable company i expected the products lifespan would well exceed the manufacturers warranty period.

i returned the pc to place of purchase and they inspected the pc and diagnosed the card as faulty, they told me they would return it to nvidia who would in time repair or replace the card. i asked to speak with someone about a refund. the store assistant got the manager Ian, iasked if he was familiar with australian consumer law and he assured me he was. i requested a refund as i believe i should be entitled to one under the australian consumer law. he replied that there wasn't a chance and that it would be repaired or replaced. i explained to him that the card had suffered a major fault and i'd prefer not to wait for the replacement. he told me that it hadn't suffered a major fault until he "fails to replace or repair it". after continuing the conversation and becoming less and less confident in his knowledge of the acl he said if he was going to give me a refund for the card it would be pro rata and only a percentage of the card minus the value of the use i got from it.

i'm waiting for them to update me on the issue after the manufacturer receives it and i'd be grateful for any advice you guys can offer me for my next conversation with Ian

 

[Rod]

They can replace, repair or refund. Their choice.

If they don't repair or replace after a reasonable time then they should refund.

 

[glen983]

They can replace, repair or refund. Their choice.

If they don't repair or replace after a reasonable time then they should refund.

thanks for the quick reply Rod, i appreciate your answer but would you be able to clarify a few things that have led you to this conclusion as the wep pages i've been able to find lean towards this being a major fault and please set me straight if i am wrong but from what i've read a major fault should give me the choice of repair, replace or refund?

 

[Rob Legat - SBPL]

You can ask for a refund or replacement if there is a major problem. Whether or not there is a 'major problem' may be a sticking point.

Often with things like this, some testing is required to determine whether the fault is capable of being 'easily fixed'. If it is, it's not a 'major problem' and you're not entitled to a replacement or refund. With most computing products, a simple problem can lead to the whole item not working.

To test it, the item is returned to the manufacturer. The manufacturer is also entitled to check that the item has been used in the way it is reasonably expected to have been used. Damage caused by unreasonable use is not subject to the consumer guarantees.

As much of a pain as it is (and I know, I've been in your position), the best thing for you to do is wait for a response from the manufacturer.

 

[glen983]

thanks Rob,

i've been told by the store it's usually a 3 week turnaround with the cards after they're returned to the manufacturer so it will be expected to take around a month from me dropping it off at the store, this is the main reason i was interested in refunding (i doubt my Rust base survived 3 days without me).
what you've said does make sense though as i understand they cant just accept and refund goods without inspecting them.

i'll keep you updated... hopefully soon

 

[Rod]

Even with a major failure the manufacturer does not automatically have to refund. The manufacturer always has the choice of remedying the defect. The ACL is a little more nuanced than most people understand.

The reason most people hear of 'major failures' is on cars. Many major design problems cannot easily be remedied in which case a refund is the only way out. For other items that failed, but not because of a design flaw, and they are easily replaced, the manufacturer can elect to repair or replace in a reasonable timeframe.

A few sections of the ACL have to read together to understand what remedy can be used in which situation.

 

[457Visafraud]

i was purchasing a product from a reputable company

A reputable company must either replace or refund on the spot.
When a company pretends to send a component to the manufacturer for inspection, it means they are dodgy, they are NOT retailers, they have no stock, they are misleading you.
Within 7 days from the date of purchase you have the right to have the issue resolved.