The Nvidia Defect Forum

Hi folks!

Cannot say just how happy I am to have come across this forum - brilliant!

I have a Tosh Qosmio G30-102. It's lasted well (until November last year) mainly due to my very light useage I suspect, but is barely useable now. Lines down screen, characters on start up - that's with the gpu drivers uninstalled.

Time to get Toshiba to respond I think! And to think I was going to give up and just replace my machine...

You'd think if they cared about their reputation they'd have the decency to get in touch and offer any repair, rather than us having to squeeze it out of them..?

Thanks anyway all.

Ben

Hello Ben and welcome to our forum.

Sorry to hear that your laptop has failed.

When you contact Toshiba they may tell you that your laptop is out of warranty and that there is nothing that they can do. You should tell them that the warranty status is irrelevant as you have six years from the date of purchase in which to bring an action against a retailer when the goods in question are inherently defective.

They may then offer you a free repair.

You should tell them that you will only accept a repair if they are prepared to give you a written guarantee, on their company headed paper, that states the following:-



If they are not prepared to offer the above guarantee then you should refuse any offer of a repair and you should tell them that unless they comply and either offer a replacement laptop or a refund then you will have no option but to sue them in the Small Claims Court.

There is a step by step guide on this forum that will help you reach a positive resolution and that is here:- post13.html#p13

If you follow my advice in that guide then you will be successful.

If you have any questions or if you need any advice then please let me know.

Once you have replied to my reply I will detach this part of the thread from the original thread and will move it to the main forums so that your case is kept separate from the original thread.

Good luck and best wishes

Paul
The Admin Team

_________________
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Calculate the minimum refund that you would be entitled to.
FAQ's
Why you should not accept a repair
Links to evidence
What is the Nvidia Defect?
Step by step help to getting a refund
Do you need an engineers report?
=======================================================

If you like what you see on this forum and would like to help then please post links to this forum in other forums or blogs. The more people we can help the better.


Please note that I am not legally qualified and I only offer my own personal advice. You are advised to seek professional legal advice for formal clarification of advice I give.

Hi Paul, and many thanks for your quick response!

I'll be in touch with Toshiba asap and will let you know how I get on. Where best (which topic?) to keep you updated?

Thanks again

Ben

Called Toshiba. Denied there is a problem and that my machine is out of warranty therefore no 'goodwill repair' can be made.

I talked confidently about the knowledge on the issue (gained from this site) etc and that I had 6 years from purchase to claim against a breach of my statutory rights etc. The guy in customer service then said he was filing a complaint as such and that I should hear back from them in two working days.

Watch this space!

Hello BenK

It never ceases to amaze me how these so called Customer Services reps try every trick in the book to fob you off only to change tack once they realise that the customer knows the law and isn't going to be fobbed off.

Fingers crossed for when they contact you and if they don't offer a positive resolution then you should file a small claims action and should sue them.

Don't let the size of them put you off. At the end of the day you are in the right and they are in the wrong.

Their position is indefensible and they should know it.

Best wishes

Paul
The Admin Team

_________________
=======================================================
Calculate the minimum refund that you would be entitled to.
FAQ's
Why you should not accept a repair
Links to evidence
What is the Nvidia Defect?
Step by step help to getting a refund
Do you need an engineers report?
=======================================================

If you like what you see on this forum and would like to help then please post links to this forum in other forums or blogs. The more people we can help the better.


Please note that I am not legally qualified and I only offer my own personal advice. You are advised to seek professional legal advice for formal clarification of advice I give.

Well, I received a call from Toshiba customer services last Tuesday saying they would like to collect my machine for their engineers to look at. I informed them that it is my duty to produce an engineers report independently and that I was wary of leaving it to their own engineers, mainly due to the chap with recent success' story - 'dust, fluff and nicotine' etc.

I've been away from home with work and said that I'll call them back after I've thought about the correct course of action.

So now I've a question; do I leave my machine in their hands, or do I have a report produced independently? Hmm... I'm guessing the latter, though I did read on here somewhere that manufacturers can claim the report is irrelevant and take it in for their own check anyway..??

Still, progress of sorts!

Ben

Hello Ben,

You are always advised to have a report produced independently as this would put you in a much stronger position should the retailer fail to confirm that the laptop is inherently defective from their own inspection.

Toshiba have rejected a number of laptops due to dust/dirt and in one case tried to claim that nicotine stains were contributory to the failure.

Once you have the report you should send Toshiba a copy. At that point they can, if they so wish, inspect your laptop to confirm the findings of the report but you will find that you will reach a positive resolution more easily this way.

I hope the above helps.

Any questions please let me know.

Best wishes

Paul
The Admin Team

_________________
=======================================================
Calculate the minimum refund that you would be entitled to.
FAQ's
Why you should not accept a repair
Links to evidence
What is the Nvidia Defect?
Step by step help to getting a refund
Do you need an engineers report?
=======================================================

If you like what you see on this forum and would like to help then please post links to this forum in other forums or blogs. The more people we can help the better.


Please note that I am not legally qualified and I only offer my own personal advice. You are advised to seek professional legal advice for formal clarification of advice I give.

Any updates? I've got the same laptop and am looking at my options. Toshiba Australia flatly said they won't full cost of repair due to the age of the laptop (brought August 2007), paying for a new GPU unit only and I pay the labour.
Strangely enough though, Toshiba said they'd installed non-faulty chip in my machine when it broke in June 2009...and now the same thing has broken again! I'm weary of they repairs now...and as annoying the thought of independent engineers reports and possible small claims court is, I'm leaning towards it. The Toshiba rep says the machine has had a good life, my argument, does Toshiba think a machine that breaks down every 1.8 to 2 years is a success?
Okay...back to reading pages and pages of this site and digest the info to make my next move...

Hello Matt,



I agree with you, which is why I recommend that a repair should only be accepted if the retailer is prepared to issue a written guarantee as I recommend.

How on earth can the Toshiba rep state that your laptop has had "a good life"? A laptop should last at least five years and anything less is wholly unacceptable.

Don't let them fob you off. Stand your ground, be persistent and fight to the bitter end and you will be successful.

Fingers crossed for you.

Best wishes

Paul
The Admin Team

_________________
=======================================================
Calculate the minimum refund that you would be entitled to.
FAQ's
Why you should not accept a repair
Links to evidence
What is the Nvidia Defect?
Step by step help to getting a refund
Do you need an engineers report?
=======================================================

If you like what you see on this forum and would like to help then please post links to this forum in other forums or blogs. The more people we can help the better.


Please note that I am not legally qualified and I only offer my own personal advice. You are advised to seek professional legal advice for formal clarification of advice I give.

Well hi folks! Been a while so thought I should update...

Paul; you were correct - my laptop, tested and confirmed as faulty by yourself, recently failed again after your testing method provided a temporary fix.

So last week I got back in touch with Tosh head office, used my old case reference number and even spoke to the same girl (Chloe). She arranged collection of my machine on Monday (with which I included a copy of the engineers report, but no letter before action) and today I had a call back.

She confirmed that Toshiba found the problem to be the GPU and they would offer a goodwill 'fix' foc. Although she did point out I needed a new battery and that would be £77! Of course, I went on to say that I would only accept repair if they would provide me with the written gaurantee of defect-free GPU. She said this was not likely to be provided but that I should send her a copy of the statement and she'd run it by her manager and legal department. Which I did, along with some case outline text lifted from these forum site help guides.

So I await their response!



Have you had any further joy aus.matt?

Ben