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Ben Jones
Ben Jones, UK Lawyer
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I was given as a xmas present a very expensive graphics card

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I was given as a xmas present a very expensive graphics card by a very close friend.
Sadely this person passed away 8 months ago. now the graphics card has developed a fault which now does not work. It came with a 3 year warranty. it is just approx 18 months old. I thought it might of been brought from Amazon. I do not have a receipt and obviously do not wish to ask the relatives to go looking for it they say they do not know where it is. I spoke to Amazon who said they did not track serial no and could not devaulage details of another persons account. But they did say that yes that card does have a 3 year warranty and the proof of purchase is not required as a date of manufacture is on the box which is linked to the serial number the date on it is sept 2014 thus well within the guarantee time of three years. I approached the manufacture of the card and in a nut shell are refusing to do anything at all re the matter which i think is wrong for a £400 card. I know i do not have a recept but it can be proved its with in warranty date. What is best to do? I can get a statement from the family that i was given the card but dont think that is right to ask.
Thanks
Submitted: 11 months ago.
Category: Law
Expert:  Ben Jones replied 11 months ago.
Hello, my name is***** am a qualified lawyer and it is my pleasure to assist you with your question today.
Expert:  Ben Jones replied 11 months ago.
Have you explained to the manufacturer that the product was purchased on Amazon and was a gift from someone?
Customer: replied 11 months ago.

Hi yes. I only think it was Amazon as one of the relatives thought it might. I told the manufacturer and they were not the slightest bit interested. Also this fault is a common fault with this product. With thousands of complaints on the internet

Expert:  Ben Jones replied 11 months ago.
Thank you for your response. I will review the relevant information and laws and will get back to you as soon as I can. Please do not respond to this message as it will just push your question to the back of the queue and you may experience unnecessary delays. Thank you
Expert:  Ben Jones replied 11 months ago.
Many thanks for your patience. When someone buys an item from a business seller they will have two sets of rights – statutory rights and contractual ones. The statutory rights are the against the seller and are there to allow you to get a refund, repair or replacement if the product is not of satisfactory quality or not fit for purpose. However, these rights are the buyer’s and also after 6 months from purchase have passed it is for you to prove that the item was defective r that the fault was there at time for purchase. So if you did not buy the item you will not be able to rely on these rights in the circumstances. The other set of right are contractual and these are under a warranty the manufacturer offers. What is important to note is that unlike the statutory rights, which are defined in law, the warranty rights will depend entirely on the terms under which such warranty is offered. So for example, the warranty can make it conditional on there being proof of purchase before it can be used. So if the condition is not satisfied, the manufacturer could refuse to provide assistance under the warranty. The mere fact it is under warranty does not mean it will be resolved – there may still be conditions attached to the warranty which must be met before the warranty comes into operation. So it is best to try and find the warranty and to see if you are able to meet all conditions because if you cannot then you may not be able to rely on it. Getting a statement from the family may not be sufficient because anyone can try and make such a statement just to gain these rights and some more concrete proof will be required. This is your basic legal position. I have more detailed advice for you in terms of the options you have if you find that you can satisfy the conditions but they still refuse to assist, which I wish to discuss so please take a second to leave a positive rating for the service so far (by selecting 3, 4 or 5 stars) and I can continue with that and answer any further questions you may have. Don’t worry, there I no extra cost and leaving a rating will not close the question and we can continue this discussion. Thank you
Expert:  Ben Jones replied 11 months ago.
Hello, I see you have read my response to your query. Please let me know if this has answered your original question and if you need me to discuss the next steps in more detail? In the meantime please take a second to leave a positive rating by selecting 3, 4 or 5 starts from the top of the page. The question will not close and I can continue with my advice as discussed. Thank you
Customer: replied 11 months ago.

Hi,

I have just found the link to the warranty card and also some further info copied below. And it clearly says this applies to europe.

www.asus.com/support/images/pdf/e8549_nb-warranty-card_148x105mm_final_0827.pdf

• Enclose a copy of this completed warranty card and a copy of Your sales invoice/receipt detailing the purchase of Your Product. (Please note: ASUS reserves the right to request the original documents.) If You do not provide the requested documents for warranty validation then the manufacture
date of the Product as recorded by ASUS will be deemed to be the start of Warranty Period.

Expert:  Ben Jones replied 11 months ago.
Hi, so it appears that to be able to claim under the warranty you would be required to provide evidence of purchase of the product. This is standard because anyone could then try and make a claim under warranty even if they had not purchased the product so you can expect to provide that (remember the warranty is between purchaser and manufacturer). So whilst they can ask for original documents, what this states is that if you cannot provide these, then they can use the manufacture date. The wording would certainly suggest that this would apply if you cannot provide the original purchase documents, but you would still be expected to provide some proof of purchase. I still have more detailed advice for you in terms of the options you have if you find that you can satisfy the conditions but they still refuse to assist, which I wish to discuss so please take a second to leave a positive rating for the service so far (by selecting 3, 4 or 5 stars) and I can continue with that and answer any further questions you may have. Don’t worry, there I no extra cost and leaving a rating will not close the question and we can continue this discussion. Thank you
Ben Jones, UK Lawyer
Category: Law
Satisfied Customers: 46231
Experience: Qualified Solicitor - Please start your question with 'For Ben Jones'
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Expert:  Ben Jones replied 11 months ago.
Thank you. Assuming that you satisfy all the conditions on claiming under the warranty but thy still refuse to resolve this, then whenever a dispute arises over compensation owed by one party to another, the party at fault can be pursued through the civil courts. As legal action should always be seen as a last resort, there are certain actions that should be taken initially to try and resolve this matter informally and without having to involve the courts. It is recommended that the process follows these steps: 1. Reminder letter – if no reminders have been sent yet, one should be sent first to allow the party at fault to voluntarily settle this matter. 2. Letter before action – if informal reminders have been sent but these have been ignored, the party at fault must be sent a formal letter asking them to resolve this amicably within a specified period of time. A reasonable period to demand a response by would be 10 days. They should be advised that if they fail to do contact you in order to resolve this matter, formal legal proceedings will be commenced to pursue the compensation due. This letter serves as a ‘final warning’ and gives the other side the opportunity to resolve this matter without the need for legal action. 3. If they fail to pay or at least make contact to try and resolve this, formal legal proceedings can be initiated. A claim can be commenced online by going to www.moneyclaim.gov.uk. Once the claim form is completed it will be sent to the other side and they will have a limited time to defend it. If they are aware legal proceedings have commenced it could also prompt them to reconsider their position and perhaps force them to contact you to try and resolve this. Whatever correspondence is sent, it is always advisable to keep copies and use recorded delivery so that there is proof of delivery and a paper trail. The court may need to refer to these if it gets that far.

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