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 Post subject: alienware nvidia problem
PostPosted: Tue Aug 05, 2014 12:43 am 
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Joined: Mon Aug 04, 2014 11:09 pm
Posts: 1
Laptop Make: Alienware
Model: m17xR3
Purchased From: Direct From Manufacturer
Amount Paid: 1762
Date Purchased: 30 Nov 2011
Date Failed: 15 Jan 2013
Hi Team

1st must say awesome forums had a good read about all the dell stuff.

My problem is with an alienware m17xR3 laptop, with an nvidia gtx580m. i purchased the laptop through my fathers debit card back in 30/11/2011 as i was working away, when i got back in December i was like a child at Xmas with my new toy, all worked amazing and loved it to bits.

On 15/02/2013 (about 15 months after purchase) i kept on getting BSOD 0X116 telling me there is a problem with my nvidia card, i called dell and they said it was out of warranty but still under statuary rights and they would replace it, so within a week an engineer came out and replaced it and back to normal.

now on 05/08/2014 (about 18 months after they replaced card) i got the BSOD again this time i got 0x116 and 0x101. screen went purple, had to go into safe made and roll back, took 4 attempts on different roll back dates. eventually got back into my system and now the laptop does not acknowledge that it has a nivdia card there (running laptop with on-board Intel gpu). i tried to install the drivers again and checked the bios where it is not even showing i have the nvidia card.

Called dell today 05/08/2014 where they played the out of warranty card, so i politely informed them of the previous problem and it has happened again.
They said they will be willing to look at it but will cost me £90 for the service (lmao) where i said that im not prepared to pay for that as this is not an isolated incident and many other people have the same problem with the same make and model.
I sent an email to dell management where they stated that the laptop is out of service and warranty and if i would like to have the paid service email my phone number and time to call for arrangement.

what i need to know what chances do i have against them under the sales of goods act 1979, what i have already quoted to them.
at the moment i have an extremely expensive typewriter (£1742 with discount code with out just over £2000) what is extremely limited to what i can do with it and is now not fit for what i purchased it for.

Many thanks for any replies

Craig


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PostPosted: Wed Aug 06, 2014 6:42 pm 
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Joined: Tue Jun 09, 2009 6:54 pm
Posts: 7864
Graphics Card: 8600M GS
Purchased From: High Street Store
Amount Paid: 0
Hello Craig and welcome to my forum.

Sorry to hear of the problems you have experienced.

Firstly, may I point out that as the laptop was purchased using your father's debit card then legally he is the purchaser and so it would have to be him that pursues a claim with Dell.

You would not want to file a claim only to find that Dell refutes your claim on the grounds that they have no contract with you.

I have read what you have stated and I am astounded when you stated:-

Quote:
They said they will be willing to look at it but will cost me £90 for the service...........


Firstly, as the problem with your laptop is most likely to be related to the Nvidia defect, then any costs incurred in diagnosing such a problem are what is known as a "consequential loss".

This basically means that were it not for the fact that your laptop failed prematurely due to an inherent defect then you would not have to spend the money obtaining such a diagnosis.

Therefore the retailer, Dell, would be liable to pay this cost.

Secondly, after already replacing the original graphics card due to the defect do they not think that it is within the bounds of reason that such a problem could re-occur again?

If so then why are they trying to charge you?

If they don't know - and I cannot believe that they don't, then who on earth is running their Tech department.

As your laptop is a premium model that it should have lasted you a minimum of 6 years and it's premature failure is wholly unacceptable.

Both the Sale Of Goods Act 1979 (as amended) and the Limitations Act 1980 provide you with up to six years in which to file a claim when the goods contain either a manufacturing or inherent defect.

Dell have settled many, many cases though most of the settlements were subject to "Non Disclosure Orders" which means that the customers couldn't eagerly tell others that there was a chance of success.

Persistence is the key to success in such matters. Of course Dell will probably try and fob you off with the age old "sorry sir but you are out of warranty but you can pay us to remedy our problem" but please do not be wavered.

They will probably refer the case to their legal team, a company called Geoffrey Leaver Solicitors, who will also no doubt try and refute your claim.

Stand your ground, stick to your guns, be persistent and you will succeed.

Have a look at the "step by step guide", the link is in my signature, and that will give you all the information that you require.

If you need any help or advice then 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.


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PostPosted: Fri Aug 08, 2014 2:18 pm 
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Joined: Sun Jun 08, 2014 11:15 am
Posts: 1
Laptop Make: Alienware
Model: M17x R3
Purchased From: Direct From Manufacturer
Amount Paid: 1539
Date Purchased: 31 Jan 2012
Date Failed: 24 Jan 2014
Hello,

I wanted to add to this post because I have exactly the same laptop and am part way though trying to make a claim to Dell.
If this isn't evidence enough that the thing is inherently faulty...

I have Alienware M17x R3 Nvida 580m GTX graphics Card. Purchased 30/01/2012 for a small token of £1538.99
Graphics card failed Dec 2012 - replaced under warranty by Dell. (same issues BSOD, would crash playing high end games until it wouldn't boot with a graphics driver installed)
Failed again Jan 2014 - Also took out motherboard - both replaced by dell under warranty which was i thought was pretty good at the time
Failed GPU & motherboard again May 2014 - Dell refuse to replace as parts on have 90d warranty.
Complaint online to Technical complaints - They can only offer repair at cost of £750 o_O

So i used your template, thank you very much, brilliant resources. Posted letter to Dell.

I received a call today. The nice man tried to explain that they couldn't offer replacement to new system or refund but they would give a discount on the repairs cost, of £75 >_<. As expected tried to explain difference between warranty and Guarantee and that parts don't come with guarantee. Any other nonsense he could think of such as there isn't a known fault with that card and why would they replace system when card is faulty.
He even confirmed that if they did repair it it might not be with new parts, they could be refurbished. I stuck to my guns and refused everything and quote sale of goods and might rights to no avail.

I have his offer in writing in an email. I'm fairly confident I have a case, though i would rather not have to get to small claims.
I presume the next step is an engineers report and final letter, i wondered if you still carried out the reports Paul? Is the original link still valid?

Great website btw, its been awesomely helpful.
@craig I feel your pain


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PostPosted: Fri Aug 08, 2014 7:17 pm 
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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 and welcome to my forum.

Quote:
If this isn't evidence enough that the thing is inherently faulty...


My thoughts exactly!!!!

I am glad that Dell do not make cars!

You have a very good case against Dell because the law states that any parts used to effect a repair have to be of merchantable quality.

The fact that Dell have replaced the parts numerous times tells me that the parts they used were also inherently defective and were doomed to fail prematurely. How scandalous is that!!!!

When they state that the parts could be "refurbished" what exactly do they mean?

Do they mean repaired after previously failing?

Who knows but whatever the case they cannot now try and wash their hands of your claim.

When you state that you would rather not go to the Small Claims Court I can fully appreciate what you are saying, but believe me, Dell and their legal team will not allow this to go to court for two reasons.

1) They cannot possibly win as the preponderance of the evidence is enough to prove that the laptop and the parts used to repair it were inherently defective.

2) It would cost them too much to defend it.

I have been dealing with Dell's legal representatives, a company called Geoffrey Leaver, for a number of years now and whilst they too will probably try and refute your claim if you are persistent and file your claim they will settle along with paying your court filing costs - probably subject to a non disclosure order.

I know of many cases that were settled where the customer is forbidden from revealing the fact that they have reached a successful resolution - probably in the hope that others will not realise that a successful resolution can be reached.

I do indeed still perform engineers reports and the original link is still valid.

I tell this to everyone who requests help and that is to be persistent.

Don't be fobbed off. Remember. you spent a lot of money on the laptop an that was hard earned money so why should you just flush it down the proverbial toilet by buying a defective laptop?

Stick to your guns, stand your ground, be persistent and you will be successful.

The law is on your side and if your laptop is indeed inherently defective then you really cannot lose.

If you need any help with your claim then 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.


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