ACL Warranty claim on GPU (MSY) - potential resolutions

Hi Ozb,

Hoping to get some options on a situation i have.

I've got a 3 year old Galax 1080ti which recently died (chip burnt out), I retuned to MSY for a warranty claim, the card cost a bit over 1k new so would assume it would be covered under ACL.

MSY have come back and said its not covered under the 2 year manufacture warranty but have provided some resolutions.

  1. Repair, $400-$500
  2. Refurbished 1080ti, $400 approx
  3. 2070 super at under cost (price not provided)
  4. A 3070, 3080, 3090 at a few hundred dollar discount (jumped to front of the queue)

My first reaction is to stay firm on the warranty claim, but do I have a leg to stand on? I would think a 1k GPU would reasonably be expected to last more than 3 years so should be covered.

Thanks for reading!

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  • 4 sounds good, just curious whats your ideal outcome (perfect world solution) ?

    • +1

      Perfect world solution would be a replacement/repair without incurring a cost.

      While I would love having a 30xx series card, I can't really justify the cost right now

    • Knowing MSY though, they will still price and sell it at RRP / slightly above RRP

  • +2

    It's a flagship card. You'd expect it to be more durable.

    • If he paid $900 for it then he paid $300 a year, less than a dollar a day for gaming bliss. Now he's being offered a $200 discount at a store that already sells things cheap compared to anywhere else, so really he only paid $700 for the 1080, or $233 a year or 64 cents a day. He needs a card now, not next year sometime when prices are stable, so yeah number 4 does look good.

  • +2

    MSY is selling 30 series for a couple-few hundred over price currently, like most places.

    Tbh I'm surprised they even give a shit after manufacturers warranty. I had a 1070 fail recently under warranty and they (profanity) me around for a while, I reported to fair trading, by the time fair trading got onto things they'd given me a refund. It took like 6+ weeks for one of the Muppets in head office to own up and give a refund.

  • +1

    I think you have a leg to stand on, but the real question is how much you're willing to fight for it.
    The business appears to be trying to come to a resolution that you can both be happy with, and I think their offers are reasonable.

    But ultimately if you want to fight it out, and you're willing to put in a lot of time and effort, you could probably get them to replace the card under ACL.

  • Galax is one of the cheapest cards you can buy. You could have over locked it like crazy for 3 years. They seem to be pretty reasonable solutions tbh, go for the 3070.

  • +2

    Grasping at straws imo, if everyone that buys a "high-end" card just forces their chip to burn out in 3 years and these are the resolutions they give you, the company would go bust man.

    That being said, all their offers are quite good but I'd go with 4.

  • Id go with 4 as well, if you get a 3080, you can probably resell it at a profit to counter your losses.

    • But he still needs a GPU anyway.

  • i guess that's why PC retailers going broke with small margin + ACL claims

  • Take direct to galax?

  • +1

    chip burnt out)

    How did you manage that?

    • No idea!

      That was the diagnosis from MSY, I have decent cooling and don't OC or put any high levels of stress on the card.

  • +2

    You are well in your right to get a complete refund a high end graphics card is expected to last longer than 3 years.

    Stick your ground and threaten to go to the Obudsmen.

    • +1

      Watch this space, I've sent off a reply essentially reaffirming that this will be covered under ACL, lets see what they come back with.

      • +1

        I think given that they've been previously fined, they probably will comply.

  • Number 4 is the best case here, I agree the card should last longer than 2 years but this option is pain free

  • There's been a number of post on the forum regarding ACL warranty with "high end" product. My question to the OP and everyone else is did you buy this because of it's high performance factor or was the price an indication of its longevity

    Let's be honest, this card was expensive because it delivers X amount of speed over the cheaper card. You bought it because you want its performance. For 3 years it delivers what you've paid it for.

    Do I think it should last longer than that, yes it should. But that has nothing to do with the price. It should last longer because we need to consume less.

    Do I think the retailer/manufacturer should be on the hook because it fails after 3 years? No, I don't think they should. Retailer/manufacturer cannot be liable for a time to be determined by the customer.

    If I was MSY, I would quote the Apple case. The ACCC are satisfied with Apple providing 3 years warranty on their "high end" Mac line. I don't see why this should not be applicable to other "high end" PC parts.

    • I see your point, the high performance was definitely a factor, but if we flip around your logic and it was advertised that it would deliver those speeds for <3 years before replacing, would I have bought it then?

      My previous GPU was working perfectly after 5 years and was only replaced due to wanting an upgrade, I can only use my past experience as a measuring stick.

  • +2

    MSY are clowns, just go to ACCC and file a complaint, they have already breached the ACL so since you have already had replies from MSY and they wont come to the party, ring ACCC and see what steps you need now to take.
    I had a Saphire 290 which kept BSODing after I gave it to my nephew, he don't OC so I did it under warranty, got it back and same thing. I should have refused repair and asked for refund.

    Just call ACCC and inform MSY of the steps you have taken after calling ACCC, this will do 2 things, 1 create a formal step 2) inform MSY they are now going into a formal process which they will eventually lose.

    Document everything that happens and try not to speak over the phone, keep all correspondence via email so you have a digital copy that can be used as evidence.

    • +2

      ACCC don't investigate personal claims so forget wasting your time there. ACCC only investigate broader breaches of the Competition Consumer Act. If you want a resolution, go to the state office of fair trading who will negotiate with the vendor on your behalf and then if they don't concede, you'll need a day off to take it to your local courts. In QLD it's the Office of Fair Trading and then QCAT (i.e. it's a bit cheaper way to fight it as no lawyers allowed, but it will take time).

      Your claim is under "acceptable quality" and you need some sort of evidence to argue that the goods should last longer than they did. A good way to gather this evidence is to ask the salespeople how long you can expect for their GPUs to last in an online chat or email. "So this card will only last for 2 years?! How long do they last for?". What a salesperson says at sale of the product is legally binding to the sale contract.

      Another good way is to look at how the tax office writes off the asset. Computers is often over 4 years.

      Good luck, this can take 2-3 months since most businesses are not aware of the details of ACL and it takes some encouragement from independent bodies for them to comply. In my opinion the more people that hit the bottom line of companies on our strong laws, the less they'll be inclined to build forced redundancy into their products and think more about longer lasting parts.

      • Well fair trading is another place to start, but 3 years for a high ticket item as GPUs back then were a "high priced" item
        This isn't an entry level gpu, it was their high end

        • +1

          Yes price is a factor that fair trading or the courts would consider. Another test of quality is if a reasonable person would have purchased the goods if they would have known that it would only last 3 years.

          By all means you can go to ACCC, but they'll just log it and compare with how many complaints they are getting to see if it's something investigating and fining them for systemic breaches based on their limited resources. That's why MSY were fined in the past, for having practices forcing people to the manufacturer and signs saying "no refunds", etc. Apple's been in trouble for it too, suggesting they need AppleCare to avail their inalienable consumer rights.

          • @McBanjo: I go on this by how TVs are treated, one is expected to get longer than said applied warranty vs money paid.
            ie Samsung and high end Tvs vs their lower end ones. Price does come into this and this is expressed on gov website, their is an expectation concerning a life of product vs money paid (not withstanding discounts etc)

          • @McBanjo: Thanks for the advice :)

  • Take the opportunity to get an upgrade at a discount.

    • Getting a full refund or replacement for a card bought 3 years ago to then apply to the new models would be a better outcome though… and likely what he is entitled to.

      • Probably - but after weeks/mths of pissing around … is it worth it?

        The other question is does he need the machine at moment or does he have a replacement in place now so time doesnt matter.. ?

        • A full refund would be lovely, but after 3 years of use isn't the outcome I expect or should happen. If they offered to repair/refurb that would be a great outcome.

          I, unfortunately, don't have a spare GPU at the moment, I dropped the card off on the 6th of October so they've already had it for a month, time is a factor for me :)

  • +1

    Final resolution;

    They offered me a 2070 as a replacement, I said no and they upgraded to an MSI 2070 Super which I said yes to, happy outcome for me!

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