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panda123

159 posts

Master Geek


#245198 23-Jan-2019 12:42
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Hey guys, so on black friday I purchased a Gigabyte 1060 6GB OC from computer lounge. The card was taken out of the box/used about 1-2 months ago when I had time to put everything together to build my PC. About a month in the HDMI port stopped working and I sent it back to CL (card I sent back physically looked brand new) which they then said they will send on to their supplier to get it checked and send me a replacement. Yesterday I received a replacement card, which looked like it has been used for over a year with dust build up on the fans and heatsink. Is it normal for them to send me a replacement secondhand/refurbished card that's is much older than mine and looked like it had been pushed hard (don't get the same FPS as I'll usually get on my games at the same setting). I have emailed these photos of the replacement card I received as asked them to speak with their supplier as I was expecting a new card or my old one being fixed. Am I doing the right thing? Any Advice would be much appreciated.

 

 

 

Thanks!

 



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Dolts
213 posts

Master Geek


  #2166174 23-Jan-2019 12:59
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I would be pi$$ed if they sent me that.

 

I would follow up with a phone call, the staff there can be pretty helpful.


davidcole
5522 posts

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  #2166175 23-Jan-2019 13:00
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Who sent the replacement, CL or Gigabyte directly?

 

Sounds like you need to go back to CL and tell them it looks used.  I suspect it;'s a refurb card.....but it should be cleaned much better than that.

 

 





Previously known as psycik

OpenHAB: Gigabyte AMD A8 BrixOpenHAB with Aeotech ZWave Controller, Raspberry PI, Wemos D1 Mini, Zwave, Xiaomi Humidity and Temperature sensors
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panda123

159 posts

Master Geek


  #2166179 23-Jan-2019 13:10
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So the replacement sent by CL's supplier to back to CL then CL sent it back to me ("Product has been replaced by Manufacturer/Supplier"). I gave CL a call yesterday and they told me to send the card back to them but I needed my PC/card for work so I said I need to hold on to the card till a get a new replacement but I could email them the photos which I did and they said they will talk to the supplier. I would have thought the supplier would have given me a brand new card as it was a manufacturing fault.




davidcole
5522 posts

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  #2166186 23-Jan-2019 13:14
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Previously known as psycik

OpenHAB: Gigabyte AMD A8 BrixOpenHAB with Aeotech ZWave Controller, Raspberry PI, Wemos D1 Mini, Zwave, Xiaomi Humidity and Temperature sensors
Media:Chromecast v2, ATV4 4k, ATV4, HDHomeRun Dual
Windows 10
Host Plex Server 3x3TB, 4x4TB using DriveBender, Samsung 850 evo 512 GB SSD, Hyper-V Server with 1xW10, 2xUbuntu 20.04 LTS, Backblaze Backups, 


panda123

159 posts

Master Geek


  #2166237 23-Jan-2019 13:23
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I'm going to request to either get my original card fixed or a brand new one, can maybe accept a refurbished if it's in extremely good condition. How I think about it is that I didn't pay near full price for a brand new unit for a port to fail on me after a month then get sent back a unit that looks like its been used for over a year and had bumped into some problems so they fixed it up and sent it onto someone else (me). Am I doing the right thing by going back to CL and talking to them about it?


SirHumphreyAppleby
1967 posts

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  #2166239 23-Jan-2019 13:24
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panda123:

 

So the replacement sent by CL's supplier to back to CL then CL sent it back to me ("Product has been replaced by Manufacturer/Supplier"). I gave CL a call yesterday and they told me to send the card back to them but I needed my PC/card for work so I said I need to hold on to the card till a get a new replacement but I could email them the photos which I did and they said they will talk to the supplier. I would have thought the supplier would have given me a brand new card as it was a manufacturing fault.

 

 

When it comes to DOA hardware I always request a forward replacement. I've had too many 'new' items replaced with rubbish refurbished parts. If the item sent as a replacement isn't up to the required standard, I will hold on to both items until a refund is provided. There is no second chance. If they won't replace new with new, I don't trust them not to pull the same trick on a warranty claim.

 

In your case, it's past the usual DOA period, so you have to handle it as a warranty claim. I wouldn't settle for what was sent however. Contact CL, tell them it's not good enough, and insist that the replacement be in at least the same condition as the part you returned. A proper refurb should always be clean and tidy, not covered in dust. Dust suggest it's been tested by someone, found to be working, shoved back in a box, and the issue for which it was sent in, which was possibly intermittent, still exists.


panda123

159 posts

Master Geek


  #2166258 23-Jan-2019 13:40
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SirHumphreyAppleby:

 

panda123:

 

So the replacement sent by CL's supplier to back to CL then CL sent it back to me ("Product has been replaced by Manufacturer/Supplier"). I gave CL a call yesterday and they told me to send the card back to them but I needed my PC/card for work so I said I need to hold on to the card till a get a new replacement but I could email them the photos which I did and they said they will talk to the supplier. I would have thought the supplier would have given me a brand new card as it was a manufacturing fault.

 

 

When it comes to DOA hardware I always request a forward replacement. I've had too many 'new' items replaced with rubbish refurbished parts. If the item sent as a replacement isn't up to the required standard, I will hold on to both items until a refund is provided. There is no second chance. If they won't replace new with new, I don't trust them not to pull the same trick on a warranty claim.

 

In your case, it's past the usual DOA period, so you have to handle it as a warranty claim. I wouldn't settle for what was sent however. Contact CL, tell them it's not good enough, and insist that the replacement be in at least the same condition as the part you returned. A proper refurb should always be clean and tidy, not covered in dust. Dust suggest it's been tested by someone, found to be working, shoved back in a box, and the issue for which it was sent in, which was possibly intermittent, still exists.

 

 

 

 

Do I have any ground to stand on if I requested for a new product or my one I sent in with it fixed up?




SirHumphreyAppleby
1967 posts

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  #2166264 23-Jan-2019 13:47
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panda123:

 

Do I have any ground to stand on if I requested for a new product or my one I sent in with it fixed up?

 

 

Not really. Repair work, if any, is unlikely to be done in New Zealand, so you're never going to see your card again. Warranties usually allow for refurbished products to be provided, however it's not reasonable for the item to be in worse condition than what you sent in.

 

The dust suggests the card didn't make it back to the manufacturer for proper inspection and repair. It may have just gone back to the NZ distributor, who deemed it to be working, and sent it out to the next (hopefully) unsuspecting victim.


dacraka
713 posts

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  #2166341 23-Jan-2019 15:26
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SirHumphreyAppleby:

 

panda123:

 

Do I have any ground to stand on if I requested for a new product or my one I sent in with it fixed up?

 

 

Not really. Repair work, if any, is unlikely to be done in New Zealand, so you're never going to see your card again. Warranties usually allow for refurbished products to be provided, however it's not reasonable for the item to be in worse condition than what you sent in.

 

The dust suggests the card didn't make it back to the manufacturer for proper inspection and repair. It may have just gone back to the NZ distributor, who deemed it to be working, and sent it out to the next (hopefully) unsuspecting victim.

 

 

Actually, yes he does have a leg to stand on!

 

Read this: https://www.consumer.org.nz/articles/refurbished-iphone-not-adequate-replacement


SirHumphreyAppleby
1967 posts

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  #2166348 23-Jan-2019 15:33
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dacraka:

 

Actually, yes he does have a leg to stand on!

 

Read this: https://www.consumer.org.nz/articles/refurbished-iphone-not-adequate-replacement

 

 

The CGA only requires a replacement to be of an identical type. In the case above, the nature of the replacement was misrepresented by the retailer.


panda123

159 posts

Master Geek


  #2166425 23-Jan-2019 18:19
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CL has contacted their supplier and they are sending them one that's "not dusty" so I'm gonna go ahead and say its another refurbished part. Going to send them another email to request a brand new one 

 

 

 

So according to that article "The Consumer Guarantees Act requires goods to be of acceptable quality. When a product has a minor fault, the retailer can choose to repair or replace it, or provide a refund. If a replacement is provided, it must be identical. In our view, refurbished phones or service units don’t meet this legal test."

 

 

 

So the replacement must be identical and further on it says "refurbished phones don't meet this legal test" so I should expect a new 1060 then?


SirHumphreyAppleby
1967 posts

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  #2166439 23-Jan-2019 18:42
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panda123:

 

CL has contacted their supplier and they are sending them one that's "not dusty" so I'm gonna go ahead and say its another refurbished part. Going to send them another email to request a brand new one 

 

 

 

So according to that article "The Consumer Guarantees Act requires goods to be of acceptable quality. When a product has a minor fault, the retailer can choose to repair or replace it, or provide a refund. If a replacement is provided, it must be identical. In our view, refurbished phones or service units don’t meet this legal test."

 

 

 

So the replacement must be identical and further on it says "refurbished phones don't meet this legal test" so I should expect a new 1060 then?

 

 

Consumer is not a source of legal advice. The article is commentary on a specific case, nothing more. Consumer states "In our view, refurbished phones or service units don’t meet this legal test", and in the cited case it was found "the refurbished phone didn’t meet the requirements of the CGA." That's not to say any refurbished item doesn’t meet the requirements of the CGA.

 

Should you expect a new 1060? I think it's a reasonable request given the item was so new, but the intent of the Act is to ensure the interests of consumers are protected, not to guarantee new stuff if something breaks. I look at it like this - what I receive as a repair or replacement must not be in any material way less than what is provided for repair or replacement. If the service is deficient, e.g. you believe the supplier has been careless, by not providing you with an item that has been thoroughly tested, then I'd stress that point. I.e. Prove to me that what is provided is fit for purpose.

 

 


panda123

159 posts

Master Geek


  #2172041 2-Feb-2019 23:58
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Update, they sent me a 2nd refurbished one stating the supplier says it's near new condition. As soon as the fans kicked in the 2nd fan (furthest away from the display ports) has a light constant ticking sound which CL could be a fault fan so now I have to send the 2nd gfx card back to them and this time they are going to try ask supplier for an exchange on a brand new unopened one or credit to get a new one (which I'm thinking I could possible go up to the 2060)


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