The Nvidia Defect Forum

It took 9 months, 1 court appearance but ebuyer have finally coughed up....
My samsung laptop failed and with the help of this site they have finally coughed up £475 quid...
Folks, i could not have done this without Pauls help.
Persevere, i had to....
Ebuyer were adamant and took it all the way..I took it further and the result was a full refund of my court costs, a far better offer and an apology.

Lapcure/nvidiadefect forum. I thank you.

If anyone would like to see the frankly brilliant letter i wrote to the court, let me know. might give you some ideas!!!!

Hello Cornz,

Well done on your success.

I am very surprised that Ebuyer let this go all the way to court. They usually capitulate much sooner.

Did you have to actually go into court or did they relent at the 11th hour.

I have inspected a huge number of your model of laptop and a high percentage of those came from Ebuyer so they must be more than aware that your model is affected.



I agree with you 100% on that. Perseverance really is the key to success. You could have given up 9 months ago in which case you would have been seriously out of pocket.

Well done to you for sticking with it.

I would be interested to know about the court case and the defence that they filed.

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.

Here is a transcript of the conversation i had with ebuyer.
26/01/2011 12:08 After almost 3 years of service, my R700 has failed on the display.
I believe this to have been caused by the nVidia graphics chip which has
been shown to have been manufactured with an inherent fault.
As the laptop has been sold with a faulty component and you were my
retailer, i am looking towards yourselves for a resolution. Please advise.
Thank you. .

26/01/2011 14:16 Dear ,

Thank you for your contact with our Customer Support Team.

In regards to your query I can advise that the item only has a one year
warranty. As you purchased the item in 2008 we would not be able to accept
the item back. If you contact the manufacturer they maybe able to resolve
this for you but I cannot guarantee this. There contact details are 0845
672 67864 if this helps.

I apologise for any inconvenience caused.

Kind Regards,



Ebuyer Customer Support Team

27/01/2011 12:29 Hi and thank you for your reply.
Incorrect as it may be.
The warranty status has no bearing in this, as per the sale of goods act, i
have 6 years to file a claim where it is clear that the fault is an
inherent fault and this item was sold to me with an inherent fault.
Furthermore, my contract is with yourselves, NOT Samsung.
Please be advised, i shall pursue this matter to the fullest extent. In
light of that, i request either a full refund or a replacement laptop with
the same equivalent specification of the one i ordered.
Thank you. .

27/01/2011 13:37 Dear ,

Thank you for your response.

In regards to your query, for us to take the item back we would need a
fault report from a technician stating that the item either has a
manufacturing defect or inherent fault. If the item is found to have either
of these we would be able to take the item back and we would refund up to
�35 for the fault report as well. We would try and repair the item first
but if this was unrepairable we would issue you with a replacement.

I apologise for any inconvenience caused.

Kind Regards,



Ebuyer Customer Support Team

27/01/2011 18:25 Thank you.
An engineer’s report will only confirm what I and your company
already know, To wit: My laptop was fitted with an inherently faulty NVidia
GPU from the factory and is therefore NOT of satisfactory standard.
May I draw your attention to the Sale of Goods act pertinent to inherent
faults which clearly states;
“an error in manufacturing where a faulty component was inserted. The
"fault" may not become apparent immediately but it was there at the time
of sale and so the product was not of satisfactory standard.

Furthermore I reject your offer of a repair unless the following criteria
are met.

That you provide me with a written guarantee, on company headed notepaper
that states the following verbatim:-

1. "The motherboard being used to repair your laptop is from a completely
new batch and is 100% free from the NVidia defect. If, at any time in the
future, it transpires that the mainboard is inherently defective due to the
NVidia GPU then a refund or replacement laptop will be offered"

2. You provide me with the part number of the mainboard being used so that
it can be ascertained that it is a newly designed board devoid of the
affected component.

If you cannot do so then the inference is that you yourselves have no faith
in the repaired product. Also, after speaking to Samsung myself, they have
confirmed that my model is discontinued. A quick search also reveals that,
to date, there are no GPUs’ from my model of laptop that are free of
the defect.
You cannot fix faulty goods with MORE faulty goods.
I would like to take this opportunity to say that if you draw this out,
then I will pursue this in a court of law. The law is on my side and this
is only going to cost you time and money. Every day it is not resolved
simply adds interest which I am rightly entitled to claim against
consequential losses, the cost of the engineers report, inconvenience etc.
I urge you to bring this to a speedy conclusion.
Once again, I refer you to the sale of goods act:
“remember any remedy has to be carried out "without significant
inconvenience" and within a "reasonable time" for the consumer”. I
am without my laptop, THAT is significant inconvenience.
My shopping experiences with yourselves have always been generally good,
please don’t let me have to report on the forums that your aftercare
service is poor and that you feel you are above the law.

28/01/2011 11:31 Dear ,

Thank you for your response.

In line with the Sale of Goods Act the retailer can ask the consumer to
provide a fault report showing the fault is due to an inherit manufacturing
defect.

eBuyer will be happy to review accept a fault report for review.

Thank you.


Kind Regards,



Ebuyer Customer Support Team

28/01/2011 12:46 Very well, I shall have an independant engineer prepare a report for you.
.

28/01/2011 14:02 Dear ,

Thank you for your response.

Please send the report to rma.approvals@ebuyer.com.

Thank you.


Kind Regards,



Ebuyer Customer Support Team

04/02/2011 18:20 I have had the report done and have forwarded it onto the address you
provided. Given the cost of the laptop, £558.79 and the £65.00
it has cost me to have an engineer’s report, (£623.79) plus any
interest I will be due, I would like to offer you the opportunity to end
this now.

quickfind code: 251971

Which is a 17" Samsung laptop, with a PCI Express card slot and is almost
(relatively) identical specification of the one I originally purchased.

If you would like to send that item as replacement, then i would consider
the matter closed to my satisfaction.

I am sending this to your head office also as a written copy and am
including the engineers report and the invoice for the same.

Thank you.
.

07/02/2011 17:58 Dear ,

Thank you for your response.

At this point in the return your product is coming back for a warranty
repair. If the product can be repaired it will be sent back to you.

If the product can not be repaired we can discuss an alternate.

Thank you.


Kind Regards,



Ebuyer Customer Support Team

08/02/2011 11:55 Dear

I reject your offer of a repair unless the following criteria
are met.

That you provide me with a written guarantee, on company headed notepaper
that states the following verbatim:-

1. "The motherboard being used to repair your laptop is from a completely
new batch and is 100% free from the NVidia defect. If, at any time in the
future, it transpires that the mainboard is inherently defective due to
the
NVidia GPU then a refund or replacement laptop will be offered"

2. You provide me with the part number of the mainboard being used so that
it can be ascertained that it is a newly designed board devoid of the
affected component.

If you cannot do so then the inference is that you yourselves have no
faith
in the repaired product. Also, after speaking to Samsung myself, they have
confirmed that my model is discontinued. A quick search also reveals that,
to date, there are no GPUs’ from my model of laptop that are free of
the defect.
You cannot fix faulty goods with MORE faulty goods.

08/02/2011 11:58 Further more, the engineers report has already advised against a repair.
If an independant repair agent doesn't advise it, why do you feel you
can.
As i state, i therefore reject your offer of a repair.

11/02/2011 12:22 Dear ,

Thank you for your response.

I can advise that our returns process will be followed. Please see our
Terms and Conditions for the complete returns process.

Thank you.

Kind Regards,



Ebuyer Customer Support Team

11/02/2011 16:36 Dear .
Thank you.
Am i to assume then that i have to return the item?
Am i also to assume you are going to replace/refund the cost of the laptop,
the cost of the engineers report and any losses i have incured due to this
inherent fault.
You will not be able to refund as i no longer have the account which i paid
for the laptop.
I would prefer a replacement laptop, as i have already indicated.
That particular model is as near to the required spec (17 inch, HDMI,
PCExpress slot, numeric keypad and multi card reader) and to the original
cost as was possible to achieve.
Please advise if this is your intention.
Thank you.
.

15/02/2011 13:08 Dear ,

Thank you for your response.

Once our returns depart have processed your return you will receive an
email advising that a replacement order has been put in for you.

Thank you.


Kind Regards,



Ebuyer Customer Support Team

16/02/2011 11:59 The faulty item is due to be delivered to yourselves on thurdsday.
I would be grateful if the matter could be dealt with as a matter of
urgency. Thank you for your assistance.
.

21/02/2011 10:11 Dear ,

Thank you for your response.

I have asked our returns team to process your return. You will receive an
email once the return has been processed.

Thank you.


Kind Regards,



Ebuyer Customer Support Team

22/02/2011 12:46 Please be advised. Should this matter not be resolved very shortly, then i
shall withdraw my offer of a replacement and pursue a refund, inc costs and
losses, plus interest.
By the end of this week, it will have been a calendar month. That is 3
weeks longer than this should have taken and a week and a day since you
recieved the faulty item, the moment you recieved that laptop (which has
been independently proven to be inherently faulty) a replacement should
have been issued.
.

22/02/2011 13:07 Dear ,

Thank you for your response.

Your return has been passed to technician for review and testing.

The RMA will be processed shortly.

Thank you for your patience whilst your return is being dealt with.


Kind Regards,



Ebuyer Customer Support Team

23/02/2011 10:29 Dear ,

Thank you for your response.

Unfortunately we are unable to process rma 1021167 because we have not
received the power adapter and cable. Please can you send these missing
items into us.

Thank you.

Kind Regards,



Ebuyer Customer Support Team

23/02/2011 13:41 Dear , please be aware that stalling tactics will not deter me.
There is no need for a technician to "review and test" the faulty item. I
paid an independant engineer to ascertain that, as you stipulated.The lack
of the power adapter has no bearing on this
I am without my laptop, this is inconvienient and is now taking longer than
can be considered resonable. Please consider my offer of a replacement
laptop rescinded. My next communication will be regarding court action
where i shall pursue a refund, loses, costs and interest.
.

23/02/2011 16:57 Dear ,

Thank you for your response.

This is not a stall tactic. You were advised by email when the return was
raised to return the faulty/incorrect parts to us in adequate packaging
ensuring that you return the item(s) in their original state with all
manuals, cables or disks etc.

As the proper parts were not returned the tech can not complete the testing
phase of the product.

Your return will not be processed until the proper parts are received.

Thank you.


Kind Regards,



Ebuyer Customer Support Team

23/02/2011 21:55 Dear Chrstina, be assured that i recieved no such email. With the exception
of the printed copy of the engineers report i sent via royal mail, all
communication has been conducted through this portal. You asked me to
follow your RMA procedure which i did.
It would have been nice of you to actually email me to let me know that the
power supply was vital in processing my request when you recieved the
item.
However, it makes no odds. I shall post you the item but will still be
claiming for a refund and associated costs. I shall also ensure my
experience with yourselves is made widely public.
.

24/02/2011 10:20 Dear ,

Thank you for your response.

Emails have been sent to the email address on your account.


Please update your email address on your account if the above email address
is not correct.

Thank you.


Kind Regards,



Ebuyer Customer Support Team

18/03/2011 08:35 The required items have been posted. I have added the cost of postage to
the running total.
If this is now not resolved within 7 working days days my next letter will
be a county court summons.
.

18/03/2011 10:09 Dear ,

Thank you for your response.

Your return will be processed once the rest of your product is received.
However, eBuyer will not cover postage for the product that you left out of
the first collection as you were instructed to send the item back
complete.

Thank you.


Kind Regards,



Ebuyer Customer Support Team

22/03/2011 23:20 Now that my RMA has been processed, i shall give you the option of sending
item: QuickFind Code: 251971 as a suitable and comparable replacement with
no further costs to myself. If so then i will consider the matter closed.
If not then i shall pursue, in court,a claim for, but not limited to,
costs, losses and interest to which i am entitled, which will amount to
more than the replacement item i have stipulated.
I have now been without my laptop for well over three months, which has had
an impact on my ability to conduct my day to day business.
I also trust that the item will be delivered before the end of the week as
any further delays will not be tolerated.


23/03/2011 10:19 Dear ,

Thank you for your response.

As previously advised if the item could not be replaced you would be
entitled to proportionate refund under the Sales of Good Act 1979.

eBuyer have processed your return the same day we have received your return
complete.

eBuyer will refund up to �35.00 for your fault report. To receive the
refund you will need to send a copy of receipt to ***************

If I can be of any further assistance please do not hesitate to contact
me.

Thank you.


Kind Regards,



Ebuyer Customer Support Team

23/03/2011 20:05 Please note that due to your lack of action, court proceedings have been
instigated.
.

25/03/2011 11:03 Dear ,

Thank you for your response.

I have passed your comments to our Operations Manager.

Thank you.


Kind Regards,



Ebuyer Customer Support Team

This was the letter i wrote in rebuttle to ebuyers defence. By reading it you should be able to pick out what ebuyer were saying i had/ had not done.
__________________________________________________________





Your Honour.
To condense this down, I purchased a laptop from Ebuyer, it was fitted with an inherently defective part. I made contact with Ebuyer whom initially said I had no comeback as the years warranty had expired.
I have enclosed a transcription of that entire conversation which is the last contact I have had with Ebuyer since issuing court action.
I asked for the courts help as I feel Ebuyer have deliberately tried to “muddy the waters” in the hope of discouraging me from continuing this action and claiming on my consumer rights to goods which are fit for purpose.
They also refused to pay the full costs of the technical report I had performed by a third party company at Ebuyers insistence.
They also claim to have offered me a partial refund. If I offer something to someone, I engage them verbally or with written text, I make them aware of it, I explain what I am offering and why. Ebuyers offer consisted of failing to inform me and just sending an email saying the original item I had ordered (the inherently faulty laptop) was out of stock. That constituted their offer. I had blocked marketing mails from Ebuyer, as I do with most online sellers, so I never received this offer which is why I was corresponding with Ebuyer through their website’s “eNotes” system. They could easily have communicated their offer to me there.
As mentioned shortly, an email I have sent to Ebuyer has failed to be delivered. Email is not the best way to communicate and is not completely reliable.

I also wish to take exception at some of the facts stated by Ebuyer.
If I may go through them and explain. These are from Ebuyers defence notes.

Evidence A:
Despite initially denying any sort of responsibility, they did eventually request a technical report.

Evidence B:
Ebuyer further stalling by insisting all original parts are returned.
During the course of owning the laptop, the RAM was upgraded and the Wi-Fi card was upgraded. These are user upgradable parts, as an ex-IT technician, I am trained and competent to fit them. After 14 months of ownership the hard drive unit failed and had to be replaced at my own expense and the battery had lost capacity, so that too had been replaced. I was somewhat reticent to return the item with all my own equipment within. In order to comply with Ebuyers insistence of having all the original parts meant I had to further purchase replacement parts more similar to the original parts. Namely RAM, Wi-Fi and a suitable hard drive. The original hard drive had been binned and the battery I had fortunately simply stored in a drawer. I had sold the old parts to offset the cost of the new parts. I think it is unreasonable of Ebuyer to expect an item with provision for upgrading to be returned with exactly the same parts. I must also question why Ebuyer needed a power adapter for two reasons: does a company that specialises in IT equipment not have a spare? Secondly, what did they hope to achieve by further testing? As per their request, I had paid an independent technical expert to confirm that my laptop was fitted with an inherently faulty part. They had received the technical report and a copy of the invoice for £65. They do not mention when they received it although it was sent 4/2/2011.



Evidence C:
I did request a Samsung R780. The item was a comparable spec other than having a slightly more powerful processing unit, computer technology moves forward, it does not stagnate. Even a lower middle end laptop from today, would be more powerful than my older middle range laptop, this is why I offered Ebuyer this option. Also as my telescope uses a serial adapter and I need a laptop with a card slot, a wide 17inch screen and a decent graphical capability. The R780 was a comparable item in my opinion.
They then state they offered me a partial refund of £287.16. If you read the transcript, you will see they make no such offer. As I explained earlier, they sent an email, nothing more.
I notice that for the first time, they are now offering to pay the full costs of the engineers report, as you can see, up until this point, they have stubbornly insisted on only paying £35. I believe this is because they know they are legally obliged to pay all costs incurred obtaining a report at their behest.
They state I rejected their non-existent offer. I didn’t reject it, I never received but I consider that a laptop that has a major component fail after 14 months, then has to have a new battery (which I do accept are not designed to last a long time) but then for the inherent fault to begin to manifest itself after 18 months. It was the purchase of my telescope that first indicated there was something not quite right with the graphics on my laptop, however, at the time I put the problem down to the new astronomy software I was using as I was unaware of the scale of the true problem. I put up with the problems until it failed terminally with the green hue to the screen, it was only because I was going to replace the LCD when I learned of this particular Nvidia chip fault. This is why it has taken me as long as it has to deal with it. I do not feel that 6 months after the warranty expiring is fair and reasonable use and I feel their offer falls way short. I also feel that Ebuyer have been deliberately obtuse and made this entire process as difficult as possible to discourage me.
They state if I had co-operated then this issue would have been resolved.
I feel I did co-operate. I feel Ebuyer were, at every opportunity, not co-operating.
Also, I do not believe they can hide behind the shield of “company policy” to only pay just over half of the technical report I have had done. I do not control what that company chooses to charge, I paid for and received an excellent first class service from them. I chose that company as they have experience in this field and I read excellent reviews from other customers in the same position as myself.
I have given Ebuyer options to end this, they could have met me half way but have instead met me head-on. David vs Goliath you might say.
This is why I have decided to take this to court, because it has taken far too long for me to get anywhere with Ebuyer.

Yesterday, 07/11/11
I sent (Ebuyer) an email, I have included it here. It was, I consider, a reasonable offer to end this before it went to court. I sent an electronic email delivery and read receipt. Sadly, it seems they are experiencing email difficulties as the message has failed to deliver despite sending it twice.

I swear everything I have written down is true.

RE: Court Claim – Mr ************ VS Ebuyer UK LTD

I am sending this email today to confirm that we have now received your evidence to the claim opened against Ebuyer.

Unfortunately the email address you have sent correspondence to is invalid; my correct email address is **********

After reading through your evidence in detail, I would like to try and resolve this case and prevent both parties attending court. We would like to offer the proportionate refund for the item of £287.16 and the £65 you paid to obtain the technicians report. We would also like to offer the court fees of £60 as a gesture of good will and in an attempt to resolve the claim, as we have been in contact with the court today and they have confirmed that if they receive written confirmation that the claim has been settled before 7days prior of the hearing date, then they can refund the £80 hearing fees you have had to pay. This would result in a full and final settlement figure of £412.16.

Please confirm if you are happy to accept the amount offered, if so please inform the court and confirm in writing the case has been withdrawn? Once we receive this confirmation, we can arrange for the amount of £412.16 to be added to your Ebuyer account as account credit.

I look forward to hearing from you and hopefully getting this matter resolved as soon as possible.
Kind Regards




Dear *******.
I’ll cut to the chase, make it £475 and I will agree to close the case.
I feel I have a strong case but would prefer not to have to take time off work and I feel sure you would prefer not to waste time and fuel travelling to *******.
I feel my counter offer of £475 reflects fairly the costs I have incurred, the inconvienience I have suffered and I would be lawfully entitled to ask for a cash settlememt but I have been fair and would like to continue my patronage of your business. That will bring this to an end, your good name is preserved on the internet, and this unpleasant business goes no further.
I urge you to respond favourably and promptly.

Thank you for your response.

I can advise in order to settle this claim; we are willing to offer £475 in the form of account credit with Ebuyer.

Once we receive confirmation that the courts have been informed the case has been withdrawn, I can then arrange for the credit to be added to your account.

I look forward to hearing from you and once again apologise for any inconvenience caused in this matter.
Kind Regards

Dear *********.
Thank you for your swift and positive response. I would prefer this in writing but due to the time constraints I shall put my trust in yourself to honour this agreement….
I shall call into court tomorrow morning, advise them of the out of court settlement and then shall email yourself to let you know. I then expect my credit to be applied within 24 hours of your receiving this confirmation.
I am pleased we have been able to settle this amicably and I look forward to many more years of trouble free shopping with yourselves.
Please confirm you have received this…
Regards.
I can confirm that once we receive confirmation of the case being withdrawn the settlement offered will be added to your account as account credit.

I look forward to hearing from you tomorrow and getting this case closed.
Kind Regards
Dear ********. I have just this minute handed in the notice of intent to cancel. If you would be so kind as to phone them then they will confirm this. Please inform me that you have then credited my account with £475.00. Thank you.


Dear ********
RE: Court Claim – Mr********* VS Ebuyer UK LTD

Thank you for your response.

I can advise that after contacting the courts and the courts advising that the case has been withdrawn, you now have £475.00 credit on your Ebuyer account.

If you have any further queries please do not hesitate to contact me.
Kind Regards

So there it is....9 months but i never backed down and came up trumps..

Hello Cornz,

Well done on the way that you went about this.

I am sure that your persistence played a major part in your success.

To be honest though Ebuyer seem to have changed their practices now and are dealing with this matter in a much more professional way - which is a refreshing change so, to be fair, well done to Ebuyer.

Good luck with your next purchase and I hope it gives you years of faithful service.

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.

like! Thanks for sharing your experience, I am currently in the process of sorting my laptop failure with play.com and hope to achieve the same results.

Well done!
Edward