Refund for Failed Graphics Card within 11 Months (Is Prorated Refund Legal?)

jsb on 07/07/2022 - 16:10

I bought a graphics card in July last year which went bad a month ago. Sent it to retailer and today (after a month of follow ups), I was given an option to choose from 2 different cards as a replacement as the same one wasn't available. I asked for a refund under ACL.

I have received the reply saying that they can issue a pro-rata refund assuming the life of the card as 3 years (same as warranty).
Is that even legal under ACL?
From what I understand, for services, it makes sense to do pro-rata refund. but for goods, I am entitled for full refund.

Computing Computer Component Video Card

Comments

  • netjock on 07/07/2022 - 16:18
    +9

    Here I found it for you

    The business may take into account how much time has passed since you bought the product considering the following factors:

    type of product
    how a consumer is likely to use the product
    the length of time for which it is reasonable for the product to be used
    the amount of use it could reasonably be expected to tolerate before the failure becomes noticeable.
    For a major problem with services you can cancel the contract and obtain a refund or seek compensation for the drop in value of your services provided compared to the price paid.

    What is the problem with the 2 replacement cards?

    • spackbace on 07/07/2022 - 16:22
      +18

      What is the problem with the 2 replacement cards?

      Cost of card 11 months ago was likely much higher than cost of card now. OP's plan - full refund then buy replacement card for less, or buy higher spec card

    • jsb on 07/07/2022 - 16:38
      +3

      I got 3080 non-LHR at a premium when LHR ones were available cheaper just for the piece of mind that I am getting the full package.
      Right now, only LHR ones are available and it feels like I would be settling for inferior card even after paying the premium. If I have to get the LHR one now, I would like to get back the premium that I paid for the same.

      • Caped Baldy on 07/07/2022 - 16:45

        do you mine?

        My understanding is that nicehash got around the LHR

        • m0usju1c3 on 15/07/2022 - 14:26

          Correct, even other miners such as NBminer, LOLminer have surpassed the LHR lock.

      • ColtNoir on 08/07/2022 - 08:48

        Keep pushing for the full refund of what you paid. If they don’t comply threaten fair trading/make a complaint to fair trading.

        I’ve never in my life heard of a partial refund for a major fault.

    • pinchies on 07/07/2022 - 17:39
      +5

      That page also says “Refunds should be the same amount you have already paid, provided in the same form as your original payment.”

    • HeWhoKnows on 08/07/2022 - 11:47
      -3

      It is up to the supplier to offer a remedy.
      Not up to the customer to "dictate" a solution.

      With regards to the cost of the graphics cards this is totally irrelevent since the price can vary at any time.
      Especially with technology products for which the price can fall the day after the item was purchased.
      As long as the graphics cards offered as a replacement are compatible if not better in terms of specifications and performance this is quite acceptable.
      And OP has a choice of 2.
      OMG whats wrong with OP???
      They appear to be such a spoilt and self-entitled person.

      OP should stop complaining and be thankful for the very practical solution offered.

  • spackbace on 07/07/2022 - 16:21
    +3

    Which retailer?

    • jsb on 07/07/2022 - 16:39
      -3

      I would rather not name and shame at this point. It's possible that they are simply passing the options that they are receiving from the supplier

  • tsunamisurfer on 07/07/2022 - 16:27
    +6

    Wow I have never heard of a pro-rata refund as a thing.

    If its a refund, its normally your money back, all of it.

    I can imagine the outrage here if people were offered 1/12th of their money back for a major fault.

    • solidussnake on 07/07/2022 - 16:32
      +2

      You haven't had the misfortune of buying furniture from Amart lol

      • holdenmg on 07/07/2022 - 16:57
        +4

        If they can throw one sofa out of an Aircraft, why stop at one…

      • Tech5 on 07/07/2022 - 23:57

        Amart was actually solid last time TBH… Cushion on $800 two seater went a little soft after 8 months. I was refunded the money and told to keep the sofa.

      • TrustNoBody on 08/07/2022 - 08:05

        oh no …i was thinking about buying a nearly $4k lounge for their 7 yr warranty ..z they obviously don’t honour it or stuff u around

        • solidussnake on 08/07/2022 - 09:30
          +1

          I wouldn't count on it, mine was advertised as 10 years lol. Maybe they've changed their ways…

          • TrustNoBody on 09/07/2022 - 08:27

            @solidussnake: omg that’s one of the biggest selling points for me as my son has intellectual disability and broke the recliner on my last lounge so i thought amart is the way to go if i can get 7 yrs out of a lounge , then sweet as last one not even 1 year

            • solidussnake on 09/07/2022 - 09:19
              +1

              @TrustNoBody: As long as you photo copy the invoice showing the warranty and store it safely as I don't think they count on customer holding it on that long lol

              • TrustNoBody on 10/07/2022 - 19:15
                +1

                @solidussnake: good point , i either store them and forget where i’ve put it or the receipt fade , so i will definitely scan it and keep it online

    • HeWhoKnows on 08/07/2022 - 11:50

      OP was offered the choice of 2 replacement graphics cards OR a pro-rata refund.
      So the obvious choice is to take one of the replacement cards…yes?

  • [Deactivated] on 07/07/2022 - 16:41
    +7

    assuming the life of the card as 3 years (same as warranty).

    Expected life and warranty should never be fused together, imagine a car maker saying their vehilces only have a servicable life 3/5/7 years?

    If they offered a reasonable replacement with the same specs then that would be acceptable, or if the reasonable life of a graphics card is 5 years then pro rata off that, but 3 years is a bit low. Afterall there are still 3rd or 4th hand 2nd gen intel Dell optiplex's running around and working just fine.

    • pharkurnell on 07/07/2022 - 17:08

      imagine a car maker saying their vehilces only have a servicable life 3/5/7 years?

      You mean they dont ???

      • [Deactivated] on 07/07/2022 - 18:21

        Well not when there’s a 1-2 year wait for new ones, or they BS about production capacity (cmon Toyota, stop lying).
        Unless it’s a Land Rover or Virtually Worthless.

        • spackbace on 07/07/2022 - 19:23
          +1

          Toyota isn't lying about production issues…

          Wouldn't you think it's in their best interest to deliver as many cars as possible?

          • [Deactivated] on 07/07/2022 - 22:44

            @spackbace: It’s cause of the semiconductor shortage and not planning ahead. The have too much capacity and not enough components. That’s why they are shutting production plants down or reducing shifts.

            • spackbace on 07/07/2022 - 22:59

              @[Deactivated]: They planned ahead as far as they could and stockpiled them, then they ran out. It affected every auto manufacturer, why do you single them out?

              • [Deactivated] on 08/07/2022 - 07:40

                @spackbace: Cause they are the ones stopping dealers from taking orders and sending out press releases blaming others. All other makers will still at least put you in the list. Maybe they don't want to sell all they can?

                • KSMLJ on 08/07/2022 - 08:45
                  +1

                  @[Deactivated]:

                  Maybe they don't want to sell all they can?

                  That's not how businesses work.

                • spackbace on 08/07/2022 - 10:12

                  @[Deactivated]: They're briefly stopping orders for LC300, yet dealers will still take your order. Every other model is business as usual

                  Other car brands are reducing features to get cars made…

  • [Deactivated] on 07/07/2022 - 16:50
    +11

    Lkeep pushing for full refund. They profited from the situation when it suited then, they can deal with faulty equipment refunds as they are supposed to under ACL if they cannot provide a suitable replacement.

    Pro rata crap sounds dodgy as, did you buy it off Gumtree? Lol. 3 years is a piss take. Some people use the same card for a decade.

  • DemocracyManifest on 07/07/2022 - 17:17

    Errr…did you mine with it? If not I’d be unhappy but weigh up a pro rata refund vs cost of a new card despite the LHR difference. If you mined with it take LHR and call it a day

  • djkelly69 on 07/07/2022 - 17:21
    +2

    What do you mean by 'went bad'? If it is a major fault (as defined by the ACL), then you should be entitled to a refund, repair or replacement at your choice.

    • solidussnake on 07/07/2022 - 17:27

      Same thing happened with a couch from Amart called and make a complaint to fair trading and apparently it's legal for them to do it…

      • jsb on 07/07/2022 - 17:51

        How much was ghe warranty on the couch and when did you have the issue

        • solidussnake on 07/07/2022 - 17:58
          +2

          10 years warranty had it repaired twice they refused to fix it again on the 9th year and offered me to keep the couch and $150 pro-rata refund, I had to hound them for a month on Facebook and they offered me store credit for the full amount.

          Just trying to save you time 👍

  • Dack Smith on 07/07/2022 - 17:51
    +2

    OP does not name store

    OP does not mention possible mining and/or overclocking and/or bad installation damage

    So what were the two replacement card options?

    Why were they no good?

    Is OP a liar?

    • GrueHunter on 07/07/2022 - 18:58
      +2

      Cool, let me try:

      Dack Smith seems weirdly invested in this

      Dack Smith jumps to a lot of conclusions

      Is Dack Smith the store owner?

      • ThePunchingBag on 14/07/2022 - 19:16

        In Dack Smith's defence. OP has failed to answer any of the questions put forward.
        Out of curiosity I would like to know the answers.
        Then maybe myself or others maybe able to help…

        Also I am not weirdly invested.
        I am not jumping to any conclusions.
        I am definitely not the store owner.

        just in-case you're enquiring.

  • Tee Rex Arms on 07/07/2022 - 19:27
    +5

    Of course he was mining

    • [Deactivated] on 08/07/2022 - 01:02
      +2

      what he was using it for is irrelevant, he paid for product, product fails, he's entitled to a replacement or a refund under ACL. if they don't have any suitable replacements, tough luck for them, they have to refund him and sort it out with the manufacturer.

      • Sleeqb7 on 08/07/2022 - 09:53
        -1

        Improper use of products can absolutely void a warranty. If a product broke directly due to the actions of the user, it's considered damaged, in which case a refund would be potentially offered as a goodwill gesture rather than a legal obligation.

        Given some card manufacturers directly state that the cards are not designed for mining crypto and that doing so will damage the cards, and the fact that OP mentioned having a Non-LHR card and has deemed an LHR card not acceptable, it sounds an awful lot like they were mining with it and that's why it's dead.

        In a prior life I worked at a components retailer and have had this discussion more than a couple of times, back when the first mining boom hit.

  • askbargain on 07/07/2022 - 22:43
    +4

    Did you tell them you were a Gold OzBargain member? They should give you a full refund and everyone will clap.

  • WT on 08/07/2022 - 07:55

    I had to RMS a gpu a couple of months ago, said they are no longer made so they just refunded me

    I guess it depends on the manufacturer and retailer

    • reactor-au on 08/07/2022 - 08:50

      And possibly the GPU market which has come down ALOT since a year ago.

      I paid almost 1100 for a mid-range 3070 FHR, is it does and MSI cannot provide a like for like or better replacement then I'll request a full refund like the OP since FHR cards are no longer available and 3070s are 800 or less now.

      I don't even mine, it's just the principle of resellers and manufacturer's taking advantage of the market last year vs us consumers taking advantage of the market now.

  • trankillity on 08/07/2022 - 11:10
    +5

    It's all listed right here in no uncertain terms.

    When you have a major problem with a product, you have the right to ask for your choice of a replacement or refund. For a major problem with a service, you can choose to receive compensation for the drop in value below the price paid, or a refund.
    …
    You can ask for a replacement or refund if the problem with the product is major.
    Replaced products must be of an identical type to the product originally supplied. Refunds should be the same amount you have already paid, provided in the same form as your original payment.

    I have bolded the important bits for you. The only time that the supplier can reimburse a reduced amount is if you have purchased a service (not a product) and that service has been deemed to have a major issue after a certain time. So what they're saying is 100% illegal. Just send them a link to the ACL documentation.

  • Alva10 on 11/07/2022 - 13:02
    +1

    Keen to find out what is the issue with the GPU, for it to suddenly goes 'bad'. I'm surprise that the retailer did not propose a 'send back to manufacture' for repair instead in today's market.

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