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PostPosted: Sun Apr 28, 2013 10:33 am 
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Joined: Sun Apr 28, 2013 10:05 am
Posts: 3
Laptop Make: Acer
Model: Aspire 5920G
Graphics Card: 8600M GS
Purchased From: Website Sale
Amount Paid: 454
Date Purchased: 04 Sep 2008
Date Failed: 01 Nov 2012
Hello everyone!

:nh I bought the above laptop (Nvidia GPU model GeForce 8600m GS) from Amazon on the 4th of September 2008, until November last year my laptop worked very well gaining my respect and admiration, but suddenly one day the so much dreaded Bios screen appeared out of the blue! (no pun intended). After doing some tests I realized that the issue was hardware related and I sent my laptop to repair to www.mytechguys.co.uk.

Well, now that I am reading this Forum I wish I had not do that because after paying around 150£ for having my GPU replaced with a new one it failed again 3 months after and to add to my luck the repair warranty just expired. the week before this happened.

I was really frustrated so I did more research about this issue and found the "oven-baking trick" which worked perfectly well until a week ago, hence the reason I am writing in this Forum which I should have found back in November! but well past is past.

What I need now is some advice on how to proceed with this issue as I am realising now that this is a GPU inherent defect which gives me a warranty of 6 years from the manufacturer, is that correct?

Does anyone have any experience from dealing with this kind of stuff with Amazon?

Any help or advice will be greatly appreciated.

Thanks!

Luis


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PostPosted: Sun Apr 28, 2013 5:06 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 Luis and welcome to my forum.

Sorry to hear that your laptop has failed.

The good news is that because you did not know that the cause of the failure of your laptop was due to an inherent defect, then the cost of the repair could also be recoverable as part of your claim.

This is because the sum you paid is a "consequential loss" and as such Amazon, the retailer, is responsible.

Under the Limitations Act 1980 and the Sale Of Goods Act 1979 (as amended) you have six years from the date of purchase in which to make a claim when the goods in question contain an inherent defect.

Ho did you pay for the laptop? If you paid by credit card then you could also pursue the card company for a "Section 75" refund.

The first thing you need to do is to contact Amazon to report the failure of your laptop. You should tell them that the laptop has failed due to what you believe to be an inherent defect with the Nvidia GPU.

They may tell you that your laptop is out of warranty and that there is nothing that they can do. You should tell them that the warranty status is irrelevant as you have six years from the date of purchase in which to bring an action against a retailer when the goods in question are inherently defective.

They may then tell you to contact Acer. You should tell them that you purchased from Amazon and not from Acer so it is entirely Amazon's responsibility to resolve the situation.

See what they say. If they say they will inspect it for a fee you should refuse and say that due to the "reverse burden of proof" then you will provide your own independent engineers report.

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

If you follow my advice in that guide then you will be successful.

I hope the above helps.

If you have any questions or if you need any advice then please let me know.

Good luck and 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: Mon Apr 29, 2013 8:35 am 
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Joined: Sun Apr 28, 2013 10:05 am
Posts: 3
Laptop Make: Acer
Model: Aspire 5920G
Graphics Card: 8600M GS
Purchased From: Website Sale
Amount Paid: 454
Date Purchased: 04 Sep 2008
Date Failed: 01 Nov 2012
Hello Paul,

Many thanks for your advice. Just to let you know I bought my laptop from Amazon using a debit card.

I will proceed to call Amazon at some point during today but first I wanted to ask you what should I expect from all this process? I mention this because I used your refund calculator and the minimum I am entitled to is £144 and cant stop but wonder if its all worth it. I just found out that the engineer report service you provide costs £65 so really i will be doing all this for even a smaller refund amount.

Anyhow, it might be the case that this does not have to go to the full extent of needing that report but I will soon find out after a give them a call. I will keep you posted.

Regards,

Luis


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PostPosted: Tue Apr 30, 2013 9:38 am 
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Joined: Sun Apr 28, 2013 10:05 am
Posts: 3
Laptop Make: Acer
Model: Aspire 5920G
Graphics Card: 8600M GS
Purchased From: Website Sale
Amount Paid: 454
Date Purchased: 04 Sep 2008
Date Failed: 01 Nov 2012
Hello Paul,

As expected, the customer services guy was not properly trained to deal with this kind of complaint. He basically stated that Amazon is liable only within the first year of purchase and that I should contact Acer about the issue, there was no point in arguing with this guy. Therefore, I asked for Head Office address and I will send them a letter of complaint and wait for their response.

Regards,

Luis


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PostPosted: Tue Apr 30, 2013 10:16 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 Luis,

What Amazon have told you is absolute baloney as they are solely responsible for the failure of your laptop and Acer have absolutely no obligation to you.

It riles me when companies such as Amazon feed their customers with baloney like this. They really should know the law and if they don't then they should send their staff on an intense training course.

Good luck with the letter and I hope that it prompts them into action.

I look forward to your next update.

Good luck and 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 Jun 28, 2013 6:05 am 
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Joined: Fri Jun 28, 2013 5:32 am
Posts: 3
Laptop Make: Acer
Model: Aspire 5920G
Graphics Card: Unknown
Purchased From: Website Sale
Amount Paid: 499
Date Purchased: 17 Jun 2008
Date Failed: 01 Jun 2013
Hi Paul
Was this case successful as I have exactly the same problem with my Acer Aspire 5920G that I purchased from Amazon in June 2008. Basically the GPU is frazzled, your calculator suggests a refund of approx. £86 so is it worth the hassle? Will I have to pay also for an engineers report and try and claim this back, adding to my costs?
Please advise.
Thanks
Paul


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PostPosted: Sun Jun 30, 2013 9:11 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 Paul and welcome to my forum.

I am not sure if this was successfully settled or not as the poster has not updated his thread for some time.

What I can say is that 99% of those that have sought a resolution have been successful so you have absolutely nothing to lose.

I agree with you that £86 is a very small amount so I would advise that instead you pursue a free repair. At least then you will have a working laptop.

Whilst there can be no guarantee's with regard to such repairs it is, in my opinion, a better resolution.

With regard to the engineers report, this is a consequential loss so you would receive a refund of this as part of your claim.

Alternatively, you could always replace the graphics card in your laptop and that will, for an unknown period of time, resolve your problem.

I think the free repair is your best option.

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.


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PostPosted: Mon Jul 01, 2013 4:27 pm 
Offline

Joined: Fri Jun 28, 2013 5:32 am
Posts: 3
Laptop Make: Acer
Model: Aspire 5920G
Graphics Card: Unknown
Purchased From: Website Sale
Amount Paid: 499
Date Purchased: 17 Jun 2008
Date Failed: 01 Jun 2013
Thanks Paul for your advice, I think I'll contact Amazon and take it from there and see what happens
I'll keep you posted.
Rgds
Paul :?:


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PostPosted: Tue Jul 02, 2013 5:41 pm 
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Joined: Fri Jun 28, 2013 5:32 am
Posts: 3
Laptop Make: Acer
Model: Aspire 5920G
Graphics Card: Unknown
Purchased From: Website Sale
Amount Paid: 499
Date Purchased: 17 Jun 2008
Date Failed: 01 Jun 2013
Here is Amazons response to me claim........tell me what you think! :c

My name is Declan Carey and I represent Executive Customer Relations within Amazon.co.uk and in this capacity, your correspondence has been brought to my attention.

I am sorry to hear of the difficulty experienced with the Acer Aspire Notebook received in June 2008 from your order # 202-0244078-0474720.

The European Directive 1999/44/EC allows for a claim to be taken (under certain circumstances) for a period up to two years in accordance with European Law, and up to six years under UK law.

This does not imply that an item has a warranty of two years or six years respectively. It merely permits an individual to make a claim under certain circumstances within that time period, e.g. should a fault be proved to have been inherent in the first six months.

Amazon do not provide the warranty for this item. We do, however, cover our obligations under the relevant legislation such as the Sale of Goods Act 1979 in the UK. Under the Sale of Goods Act, a consumer is granted recourse against a seller of goods if those goods were defective at the time of purchase. This may include, in certain circumstances, repair, refund or replacement but only to the extent that doing so is not disproportionate to the value of the goods, having regard to the use the customer has already had of the goods and the nature of the goods.

You purchased your product approximately 60 months ago and, until recently, have used it successfully and reported no fault with the product. Given your satisfactory use of the product for a period of time which exceeded the manufacturer's warranty period, it is not established that the product did not conform to the contract (i.e. was defective) at the time of purchase.

Amazon.co.uk is therefore not under an obligation to offer any additional assistance in repairing or replacing your product.

Please note that the manufacturer is often in a better position than the retailer to deal with technical problems affecting their products. Therefore, should you wish to pursue this matter, we would encourage you to contact the manufacturer to see if they are able to provide you with any further assistance. They may be in a position to offer a repair service or could provide you with information on relevant charges for an out of warranty repair:

- Manufacturer: Acer
- Phone: 0871 760 1000
- Web: www.acer.co.uk

Thank you for your attention to this email.


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