Need Advice With My Statuary Rights...

    I bought a graphics card (XFX Geforce 7800 Overclocked) way back around mid March.

    It had an intermittent fault where I would loose video signal completely, the only way I could get a picture back again was to restart the computer.

    This happened regulary during gaming, and video playback, but sometimes it could go for a week or more without playing up, other times it would play up all day and I might be lucky and the problem would disapear the next.

    I sent the card back Overclockers.Uk (where I purchased the product) as faulty, explaining the fault and what I had tried etc etc, it was returned and I found out it was the original card, put it into my computer and the problem occured after playing a video for around 10 minutes. I called them up and they said the card passed there benchmark tests (6 hours) and that no fault was found.

    I sent the card back again and underlined the fact that this was intermittent and asked them to test it as long as possible, they said they spent the whole day this time running the card and still no fault was found. At this point I gave up as there was no help on the internet and Overclockers were simply charging me around £25 each time I sent it in for testing. I spent hundred's on other computer parts to make sure it was the graphics card and still the fault was there.

    It wasn't until about a month later I read a forum where this problem occurs in every overclocked version of this card, and a small team had created a driver to correct the problem until nVidia released a driver to resolve the issue.

    This worked and I sent all the documentation to Overclockers along with the card, a 4 page!! word document of everything I have done, other people having the same problem etc

    It took a week for them to get round to even testing it this time (Was tested/dispatched same day last 2 times) I was never contacted by them as to what was happening, I had to chase them up and spent 20 minutes in queue on the support line to be told it was faulty and they sent it for replacement.

    A whole month passed and I asked for a status report on how long this was going to take, and if they were unable to replace it could they please just refund me the money, along with test fees they charged. Until this day I have yet to recieve a reply from them, as they chose to ignore the problem and hope it goes away.

    Now that so much time has passed do I have a leg to stand on when it comes to a full refund? Surely their are laws to prevent them taking the card away for months and not supplying a replacement?

    Any help will be much apreciated, I am going to rung them tonight and would like to be armed with the legal mumbo jumbo



    Original Poster

    PS Don't ever buy an XFX card or purchase from Overclockers Is the worst treatment I have ever had from companies ever.

    Neither company seems to accept responsibility and now they have my money they don't seem to care...


    Sorry to hear about your problems. The Sale of Goods Act requires all goods to be fit for purpose. From what you are saying, the goods were not fit for purpose and so you will be able to rely on the Sale of Goods Act to extract compensation.

    However, Overclockers will argue that they tested and re-tested the card without finding fault. They cannot be responsible for conflicts with other hardware / software that you have on your machine and so the card was fit for purpose.

    You have provided evidence that this was a known problem with that card and so even an unfaulty card was not fit for purpose. This should be sufficient for you to win.

    Next comes compensation. If overclockers could have been reasonably expected to have known about the problem with the card, you would be able to recover the testing costs. You will find this difficult to prove and so probably cannot legally claim back the costs of testing. You have had some use out of the card and so Overclockers would also be entitled to not refund the full purchase price of the card and to make a deduction for this use, although that would probably be limited to around £30. Hence, purely from a legal position, you should be entitled to purchase price less £30 as compensation.

    Reputable companies would likely offer you a choice: Full purchase price refund or replacement with modern equivalent at no cost. I doubt that many would offer to refund the testing costs.

    Original Poster

    Thanks, just as I thought.

    I'll call them tonight and try to get a "like for like" on a modern equivalent.


    Thanks for helping out TPP ]Lowtrawler, +rep too!

    Original Poster

    well i called them today...twice, was 1st in queue for first call!

    basically after 28 days after testing if nothing happens the manager gets off his fat ass and starts making calls/email to XFX in this case. im not very good at persuading telephone reps to help me out and back down easy so i hang up the phone accepting that as an answer lol

    about 30 seconds after i realised its been well over 28 days (they got it on 2nd august, didnt test it till 10th, then its been a further37 days since then. assuming they really did test it on the 10th, i rekon they lied to buy more time but i cant proove that so will have to rest)

    Anyway i called up again and had to wait 3 places this time after about 10 minutes i get through and tell the same operator that its been more than 28 days, its been at least 37 and he then went on to tell me that Overclcokers have had a meeting with XFX last week or so as alot of returns are waiting for replacements. the manager/managing director should contact me again within the week either sending me back a return or a credit note.

    as the card i have purchased is almost the best model their is only another the betters it, so hopefully i might able to get a good "deal" from this, fingers crossed.

    not really a deal though with the amount of time and money spent on this thing,but hopefully soemthing!

    update on this TPP?

    Original Poster

    well as an apology i got a replacement card for my XFX Geforce 7800 Overclocked, the replacement is a Leadtek GeForce 7950 GX2

    Calling them didn't work so I posted on the forum, and was lucky enough to get a fairly good deal...…527

    Thats great news well done TPP and well done Overclockers!! (took ya time tho!)
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