The Nvidia Defect Forum

Frequently Asked Questions

Please find below a list of some of the commonly asked question.

I will continue to update this list as and when pertinent questions arise.

In the meantime if you have any questions not answered here then please post your question into the main forum which is here:- main-nvidia-defect-forum.html and I will answer your questions.

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Q) My laptop is over 12 months old and the guarantee/warranty has expired. Can I still get a refund or replacement laptop?

A) Yes. If your laptop is indeed inherently defective then you have six years (5 in Scotland) from the date of purchase to make a claim against the retailer. The retailer may not like this, but that is the law.

Q) I cannot find my sales receipt, can I still make a claim?

A) A receipt is not always necessary as the only requirement is for you to prove purchase. If you paid by debit or credit card then you could show the entry on your bank/credit card statement as proof of purchase. If you paid by cash then you can ask the store to search their records on the day of purchase to find the relevant transaction. If you went to the store with somebody else then they would also be a witness to the sale.

Q) I paid for my laptop by Credit Card. Can I claim against the card company?

A) Yes and No is the quick answer. Yes, you can take action against the card company if you do not get a satisfactory resolution from the retailer, but you cannot get a refund from both retailer and credit card company.

The card company is equally responsible for the purchase and you would be advised to contact them and advise them of the situation.

They would require an engineers report to prove the inherent defectiveness just like the retailer.

The card company should try to assist you with the retailer - of they don't then you should demand that they do as you have protection when purchasing goods with a credit card.

Q) I no longer have the box or packaging for the laptop, will this matter?

A) No, it is not required that you have kept on to the packaging – no retailer could expect you to have done this, especially if the laptop is over 12 months old. They would also not be able to hold this against you and refuse a refund/replacement laptop on these grounds.

Q) I have been to the retailer and they have told me that the laptop is out of warranty and to contact the manufacturer. Even when told the laptop is inherently defective they are still telling me to go to the manufacturer. What should I do?

A) This is absolutely false information and you should totally disregard any retailer who tells you to do this. When you purchased the laptop a sales contract was created between you and the retailer.

This contract ties the retailer in with you and you with the retailer. You have absolutely no contract whatsoever with the manufacturer and they will not be able to give you the resolution you require – be it a refund or replacement laptop.

You should state quite clearly and politely to the retailer that they are the ones responsible as they are the ones who sold you an inherently defective laptop.

Q) Even after telling the retailer that the laptop is inherently defective they are refusing to refund or replace the laptop. What do I do next?

A) The next step, if the retailer is refusing to comply, is to send them a “letter before action”. This is a formal document that sets out the problem with your laptop, the retailers obligations under the Sale Of Goods Act and the remedy that you expect to be offered. It gives them 7 days to comply.

If they fail to comply then the letter states that you will forward them an engineers report – the costs of which will be recovered from the retailer. Ask the retailer for the name and address to where correspondence and legal documentation can be sent.

A template letter before action can be downloaded here:- letter-to-send-to-retailers-head-office-prior-to-action-t134.html

You should edit this letter with your details and send it to the retailers head office - again by recorded delivery keeping the postage receipt safe.

Q) I now need an engineers report. Where can I get one from?

A) This is one of the services we provide. We have had great success with our reports and have not had a single report of any customer failing to secure a refund. Our reports run to 4 A4 pages and are detailed, concise and 100% irrefutable.

Some of the retailers have commended us on the quality and detail of our reports. See this post for verification:- staples-do-not-reccomend-a-repair-please-read-t194.html

Our reports cost £65 which includes the collect and return carriage. This cost is recoverable from the retailer.

Full details on how to secure an engineers report can be found here:- need-an-independant-engineers-report-t62.html

Q) I now have the engineers report now. What do I do next?

A) You should send a copy of the report (we give you 3 copies) via recorded delivery to the head office of the retailer. Please ensure you keep a copy of the postal receipt in a safe place.

In the covering letter that you send with the report you should give the retailer 7 days to respond to your demands. The reports we provide prove 100% conclusively that the laptop is indeed inherently defective and the test that we do mean that our findings cannot be refuted.

The retailers really only have one option – and that is to comply with their obligations under the Sale Of Goods Act. We have found some retailers to be stubborn – though they do pay in the end – whether they like it or not.

Q) The retailer is telling me that they do not accept engineers reports and that they want to inspect the laptops themselves at a cost to me. What can I do?

A) The retailer cannot say this to you. After six months from the date of purchase there becomes what is known as the “reverse burden of proof”. This basically means that it is up to you, the customer, to prove the inherent defectiveness of your laptop. It is not for the retailer to prove this on your behalf.

In my opinion any retailer performing such inspections could potentially have a biased opinion. You should therefore tell the retailer:-

"It is my responsibility to prove the inherent defectiveness of my laptop via an independent engineers report. I will obtain such a report and forward you a copy. You may then inspect the laptop but this will be at your expense.”

If the retailer so requires they may then want to inspect your laptop and you should allow them to do this.

Under no circumstances should you pay them any money for this service.

Q) The retailer is telling me that all they can offer is a free repair of the laptop. What shall I do?

A) We do not recommend a repair to these laptops due to the lack of reliable parts. We have seen huge quantities of laptops fail for a second or third time after the laptop has been repaired with a replacement mainboard. The defective chips are not only present in thousands upon thousands of laptops in use in the public domain; they are also present in mainboards being used in repairs.

If the retailer insists on offering you a repair then you should insist on a written guarantee.

You should ask the retailer to write the following statement on their company headed paper.

“The mainboard being used in the repair of your laptop is a new batch and is guaranteed to be 100% free of the Nvidia defect. Should the laptop fail again due to an inherently defective Nvidia GPU then a refund or replacement laptop will immediately be given.”

Most retailers will refuse to give such a written guarantee. You should emphasise to the retailer that the only condition you will accept a repair would be if they give you such a written guarantee.

If they give you this then keep it safe – just in case the laptop does fail again at which point you can march back to the retailer and demand a refund.

According to one of our customers one company, John Lewis, gave such a guarantee. Unfortunately for them the laptop failed again after 2 months. They received an immediate refund.

In my book, no written guarantee = no repair thank you very much.

Q) A family member purchased the laptop for me as a present. Can I still obtain the refund?

A) Only the person who originally made the sale can request a refund/replacement laptop.
What you can do is to get a letter from the person who made the purchase to state that you are authorised to act on their behalf.

You should contact the retailer and explain that someone else purchased the laptop for you and request from them what they would need in order for you to be able to continue the claim.

Some retailers can refuse and insist that they will only deal with the person who actually purchased the laptop. In that case you would have to get them to continue your claim.

Q) I have sent the engineers report to the retailer and they have either not replied or are still refusing to do anything.

A) In this situation you have exhausted every reasonable means possible to resolve the situation amicably with the retailer.

Your next step is to issue a small claims action against them. This is not as daunting as it may sound – no matter how big the retailer is so please do not be put off by the prospect of this.

We have seen many, many cases where the retailer either doesn’t even bother to turn up at court or they settle at the eleventh hour.

The full costs of issuing the small claims action can also be recovered from the retailer.

Q) I am about to issue a small claims action against the retailer. Apart from the cost of the laptop is there anything else I can claim for?

A) When filing your small claims action you should take your time to fully document all your expenses incurred. This includes the cost of sending letters to them, the cost of the engineers report and the cost of filing the small claims action. You will also be able to claim an amount for researching this problem at the rate of £7 per hour. You should make a claim for around 10 hours which would equate to £70.

Q) The prospect of going to court terrifies me, I don’t think I will be able to do this. Can you advise me?

First things first, going to court is not as scary or as daunting as it may sound. It is actually quite a pleasant and, to a certain degree, relaxed environment.

Should you have to take this action then we will help you, at no cost, to assist you in the preparation of your case.

Remember, most retailers will let you file a claim against them. They may even file a defence; but as to whether or not they will turn up at court is another matter.

A final thing to remember, you are fighting for your rights and are not asking for anything that you are not legally entitled to.

Stay strong, stay positive and you will succeed as long as your laptop is indeed inherently defective.

As a final note you should, if possible, backup your data at the first available opportunity.

If you can get your laptop to boot, even in safe mode, then use that opportunity to backup any important data.

Remember, once your laptop has failed completely it becomes more difficult (though not impossible) to recover your data.

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?
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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.