- Original Poster
- #1
Hi, Hoping somebody with Consumer rights law experience can help..
I purchased some IT equipment for my business two months ago, that is now part of a product recall due to manufacturing errors/defects causing overheating, explosions & Fires etc (no it's not a Samsung phone!)
The product is an EVGA Graphics card, EVGA has fully acknowledged the manufacturing error and has proposed some methods of fix:
#1: Advanced replacement - But to do this, I have to pay £700 in advance, which will be returned within 28 days.. (although the replacement has same drawbacks as below)
#2: Software update which artificially slows the card down, and increases fan speed (and noise). These two features were my primary purchasing decisions, which have now changed the product into something I would not have considered purchasing.
Where do I stand on deeming this as not fit for purpose under the consumer rights (effectively the old distance selling) as it states amongst other things that: (have trimmed unnecessary bits)
"If a repair or replacement is not possible, you have a further right to receive a refund of up to 100% of the price you paid or to reject the goods for a full refund."
&
the cost of the repair or replacement would cause you significant inconvenience (Would cause me business downtime)
As stated, their repair option is not viable as it detrimentally changes product, and replacement will have same issues, but the reseller (scan.co.uk) is just not interested... although "They see my viewpoint"
Any advice or help before I am forced to go down small claims route would be appreciated.
Matt.
I purchased some IT equipment for my business two months ago, that is now part of a product recall due to manufacturing errors/defects causing overheating, explosions & Fires etc (no it's not a Samsung phone!)
The product is an EVGA Graphics card, EVGA has fully acknowledged the manufacturing error and has proposed some methods of fix:
#1: Advanced replacement - But to do this, I have to pay £700 in advance, which will be returned within 28 days.. (although the replacement has same drawbacks as below)
#2: Software update which artificially slows the card down, and increases fan speed (and noise). These two features were my primary purchasing decisions, which have now changed the product into something I would not have considered purchasing.
Where do I stand on deeming this as not fit for purpose under the consumer rights (effectively the old distance selling) as it states amongst other things that: (have trimmed unnecessary bits)
"If a repair or replacement is not possible, you have a further right to receive a refund of up to 100% of the price you paid or to reject the goods for a full refund."
&
the cost of the repair or replacement would cause you significant inconvenience (Would cause me business downtime)
As stated, their repair option is not viable as it detrimentally changes product, and replacement will have same issues, but the reseller (scan.co.uk) is just not interested... although "They see my viewpoint"
Any advice or help before I am forced to go down small claims route would be appreciated.
Matt.
