EVGA will not honour their warranty

I purchased an EVGA graphics card (nVidia Ge-Force 8800GTS) from ebuyer in November 2007. The card was advertised as coming with a lifetime warranty.

Several weeks ago the card failed (all colours were highly distorted including on the POST screens etc, I did checks to confirm it was the card) so I have had to replace the card in order to make my computer work.

I then decided to invoke my lifetime warranty with EVGA so sent an e-mail off to their support department explaining what had happened, attaching photos of my card and a copy of the invoice. I received a reply asking whether I had registered my card within 30 days of purchase, which I hadn't. They then responded explaining that because I had not done so, my card was now out of warranty.

Now I can't remember if there was anything in the box that explained I had to do this. If it was software based then I would never have seen it as I always download the latest drivers from nVidia rather than use potentially old ones supplied with the CD.

I feel quite annoyed with this attitude as I can't understand why they make it a requirement that the product must be registered with them in order to take advantage of the warranty. I have provided proof of purchase which clearly shows I am the original owner. I can only conclude that they do this knowing fine well that the majority of people will not register their product therefore allowing them to escape from having to honour the warranty they advertise in the majority of cases.

I have also tried returning it to ebuyer using their return item form but as soon as I choose which product I want to return, it blanks out the boxes, presumably because it was purchased so long ago.

I know that as a last resort I can exercise my rights under the Sales Of Goods Act with ebuyer, but I'd be happier to sort it out directly with the manufacturer instead. Do I have a leg to stand on going down this avenue, or should I just give up and turn my attention back to ebuyer?

I have just sent EVGA another email expressing my disappointment with their attitude although all I expect is a reply along the lines of "we are sorry, but there's nothing we can do".

Thanks

  morddwyd 08:04 21 Nov 10

There appear to be terms and conditions you have not complied with.

Unless those terms and conditions are seen as "unfair and unreasonable", and from what you say they do not seem to be unusual, you will have difficulty taking this very far.

  carver 09:43 21 Nov 10

I've found EVGA to be one of the better companies when it has to deal with faulty cards, I also had a 8800GTS card that developed a fault and the help I received was first class.

All you had to do was register the card with them at the time of purchase, not a hard job and they would be falling over them-selfs to help.

When you got the card there is a note on the box and a leaflet inside explaining terms and conditions, these clearly state that YOU have to register on line, a job that takes about 2 minutes. If that fails to get you to do it then a reminder appears on your monitor and keeps appearing for weeks until you either register or cancel it.

  spuds 13:27 21 Nov 10

Contrary to beliefs, the manufacturer is not obliged to offer or supply a warranty, this is the retaillers duty here in the UK. It is a mere 'gesture of goodwill' in perhaps maintaining a good relationship on a product.

Most warranty cards supplied with products have set-out clear terms and conditions (or at least thats what I usually find), and to disregards those t&c's are at your own risk or that of the manufacturer.

If the item was expensive, then you still might have a claim via Ebuyer under consumer law. Contact Consumer Direct click here for further advice, and see if they can put your mind at ease.

I've already explained that I never use the software that is supplied with the graphics card, instead opting to download the most up-to-date drivers directly from nVidia, therefore I would never have received any on-screen pop-ups.

I can't remember whether there was a leaflet in the box. There may very well have been, but in the excitement to get my new computer built and up and running, I probably never took much notice of it.

Anyway, that's all irrelevant now - the fact is I didn't register the card, so is it really fair that I can be denied the warranty simply for that reason. Personally I think it is not.

Incidentally, the card I owned before this one was an XFX GeForce 6600GT which after about 2 or 3 years started to make a loud noise and then shortly after the fan failed. A quick phone call to their support team and a new fan and heatsink were immediately sent out through the post. No nonsense as to whether I had registered the card with them upon purchase. That card still works perfectly to this day and is in daily use by my younger brother.

I think I shall await their reply to my latest email, then pursue the matter with ebuyer.

The card cost me £180 inc. VAT at purchase, so I think it is reasonable to expect it to last more than 3 years? Would the fact that the box stated it came with a lifetime warranty help in this matter, even though I did not comply with the manufacturer's T&Cs with regards to registering it. Would ebuyer be under an obligation to honour that warranty?

  GaT7 13:46 21 Nov 10

Well, each company have their own warranty T&Cs, & this is what Evga's clearly state in writing (from click here):

"All EVGA products come automatically with a one year, parts and labor, limited warranty. Upon registration within 30 days of your original purchase, you will be upgraded to one of the extended warranties we offer...

Limited Lifetime:
The EVGA limited lifetime warranty is only eligible for part numbers ending in:
-A1, -A2, -A3, -A4, -AR, -AX, -CR, -CX, -DX, -FR, -FX, -SG, -SX. (with product registration 30 days from purchase)...."

I'm afraid ignorance about a company's T&Cs is no excuse for breaking them. Sorry, but it has nothing to do with fairness & what you personally think. G

  spuds 14:07 21 Nov 10

For £180.00 I would suggest that Ebuyer might have a duty to honour within consumer law, but Consumer Direct would be better to answer this question.

Some items do come under an 'extended' rule here in England, but a year less in Scotland.

Regarding 'lifetime', it always makes me think of 'what is lifetime', because if something dies on you, then thats its lifetime. Or at least that is what the regular joke might suggest or imply?.

Yeah good point! I've always assumed lifetime meant as long as I owned it, although I don't think I would bother with a graphics card once it passed 5 or 6 years old.

I shall see how ebuyer respond first of all before contacting Consumer Direct. My occasional past experiences of their aftersales have all been very good so far.

  carver 18:15 21 Nov 10

I think you will find that after 3 years use your claim about warranty will fail, when you are invited by EVGA to register your card you are asked to enter the serial number of that card.

You haven't done this so why complain now, go onto any website to buy one of their cards and you see this (just from one site)

"All EVGA items are supplied as standard with a 2 year warranty, subject to the following part numbers and registration of the item on EVGA's website within 30 days of purchase the following extensions are possible:"

ER or E1 = 8 years extension

EK = 1 year extension

Thanks for repeating the T&Cs regarding the warranty. I am however already fully aware of them now. I don't need any further clarification.

"so why complain now"

I am complaining because I purchased a top of the range card that was advertised as coming with a lifetime warranty. Then when it fails after just 3 years they are (in my opinion whether that be right or wrong) refusing to honour it over a trivial matter. That is why I have come here to seek further advice which, fortunately, some of our other forum members have kindly given.

I have already said that once EVGA reply to my latest e-mail I shall continue the matter with ebuyer and exercise my rights under consumer law as spuds has suggested.

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