The Nvidia Defect Forum

Hello Chris,

What outrageous customer service!

I would proceed with a report, send them a copy and if they fail to comply then sue them.

It is a sad fact that it seems the only action that prompts retailers to resolve matters and that is legal action.

See what thy say when the summons drops through their mailbox.

What do you think?

Best wishes

Paul
The Admin Team

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Ah sorry I didn't click on page 2 (until today)!

I've sent numerous messages, including the legal routes I am willing to go down to secure an adequate outcome. This was all to the directer of customer sales. She ignored 100% of my questions, in an email consisting of a few hundred words. She asked for the order details, this basically meaning that after over a week and five emails back and forth, she requested the basic information so she could look up what were were supposed to be talking about.

She then told me that they had the laptop and were testing it blah blah, all the stuff that I knew. She basically ignored every point, and gave me the status of my laptop, which was told to me 3 days earlier by a tech guy (they have it back to confirm the problem, not to fix it). Last email promised contact "tomorrow", that should have been 3 days ago now.

They replaced my graphics card with the same (defective) model. Also I was told that this replacement is a refurbished one that was sent back from the supplier.... If it had to be sent back too, how do they not comprehend that these cards are awful!

I am about to call again. I will be asking for the managing director as the store I used is also the head office. I will tell him I want the changes made to the laptop undone and I will begin court proceedings.

Are there areas in the site where I can find some info I'd like to look over. Primarily examples of other court case wins (and losses?) preferably in the UK as these will ofcourse carry huge power.

I'll post again once I've called them. (I'm only still calling as I want to get a written note that the intended replacement card is a refurbished one, as I need it in writing should it end up in a court).

So I was told that the same (useless) woman had been dealing with my situation this morning and had talked to trading standards (some sort of scare tactic? Does she actually plan to fight this?) and that she would call me before 2:30.

So now I'm waiting on the call, if she doesn't call by 2:31 I'm back on the phone until I'm talking with the MD.

Hello Twentyonehundred,



I find it quite amusing that they have gone running to the Trading Standards for help. The thing is, if the laptop is indeed inherently defective then Trading Standards won't be able to help them so they should stop wasting your time and get their cheque book out.



The word "refurbished" is a bit of a misnomer. What I think they mean is that they have removed a defective GPU off a previously failed board and replaced it with - another potentially defective GPU.

Under no circumstances should you accept this type of repair - how scandalous that they should do this without consultation with yourself.

I would wait for their call and see what they say then pop back here and let me know and I will advise further.

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.

Hi again all,

Going to do a fairly lengthy round up of my situation post phone call. Firstly after actually looking I am glad to see that this site is based from the UK, gives me great confidence I can win this.

Okay, after not being allowed to speak to the Managing Director I was told that the head of aftersales would phone be before 2:30. At 2:33 I received that phone call.

I had previously requested either: A replacement laptop, a refund in full, or a 3.5 year guarantee that the graphics card (only, not the laptop itself) should the card become faulty again (3.5 years was the figure given to me Novatech that laptops are expected to last).


She began by telling me that 7 years is not reasonable for a guarantee time. She had not read the email correctly.. as usual. She repeated this through to the end, even when i said I was asking only for a 3.5 year guarantee on only the graphics card.

She then reeled off several other points, which I am keen to hear thoughts on:

>> Apparently, backed by trading standards (apparently), 3 years is a perfectly reasonable life for a "consumable item" such as a laptop. (Ignoring my point that each card lasted less than 2 years).
>> The sale of goods act is applicable for 6 years after purchase on white goods only, and not on "consumable goods" such as a laptop.
>> A warranty starts only from the time of sale of the initial product, regardless of repairs and replacements, even if there is an inherent defect.

She offered me a one year warranty on the repairs, including any faults in the laptop. I asked how this was logical when the card had failed inside two years, twice. She had no comment, nor did she once acknowledge or comment on the nvidia defect. These people are stubborn and argumentative. I've stood in the returns area a year ago and argued for 1/2 an hour until I got a faulty product replaced, but I won then and hopefully I will be able to here.

So I have a few more requests of anyone who has such knowledge or information. Firstly the bullet pointed points above I am currently unsure of how correct any of these statements are. Secondly am I able to attain any and all specific as possible details and records of court proceedings in the past? I fully intend on gathering all the evidence and information I can, including an engineers report and hitting them with all of it, including seeking compensation for travel, court fees and all of this time I have invested.

Many thanks in advance for any further help you can provide, as it has been priceless so far.

Chris

Hello Chris,

I cannot believe the conversation you have had with them and it only goes to show how little they understand the Sale Of Goods Act.



What absolute baloney. Do you think that they really believe that statement?

You spent £900 on that laptop and so you should have had between five and six years use as a minimum.

It hs been proved, many times, that the expected lifespan of a laptop is five to six years. This has been quoted many times by much larger retailers than them and is the term used by judges to calculate refunds when cases have reached the courts.



Wrong, wrong, wrong.

Who on earth did they allegedly talk to at Trading Standards? The cleaner maybe?

The six year limit is for ALL GOODS and not just white goods and so you should completely disregard that inane statement.



What on earth is that supposed to mean?

Do you get the feeling that they are trying to obfuscate matters?



I think what she meant was that you have had 3.5 years use out of the laptop and if you are requesting a 3.5 year guarantee on the parts then that would technically equate to seven years.



Did she offer to give you the written guarantee that I advise? Did you ask for it?

Please let me know and I will advise further.



You certainly got that right! Stubborn and ill informed.

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.

Hi again,

I'm currently in a bit of a stuck situation.

I was offered £356, which was apparently taking into account the time I've had it (-4 months for SEVEN separate returns) based on a laptops use life of 3 years ( ).
I tried to request more, quoting the price of equivalent laptops I had found elsewhere.

They also offered to give a discount on one of their products, so I requested the only one with an independent graphics card (like my laptop had!), that was £899. No deal.

I requested the £356 and the laptop returned (I could buy a superior card for £45 and be happy with £300 pocketed). They offered me the laptop + £100 for the "inconvenience". Absolutely unbelievable this (illiterate) woman would be so kind as to offer me £100 for the "inconvenience" aka the huge monumental mess they have created and lack of willingness to take responsibility.

I am still able to reply to her with more though so I'd like to give it another shot before it goes to court or anything. Are there things on the internet where Nvidia admit the problem or highlighting how other retailers have taken responsibility, like something from a company or whatever, not just accounts from people.

Also are there examples of court cases that I can get? As in proper official public documents or something? The thing is I'm a recent graduate and therefore am not the most affluent currently so court represents a big risk / investment for me financially. So before I could consider taking it further I have to be certain I would win (settlement when the papers arrive on their doorstep, etc). As with £356 I could possibly afford the £400 laptop that I have seen that is basically a replacement for the laptop, but ofcourse it's brand new.

Many thanks again,

Chris

Hello Chris,

I did a quick calculation and based on the information that you provided, which was a £900 purchase price and 42 months usage, I calculated that the minimum they should offer, excluding any consequential losses, is £375.

This is based on a six year life expectancy.

So, their offer of £356 is not far off what you would get as a minimum should you proceed to court.



How scandalous is that?

This is not a case of "inconvenience" but more that they are guilty of breach of contract, namely the Sale Of Goods Act.

How can they calculate that a defective laptop is worth £256?

What a ridiculous statement for them to make.



There is a wealth of information in this forum where Nvidia have admitted liability, including their admittance in the SEC 10K filing.

All that information can be found in the "Facts Evidence and Links" section of this forum.



Well, there is a letter in the forum from Staples where they admit to the problem and that is here:- staples-do-not-reccomend-a-repair-please-read-t194.html

Plus there are a wealth of other cases where the retailer has admitted the defect, they are all available in the forum.



Unfortunately on the whole the results are not publicly available in an easily accessible format. But you shouldn't rely on past small claims actions as they do not set a precedent and cannot really be relied upon.

I have to say though, if you were to proceed to court then you may not receive very much more than what you have currently been offered.

Saying that, your laptop has been back four times and so it is, in my opinion, a lemon. In America they have protection against such products and that is aptly know as the Lemon Law.

Considering the fact that your laptop has been backwards ad forwards I would say that you have not enjoyed unhindered use during the time you have had it and so I would say that your refund should be slightly higher to take this into account.

You have to now consider what your next move will be. Do you accept their offer and draw a line under the matter or do you press on with legal action against them with the hope that the settlement will be higher?

This is only a decision that you can make. Your laptop is inherently defective and the retailer has agreed with this so that will not be an issue if and when this comes to court.

The only matter open to discussion will be the level of compensation you should receive.

What do you think?

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.