The Nvidia Defect Forum


The UK's Only Dedicated Forum For Owners Of Laptops Crippled With The Nvidia Defect.


Defective Nvidia GPU? - HP Nvidia Defect? Blank Screen problems? Laptop Display Problems?
Laptop hot/overheating? - Laptop can't detect wireless card?

Do you own a laptop with the same/similar problems? Don't worry - we can help!

Get all the free advice and assistance you need to secure a refund/replacement for
laptops with inherently defective Nvidia GPU's here at the Nvidia Defect Forum.




It is currently Sat Dec 16, 2017 8:46 pm

All times are UTC




Bookmark and Share



Click here to view the CEO of Nvidia admit to the defect in their GPU's.


The truth cannot stay buried forever!


Click here to instantly calculate the minimum refund you would be entitled to.


*NEW* Help For Retailers - Does The Customer Have Rights?


Note to Manufacturers And Retailers - The Truth Will Set You Free!



Ucan Reuse IT - www.ucanreuseit.co.uk






Post new topic Reply to topic  [ 32 posts ]  Go to page 1, 2, 3, 4  Next
{ VISITS } Views: 22184  Favorites Favorites: 0  Followers Followers: 1 
Followers: scotthunter
Author Message
PostPosted: Thu Apr 19, 2012 11:16 am 
Offline

Joined: Tue Apr 17, 2012 11:26 am
Posts: 16
Laptop Make: Sony
Model: Vaio FZ21s
Graphics Card: 8600M GS
Purchased From: High Street Store
Amount Paid: 0
Date Purchased: 02 Sep 2007
Date Failed: 22 Mar 2012
Scott Hunter
******** Avenue
Torquay
TQ1 ****


Mr Robert Francis James Darke (Managing Director)
Comet Group Ltd
George House
George Street
Hull
HU 1 3AU

19th April 2012


LETTER BEFORE ACTION

Dear Mr Darke,

Further to my recent communications with yourselves regarding the inherently defective laptop you sold me, please find herewith photographic evidence of the fault which has recently manifested itself. As you can see my laptop is exhibiting the same problem as many other laptop owners with the same NVIDIA GeForce 8600 series graphics cards have experienced, with random green and pink horizontal and vertical bars and zig-zags being displayed immediately upon start-up. The issue is clearly attributed to a defective NVIDIA graphics processing unit (GPU). The problem would have existed from the date of purchase but due to the nature of the defect it has taken four and a half years to manifest itself as a perceptible fault.

When I attempted to discuss the matter with one of your customer service assistants at the Torquay store where the laptop was purchased, I was told that laptops “are only expected to last two to three years”. Would the customer service assistant have told me this when I was considering purchasing the £899 laptop in September 2007? I think not.

I spoke to someone in your Services and Support call centre on the 18th April 2012 who told me that I could send my laptop to you for inspection in return for a fee of £79.95. Are you aware that it is an offence to try to charge customers for a repair to a laptop that you know is inherently defective?

NVIDIA admitted in a press release in July 2008 that a problem existed with “weak die/packaging material set in certain versions of its previous generation GPU and MCP products used in notebook systems”. Sony have also admitted that some of their notebooks may be affected, stating in a press release in March 2009: “Sony has now determined that a very small percentage of VAIO computers with the NVIDIA graphics chips may experience this issue. These PCs may exhibit distorted video, duplicate images or a blank screen due to failure of the NVIDIA graphics chip”. My particular laptop, the VAIO VGN-FZ21S, is quoted as being one the affected models. Copies of both press releases are enclosed with this letter.

I would like to point out that I only discovered these statements by NVIDIA and Sony after I investigated this problem when my laptop failed. At no point during ownership of my laptop was I contacted by Sony to inform me that my laptop was one of the models affected.
As you will see, the statements by Sony and NVIDIA along with the photographic evidence provided which demonstrates my laptop’s inherent fault proves unequivocally that my laptop has failed due to the known issue described in the press releases that accompany this letter.

May I remind you that under the UK Sale of Goods Act 1979 Comet, as a retailer, have a legal obligation to ensure that a product sold is free from inherent defects for up to six years from the date of purchase. This is an implied term of the contract into which you entered at the time of purchase. Since this defect manifested itself after only four years from the date of purchase, Comet have a legal responsibility to provide a replacement laptop of the equivalent modern specification, or provide a refund. Failure to do you would mean that you are in breach of this legally binding contract.

I have already been in contact with BBC Watchdog regarding this issue and they are very interested to investigate the matter further. An amicable outcome would therefore be preferable for both parties as I am sure that as a reputable retailer you would want to avoid a high profile investigation of your illegal company practices.

I appreciate that you did not knowingly sell me a defective laptop but I now expect you to remedy this situation without further delay.

I enclose herewith a copy of the purchase receipt along with photographic evidence of the fault, company statements from NVIDIA and Sony admitting the fault, and the laptop’s serial number. If you request that I also need to provide an independent engineer’s report to prove the inherent defectiveness of the laptop this can easily be obtained; however be aware that you will eventually have to reimburse me for the cost of this (about £65) as it will be considered a consequential loss for which you will be liable under the Sale of Goods Act 1979.

Please be aware that this is the last communication that you will receive from me.

If I do not receive a positive resolution from you within seven business days from the date of this letter then I will have no hesitation in instigating legal proceedings against your Company through the Small Claims Court on the grounds that the laptop is not of satisfactory quality in consideration of its price and age. Copies of all correspondence between myself and Comet will be retained for legal purposes.

In this matter time is of the essence as I rely on a laptop for business and this issue has already caused me a great deal of inconvenience.

Yours faithfully,




Scott Hunter


Share on FacebookShare on TwitterShare on DiggShare on MySpace
Top
 Profile  
Reply with quote  
PostPosted: Thu Apr 19, 2012 4:38 pm 
Offline
Site Admin

Joined: Tue Jun 09, 2009 6:54 pm
Posts: 7864
Graphics Card: 8600M GS
Purchased From: High Street Store
Amount Paid: 0
Hello Scott and welcome to our forum.

Of all the retailers that I have ever had to deal with I have never had the misfortune of dealing with a company as unprofessional and as unhelpful as Comet are.

The way that Comet handle some complaints is nothing short of atrocious and in most cases their behaviour is in direct violation of the customer's Statutory Rights and their rights under the Sale Of Goods Act.

Comet have proceeded to court on many, many occasions on the misguided belief that they could win against their customers who were unfortunate enough to have purchased an inherently defective laptop from them. On no occasion has Comet won and all they achieved, apart from the extra costs involved, was to alienate their customers.

Your letter is very good so let's see what sort of a reaction it prompts.

If your laptop is indeed inherently defective then Comet really cannot win.

When you do receive a reply please pop back here and let me know and I will advise further.

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.


Top
 Profile  
Reply with quote  
PostPosted: Fri Apr 20, 2012 8:10 am 
Offline

Joined: Tue Apr 17, 2012 11:26 am
Posts: 16
Laptop Make: Sony
Model: Vaio FZ21s
Graphics Card: 8600M GS
Purchased From: High Street Store
Amount Paid: 0
Date Purchased: 02 Sep 2007
Date Failed: 22 Mar 2012
Thanks Paul.

I posted my letter yesterday, along with a photo of my laptop's screen next to a piece of paper with my details on (as per the attachment), the sales receipt and print outs of the Comet and Nvidia statements, straight to Bob Darke (the MD of Comet). I marked on the envelope Private and Confidential and posted it by recorded delivery.

I would love to see Mr Darke try to defend his company's practices on BBC Watchdog!

Hopefully Comet won't waste my time and demand to see an engineer's report, but if they do then I know that this will be just another small hurdle to cross. Eventually I will win as I know the law is on my side.

In your experience, will Comet offer me only £200 according to your refund calculator? If this is so then I would rather receive a replacement laptop. Will I be given the choice? I'd prefer not to have the laptop repaired.

Scott


You do not have the required permissions to view the files attached to this post.


Top
 Profile  
Reply with quote  
PostPosted: Fri Apr 20, 2012 8:24 am 
Offline
Site Admin

Joined: Tue Jun 09, 2009 6:54 pm
Posts: 7864
Graphics Card: 8600M GS
Purchased From: High Street Store
Amount Paid: 0
Hello Scott,

Looking at the image you have supplied I can state, quite categorically, that your laptop is indeed inherently defective.

I have seen that manifestation so many times now that I intuitively recognize it.

I cannot see that Comet will play ball with you but then you never know, they may just shock us all, though don't hold your breath.

If the refund calculator states that £200 will be your minimum then yes, this is what you will likely be offered. You can of course reject that and demand a replacement laptop on the basis that Sony should have informed you at the time they released the BIOS update of the potential for the premature failure of your laptop.

Had they done so at that time then your refund or resolution would have been much better.

Fingers crossed that your letter prompts the desired response. :x

Looking forward to your next update.

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.


Top
 Profile  
Reply with quote  
PostPosted: Mon Apr 23, 2012 2:01 pm 
Offline

Joined: Tue Apr 17, 2012 11:26 am
Posts: 16
Laptop Make: Sony
Model: Vaio FZ21s
Graphics Card: 8600M GS
Purchased From: High Street Store
Amount Paid: 0
Date Purchased: 02 Sep 2007
Date Failed: 22 Mar 2012
Out of interest, if I receive a positive resolution from Comet am I able to get the Sony Vaio repaired so that it is an a saleable condition? Because if I receive a refund greater than the second hand value of the Vaio (once it is repaired) then I intend to sell it. I have discussed the problem with Sony and they replied with the following. I am worried that the £63 they quote to get it "inspected" does not guarantee that it is repairable, and if it isn't then I will loose the money.


Dear Mr. Hunter,

Thank you for contacting Sony.

We are sorry to inform you that your VAIO is out of warranty as we have the purchase date of your VAIO on the 21st of February 2008 so it passed the 4 years but also we would like the opportunity to fix your VAIO according to the terms and conditions listed below:

•The repair will be out of warranty.
•There will be a pre collection call to take payment for fee to cover collection, delivery and inspection, the fee is around 63 GBP.
•The turnaround time for the repair will also be communicated to you in this call.
•The final quote of the repair will be communicated to you once the VAIO is diagnosed by the repair center technicians.
•It is highly recommended to take a couple of photos of the VAIO before handing it to the courier in order for us to have clear visibility on the condition of the VAIO before shipping it to the service center.
•In case the VAIO is returned back with any problem, please report such issue to us within 5 working days.
•The courier will arrive with a box; make sure to pack the VAIO yourself, If driver did not come with a box, do not give him the VAIO and just contact us back.
•Take the end-user copy of the AWB as proof of collection.
• Please back up your data as SONY is not liable for data loss.
•To back up your data and software licenses, please follow this link
•Remove all peripherals from your VAIO (e.g. Memory Sticks, DVD’s, dongles etc.)

• If you accept the terms and conditions as listed above, please reply with the following:

1. The address for collection and return of the VAIO – please indicate if you require separate collection and return addresses.
2. The serial number of the VAIO.
3. The date of purchase of the VAIO.
4. The installation language of the VAIO.
5. Your mobile phone number, or preferred contact number.
6. Small brief about the issue you are facing on the VAIO.

Should you have any further questions or queries, please feel free to reply to this email or contact us on the numbers below:

Yours sincerely,
Mohamed Badr
SONY Support
UK: In guarantee contact telephone number - 0870 240 2408
UK: Out of guarantee contact telephone number - 0905 031 0006 (35p/min plus network charges)
Ireland: In guarantee contact telephone number - 01 407 30 40
Ireland: out of guarantee contact telephone - 1530 501 002 (33 cent/min plus network charges)
Email: [email protected]
Website: www.vaio-link.com


Top
 Profile  
Reply with quote  
PostPosted: Mon Apr 23, 2012 4:25 pm 
Offline
Site Admin

Joined: Tue Jun 09, 2009 6:54 pm
Posts: 7864
Graphics Card: 8600M GS
Purchased From: High Street Store
Amount Paid: 0
Hello Scott,

I would not accept Sony's offer of a paid for inspection as there is absolutely no guarantee that they will repair your laptop for free.

In fact, they do state....

Quote:
The final quote of the repair will be communicated to you once the VAIO is diagnosed by the repair center technicians.


...which I would say is pretty conclusive that they will be charging for the repair. They make no reference to what they would do if the laptop transpires to be inherently defective.

I would quote the "reverse burden of proof" to them and would provide your own engineers report. If Sony refuse to capitulate then you would have the report to rely on in the Small Claims Court.

If you were to accept Sony's offer of an inspection at £63 then they will probably not give you a report stating that the laptop is inherently defective. You would then have to obtain one if you were to pursue this further.

It is up to you at the end of the day but personally I would say that you have absolutely no guarantee that the inspection will be unbiased.

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.


Top
 Profile  
Reply with quote  
PostPosted: Wed Apr 25, 2012 8:33 am 
Offline

Joined: Tue Apr 17, 2012 11:26 am
Posts: 16
Laptop Make: Sony
Model: Vaio FZ21s
Graphics Card: 8600M GS
Purchased From: High Street Store
Amount Paid: 0
Date Purchased: 02 Sep 2007
Date Failed: 22 Mar 2012
Hi Paul,

I received an answerphone message from Vivian in the Comet director's office:

"In response to your letter, just to advise you that you would need to provide evidence of a manufacturing fault, unfortunately the copies that you sent us were not sufficient, you would need to have an independent report, ultimately on receipt of that then we will review the matter, obviously I can't guarantee you any outcome but should you wish to discuss the matter in the interim I can be reached on 01482 592442, many thanks goodbye".

Ok, so how do I go about obtaining an engineer's report? I have had a quote of £40 from a local laptop repair centre. Obviously I am keen to send it to somewhere that recognises this known issue who won't incorrectly attribute the fault to misuse. This would just be a waste of my money. I understand the engineer's fees will ultimately be refundable so I don't mind paying a bit more to guarantee a good outcome.

With regards to the repair, in your opinion do you think that my Sony Vaio is beyond economic repair?

Regards,

Scott


Top
 Profile  
Reply with quote  
PostPosted: Wed Apr 25, 2012 8:42 am 
Offline
Site Admin

Joined: Tue Jun 09, 2009 6:54 pm
Posts: 7864
Graphics Card: 8600M GS
Purchased From: High Street Store
Amount Paid: 0
Hello Scott,

Well at least you are now moving forward which is good news.

We can provide you with an engineers report and members who have obtained one from ourselves have seen a successful resolution.

The cost of the report, including the collect and return carriage, will be £65 which is fully refundable from the retailer as a consequential loss.

Regarding the repair of your laptop, due to the fact that the defect is so widespread and affects spare parts as well as laptops in the field then I would say that a repair is not advisable unless the retailer is prepared to give a written guarantee that the parts to be used will be free from the defect.

If they refuse to do so then you should refuse any offer of a repair.

In order to proceed with an engineers report then please take a look at the following post which gives you full instructions:- need-an-independant-engineers-report-t62.html

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

You can miss out the first few steps in the guide as you have already completed those steps.

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.


Top
 Profile  
Reply with quote  
PostPosted: Fri Apr 27, 2012 4:01 pm 
Offline

Joined: Tue Apr 17, 2012 11:26 am
Posts: 16
Laptop Make: Sony
Model: Vaio FZ21s
Graphics Card: 8600M GS
Purchased From: High Street Store
Amount Paid: 0
Date Purchased: 02 Sep 2007
Date Failed: 22 Mar 2012
I have acquired a Lapcure report and have sent this letter along with the report to Mr Darke at Comet. Finger's crossed...

Mr Robert Francis James Darke (Managing Director)
Comet Group Ltd
George House
George Street
Hull
HU 1 3AU
27th April 2012


LETTER BEFORE ACTION (2)

Dear Mr Darke,

Further to the voicemail I received from Vivian in your Director’s Office on Monday 23rd January in response to the letter I sent you dated 19th April 2012 regarding the inherently
defective laptop you sold me please find herewith a copy of an engineer’s report I have acquired for the laptop.

As you can see, the report concurs with my original beliefs that my laptop has failed due to the inherent fault with the Nvidia graphics chip.

I now expect you to remedy this situation without further delay.

I want a refund of £899 or a replacement laptop to the value of my original purchase.

I enclose herewith a copy of the invoice for the engineer’s report. I have already
paid this and I am also seeking a refund of this amount as a consequential loss.

Please be aware that this is the last communication that you will receive from me.

If I do not receive a positive resolution from you within seven business days from the date of this letter then I will have no option but to issue a small claims procedure against yourselves.

In this matter time is of the essence.

Yours faithfully,




Scott Hunter


Top
 Profile  
Reply with quote  
PostPosted: Fri Apr 27, 2012 4:58 pm 
Offline
Site Admin

Joined: Tue Jun 09, 2009 6:54 pm
Posts: 7864
Graphics Card: 8600M GS
Purchased From: High Street Store
Amount Paid: 0
Hello Scott,

Good luck with this stage of the process.

Knowing how Comet have treated some other members of this forum in the past you should be prepared for them to try and fob you off.

Don't let them do this! Stand your ground, stick to your guns and you will get there in the end.

The trouble with Comet is that they do not always have their listening ears on and tend to just read from their "script".

Fingers crossed for you. :x

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.


Top
 Profile  
Reply with quote  
Display posts from previous:  Sort by  
Post new topic Reply to topic  [ 32 posts ]  Go to page 1, 2, 3, 4  Next

All times are UTC


Who is online?

Users browsing this forum: No registered users and 1 guest


You cannot post new topics in this forum
You cannot reply to topics in this forum
You cannot edit your posts in this forum
You cannot delete your posts in this forum
You cannot post attachments in this forum

Search for:
Jump to:  
cron


Find Last Minute eBay Bargains



Find eBay Misspellings & Save!






Ebuyer CCL Sony DSG Retail Faulty Independent Currys Problems Hot Overheating PC World Wireless 8600 Dixons Help Advice DV2630 Engineers Report SOGA DV9000 Statutory Rights DV6000 Compaq Ares GP2W Report Repair Refund Replacement Comet Rework Faulty Letter XPS1330 8400 Test Evidence section Proof Staples Template Information GPUPackard Bell Motherboard Graphics CostHP Burden Battery Head OfficeSmall Claims FixDell







Powered by phpBB © 2000, 2002, 2005, 2007 phpBB Group





phpBB SEO








The views and opinions expressed within this site are those of the specified authors and do not necessarily reflect the views of Nvidiadefect.com.

The Nvidia Defect, Defective Nvidia, HP Nvidia Defect, Failed Nvidia, Nvidia Problems

HP laptop problems - HP laptop display problems - HP laptop hot/overheating - HP laptop lost wireless - HP laptop can't detect wireless card - Video Problems - Black screen - Distorted video - No Display



Have you got a problem with a post on this forum? Then please email [email protected]


Disclaimer:- All the information and advice that I give in this forum is derived from either the Sale Of Goods Act, other legal material or my personal experiences in taking legal action against retailers. Whilst we have had tremendous success against the retailers I have to state that I am not a Lawyer and do not profess to be. If at any time you are unsure about your legal rights then you should seek the advice of a legally qualified person. Nothing on this site should be considered legal advice.



Trademark Notice:- All trademarks mentioned on this site are mentioned solely for informational and product identification purposes. All trademarks are the property of their respective owners.


Sitemap