ASUS 1080ti warranty

[Leo_The_Maori]

Hey guys,

 

I really need some help regarding my GPU warranty. I purchased it on Amazon a couple years back, and it's started playing up, artifacting, crashing, etc. But Asus won't let me RMA it because I don't live in the US - I'm Australian (we have Asus Australia but they just keep referring me to Asus US). So I'm really at a loss - Amazon won't help, and Asus is refusing to honour their warranty. What should I do?

[Maurice Janssen]

1. Does it still has warranty?
2. If you still have warranty you should contact your lawyer

[Leo_The_Maori]

@Maurice from Madagascar

 

Yeah, it still has warranty as I purchased it...May 11th 2017. So it's still within the 36 months that ASUS manufacturer warranty gives you.

[Maurice Janssen]

3 minutes ago, Leo_The_Maori said:

@Maurice from Madagascar

 

Yeah, it still has warranty as I purchased it...May 11th 2017. So it's still within the 36 months that ASUS manufacturer warranty gives you.

I'd probably  try it once more with the asus in your country, if they dont interact with you .. contact your lawyer ^^ Its not a cheap card

[FlappyBoobs]

You are now running into the second issue of ordering outside your country (the first being import and shipping fees). ASUS will honour the warranty you purchased with the card, which applies only in the US and Canada for cards purchased in the US. That's the risk you run when trying to save a little bit of money. 

 

Your lawyer will tell you the same but will charge you for telling you that. 

 

Sorry dude but the only way to do it is to send your card back to the US and follow the warranty process you purchased. Amazon may be able to help so its worth contacting them, but ASUS AU are correct that you have to go through ASUS US because they are the company that got your money. 

 

I know the reason why you are annoyed is because that means you have to pay to ship it (and that doing that means you would have spent more on it than purchasing it in your home country) but again, that's the risk you take when ordering outside your home market to save a buck or two initially. 

 

 

[Leo_The_Maori]

3 minutes ago, FlappyBoobs said:

You are now running into the second issue of ordering outside your country (the first being import and shipping fees). ASUS will honour the warranty you purchased with the card, which applies only in the US and Canada for cards purchased in the US. That's the risk you run when trying to save a little bit of money. 

 

Your lawyer will tell you the same but will charge you for telling you that. 

 

Sorry dude but the only way to do it is to send your card back to the US and follow the warranty process you purchased. Amazon may be able to help so its worth contacting them, but ASUS AU are correct that you have to go through ASUS US because they are the company that got your money. 

 

I know the reason why you are annoyed is because that means you have to pay to ship it (and that doing that means you would have spent more on it than purchasing it in your home country) but again, that's the risk you take when ordering outside your home market to save a buck or two initially. 

 

 

That may be true for other countries, but it should be different in Australia. If you scroll all the way to the bottom of this page https://www.asus.com/us/Graphics-Cards/ROG-STRIX-GTX1080TI-O11G-GAMING/HelpDesk_Warranty/

 

It says -

Warning：

1. Warranty period may differ regionally, please check with your purchase Site.
2. Australia statement notice
   From 1 January 2012updated warranties apply to all ASUS products, consistent with the Australian Consumer Law. For the latest product warranty details please visit http://www.asus.com/support/Search/Warranty/ Our goods come with guarantees that cannot be excluded under the Australian Consumer Law. You are entitled to a replacement or refund for a major failure and compensation for any other reasonably foreseeable loss or damage. You are also entitled to have the goods repaired or replaced if the goods fail to be of acceptable quality and the failure does not amount to a major failure.

 

and I would send it to ASUS US - but they REQUIRE you to have a US postal address to even try to RMA something. The only solution they offered me was to send it to a 'friend' in the United States and for them to send it on to Asus, and then back to me. Which is frankly just not acceptable.

[FlappyBoobs]

3 minutes ago, Leo_The_Maori said:

That may be true for other countries, but it should be different in Australia. If you scroll all the way to the bottom of this page https://www.asus.com/us/Graphics-Cards/ROG-STRIX-GTX1080TI-O11G-GAMING/HelpDesk_Warranty/

 

It says -

Warning：

1. Warranty period may differ regionally, please check with your purchase Site.
2. Australia statement notice
   From 1 January 2012updated warranties apply to all ASUS products, consistent with the Australian Consumer Law. For the latest product warranty details please visit http://www.asus.com/support/Search/Warranty/ Our goods come with guarantees that cannot be excluded under the Australian Consumer Law. You are entitled to a replacement or refund for a major failure and compensation for any other reasonably foreseeable loss or damage. You are also entitled to have the goods repaired or replaced if the goods fail to be of acceptable quality and the failure does not amount to a major failure.

 

and I would send it to ASUS US - but they REQUIRE you to have a US postal address to even try to RMA something. The only solution they offered me was to send it to a 'friend' in the United States and for them to send it on to Asus, and then back to me. Which is frankly just not acceptable.

Unfortunately Australian consumer law doesn't apply unless you ordered from an Australian based company/shop/webshop, because they can only cover things within their legal domain. (you would be covered if you used an Australian localised version of amazon and not the US one though, as the law is based on the company you ordered from, not where they chose to send the parts from) 

 

ASUS US won't ship outside the US due to costs, however try calling them back and saying that you will pre pay a return shipping label for them, ask to esculate to a manager that has the power to override their system and they may be okay with that. 

[Leo_The_Maori]

1 minute ago, FlappyBoobs said:

Unfortunately Australian consumer law doesn't apply unless you ordered from an Australian based company/shop/webshop, because they can only cover things within their legal domain. (you would be covered if you used an Australian localised version of amazon and not the US one though, as the law is based on the company you ordered from, not where they chose to send the parts from) 

 

ASUS US won't ship outside the US due to costs, however try calling them back and saying that you will pre pay a return shipping label for them, ask to esculate to a manager that has the power to override their system and they may be okay with that. 

Actually,

 

https://www.accc.gov.au/consumers/online-shopping/shopping-online

 

Those laws apply to all businesses that supply items either through a reseller or directly - even if they're not an Australian-based business.

 

I'm a fourth year Australian law student - so I do know what I'm talking about. ASUS is deliberately breaking Australian law here - they just don't care. If you'll notice on the website it says "ALL Asus products" - it doesn't have any exclusions about where things are purchased.

[FlappyBoobs]

2 minutes ago, Leo_The_Maori said:

Actually,

 

https://www.accc.gov.au/consumers/online-shopping/shopping-online

 

Those laws apply to all businesses that supply items either through a reseller or directly - even if they're not an Australian-based business.

 

I'm a fourth year Australian law student - so I do know what I'm talking about. ASUS is deliberately breaking Australian law here - they just don't care. If you'll notice on the website it says "ALL Asus products" - it doesn't have any exclusions about where things are purchased.

But in this case you did not buy through an Australian reseller or directly from ASUS. You imported it yourself, effectively becoming the importer/reseller for yourself meaning that you are responsible for the warranty claims for the people who purchased your goods i.e. You, so you are back to square one. 

 

If you think ASUS are breaking the law contact the correct ombudsman for the industry, but you won't get far with that, best bet is to just try the pre paid shipping route. 

 

International trade law (which I've dealt with for 25 years now) is extremely complicated and your 4 year law course won't have even scratched the surface of it. Talk to your trade law professor because he will be the best free advice you can get. 

[Leo_The_Maori]

Just now, FlappyBoobs said:

But in this case you did not buy through an Australian reseller or directly from ASUS. You imported it yourself, effectively becoming the importer/reseller for yourself meaning that you are responsible for the warranty claims for the people who purchased your goods i.e. You, so you are back to square one. 

 

If you think ASUS are breaking the law contact the correct ombudsman for the industry, but you won't get far with that, best bet is to just try the pre paid shipping route. 

 

International trade law (which I've dealt with for 25 years now) is extremely complicated and your 4 year law course won't have even scratched the surface of it. Talk to your trade law professor because he will be the best free advice you can get. 

I'm a consumer by Australian legal standards. Amazon is the reseller and ASUS is the manufacturer - Under Australian law you are entitled to a remedy from the reseller or the manufacturer.

I understand that your laws are different in Denmark - but for Australia - it shouldn't matter if you purchase products from Amazon and become an importer.

 

"You can claim a remedy directly from the manufacturer or importer if the goods do not meet one or more of the following consumer guarantees:

• acceptable quality
• matching description
• any extra promises made about such things like performance, condition and quality
• repairs and spare parts - the manufacturer is responsible for ensuring that spare parts and repair facilities (a place that can fix the consumer’s goods) are available for a reasonable time after purchase unless you were told otherwise. How long is ‘reasonable’ will depend on the type of product.

You are only entitled to recover costs from a manufacturer or importer, which include an amount for reduction in the product’s value and in some cases compensation for damages or loss."

 

So, following this logic - even if I become the importer - I am still entitled to a remedy from the manufacturer.

[FlappyBoobs]

5 minutes ago, Leo_The_Maori said:

So, following this logic - even if I become the importer - I am still entitled to a remedy from the manufacturer.

Yes, but because you ordered from Amazon US and Asus US are the manufacturer you have to jump through their hoops to get support, and if their hoop involves having a US based address there is nothing Australian law can help you with as no Australian legal entity other than you was involved in the origional transaction. The only company the Australian legal system can possibly go after is Asus International via Asus AU, but because neither ASUS AU nor ASUS INT were involved in the origional transaction your courts will not issue an order for a company that has not been involved (this is why global companies are structured the way they are). Its a loop hole used by companies to stop grey imports. I don't like it, but legally they can do this. 

 

My advise to get your card working again is to try offering to pay shipping from the US to you and accept all responsibility for any additional fees and insurances (dangerous if you don't trust them). Because going the legal route will remove all good faith, which you need because the cost of the card is not worth spending any money on real legal advice.

 

If you want to try and skirt the system in AU get a friend who hasn't called them (or you do it if you haven't given your details) to just do it as if the card was bought in Australia and you might get lucky and they'll just accept it and do a doorstep RMA (where you get the new card delivered and give the courier the old one). 

 

One more thing, ASUS AU have a team of experienced Australian consumer lawyers working for them, I guarantee you that they are not breaking the law on this one. If they get found guilty in your courts of breaking the law regarding this then I will send you a 1080ti myself. 

 

[Leo_The_Maori]

7 minutes ago, FlappyBoobs said:

Yes, but because you ordered from Amazon US and Asus US are the manufacturer you have to jump through their hoops to get support, and if their hoop involves having a US based address there is nothing Australian law can help you with as no Australian legal entity other than you was involved in the origional transaction. The only company the Australian legal system can possibly go after is Asus International via Asus AU, but because neither ASUS AU nor ASUS INT were involved in the origional transaction your courts will not issue an order for a company that has not been involved (this is why global companies are structured the way they are). Its a loop hole used by companies to stop grey imports. I don't like it, but legally they can do this. 

 

My advise to get your card working again is to try offering to pay shipping from the US to you and accept all responsibility for any additional fees and insurances (dangerous if you don't trust them). Because going the legal route will remove all good faith, which you need because the cost of the card is not worth spending any money on real legal advice.

 

If you want to try and skirt the system in AU get a friend who hasn't called them (or you do it if you haven't given your details) to just do it as if the card was bought in Australia and you might get lucky and they'll just accept it and do a doorstep RMA (where you get the new card delivered and give the courier the old one). 

 

One more thing, ASUS AU have a team of experienced Australian consumer lawyers working for them, I guarantee you that they are not breaking the law on this one. If they get found guilty in your courts of breaking the law regarding this then I will send you a 1080ti myself. 

 

ASUS is the company, though. They're multinational, sure - but multiple links on the ASUS AU website lead you directly back to ASUS.com - so - therefore, even if I did business with the US part - the AU part should still be liable for remedy as they're the same company.

[FlappyBoobs]

5 minutes ago, Leo_The_Maori said:

ASUS is the company, though. They're multinational, sure - but multiple links on the ASUS AU website lead you directly back to ASUS.com - so - therefore, even if I did business with the US part - the AU part should still be liable for remedy as they're the same company.

They are separate legal entities though, which is why you have the issue.

[Leo_The_Maori]

8 minutes ago, FlappyBoobs said:

They are separate legal entities though, which is why you have the issue.

I don't think they would be considered a separate legal entity in Australian law - because of how mixed up their website is. They don't even have legal information for the Australian website - that is only found on the main asus website.

[Leo_The_Maori]

11 minutes ago, FlappyBoobs said:

They are separate legal entities though, which is why you have the issue.

For example - if you try to find target.com - in Australia it is Target.com.au - a different domain. For asus it's simply Asus.com/au/ so it's the same exact website. 

[Leo_The_Maori]

58 minutes ago, FlappyBoobs said:

They are separate legal entities though, which is why you have the issue.

For a further example, if you look at target.com.au you'll find 

"Copyright © 2020 Target Australia Pty Ltd ABN 75 004 250 944

Target Australia Pty Ltd is part of the Wesfarmers Ltd group and has no affiliation with Target Corporation US"

 

However, on Asus.com/au/ it says 

• ©ASUSTeK Computer Inc. All rights reserved.

Further, their terms of use for asus.com/au/ state that for any information relating to their guidelines you are to contact

 

ASUSTeK Computer Inc.
Company Representative: Mr. Jonney Shih
Legal Affairs Center
Legal Compliance Department
Address: 15, Li-Te Rd., Taipei 112, Taiwan
Email: LegalCompliance@asus.com
Telephone: (886) 2 2894 3447
Fax: (886) 2 2890 7674
Updated March 4, 2015 by ASUS Legal Affairs Center

 

So, I really don't think they're a separate legal entity.

 

Additionally, how can you be certain that Asus isn't breaking any laws? Apple Inc. was recently taken to court for failing to uphold the Australian consumer law

https://www.accc.gov.au/media-release/iphone-and-ipad-misrepresentations-cost-apple-inc-9-million-in-penalties

 

From that article - “The Court’s declarations hold Apple US, a multinational parent company, responsible for the conduct of its Australian subsidiary. Global companies must ensure their returns policies are compliant with the Australian Consumer Law, or they will face ACCC action,” 

 

 

[toasty99]

So let's get this right:

 

ASUS sells cards in your country (Australia). 

 

You skirted the higher Australian prices (that factor in different legal issues like this that don't apply in the US) by purchasing from the United States and importing it. You could have purchased the product in Australia. 

 

Asus will simply say that they sell the card in Australia under Asus Australia , and offer warranty only in the home country. 

 

No matter what the law says, law is universally based on ethics. It's going to be extremely hard to fight this considering you could have purchased the product in Australia and instead imported from the US to save money. That's a risk on your part. 

 

Upon researching this a bit this definitely falls under the "parallel imports" category: https://www.accc.gov.au/consumers/sales-delivery/buying-parallel-imports

 

According to law the seller (Amazon) is required to provide you the guarantees of the Australian Consumer Act. HOWEVER, no one (Amazon or Asus) is required to honor that warranty so you are out luck. 

 

 

The basics of this case really are: 

You imported a product to get a cheaper price. This is the risk of doing that. Law isn't going to side with you on this one. Hopefully you've learned a lesson on skirting the prices in your country by importing and now understand the risk. You could probably use a US import/export company to process the RMA in the US somehow but you'd have to do a ton of research on the company you chose, it'd be expensive, and generally I don't reccomend it. 

[FlappyBoobs]

1 hour ago, Leo_The_Maori said:

I don't think they would be considered a separate legal entity in Australian law - because of how mixed up their website is. They don't even have legal information for the Australian website - that is only found on the main asus website.

 

 

It doesn't matter either way, the cost of your card is not worth spending a single cent on legal costs. Really the only end result here is you suck it up and follow their rules or go buy a new card, those are your two only sensible options. Anything else doesn't make any economic sense. 

[toasty99]

Also, the Apple lawsuit does not apply at all as a legal comparison. Apple was selling products through official channels in Australia to consumers. They also were brinking phones that were repaired by other repair companies through software. That's a very questionable/immoral activity regardless of legality so the courts are going to tend to rule against that as it's against the idea of "right to repair" and owning goods you purchase which are very popular ideas worldwide. 

 

The consumer protection act doesn't explicitly say anything about that obviously but you can see how they arrive to the conclusion they did in that case. 

[Leo_The_Maori]

20 minutes ago, FlappyBoobs said:

 

 

It doesn't matter either way, the cost of your card is not worth spending a single cent on legal costs. Really the only end result here is you suck it up and follow their rules or go buy a new card, those are your two only sensible options. Anything else doesn't make any economic sense. 

https://consumerlaw.gov.au/sites/consumer/files/2016/05/0553FT_ACL-guides_Guarantees_web.pdf - page 5

 

I'm probably not going to pursue them in court. I just want to point out that they are actually breaking the law.

[Leo_The_Maori]

33 minutes ago, FlappyBoobs said:

 

 

It doesn't matter either way, the cost of your card is not worth spending a single cent on legal costs. Really the only end result here is you suck it up and follow their rules or go buy a new card, those are your two only sensible options. Anything else doesn't make any economic sense. 

If nothing else, it would certainly count as deceptive business conduct.

[FlappyBoobs]

26 minutes ago, Leo_The_Maori said:

just want to point out that they are actually breaking the law.

But they are not. Asus US are not governed by Australian law, that's the bit you are not getting. It's a bit like asking Holden to warranty Opel cars that are imported, they had noting to do with the origional sale despite having the same parent company and using the same global platform. 

 

You didn't want to support your local market when originally purchasing your item, but you now want your local market to pay out of their own pocket to help you. Can you see what what you are asking for is a little choosey beggar? 

[toasty99]

17 minutes ago, FlappyBoobs said:

But they are not. Asus US are not governed by Australian law, that's the bit you are not getting. It's a bit like asking Holden to warranty Opel cars that are imported, they had noting to do with the origional sale despite having the same parent company and using the same global platform. 

 

You didn't want to support your local market when originally purchasing your item, but you now want your local market to pay out of their own pocket to help you. Can you see what what you are asking for is a little choosey beggar? 

"Little choosey begger" is a perfectly good description of this. Asus spends money to have the staff and operations to sell cards in Australia. Their prices are a bit higher because of those overhead costs in the region. This guy goes and buys a US card to avoid paying the Australian price increase. Then wants the Australian branch of ASUS to honor the warranty for the card he bought through a US import to avoid the extra price increase ASUS's Australian branch places on their products to operate in Australia. 

 

You didn't wanna support ASUS Australia now you are out of luck unless you wanna play by ASUS US rules. 

 

Amazon only is responsible for the card arriving in working condition, which they did so no way to blame them. 

 

Might wanna call ASUS US up on their offer of letting you ship it to a friend and having them warranty it in the states cause that's your only good option besides fixing it yourself or selling it for parts. 

 

It's not like I'm a huge supporter of major corporations but in this case ASUS US has been more than amicable and even offered up the suggestion of having a "friend" in the US RMA the card which is certainly more than they had to do. ASUS Australia has also kindly been nice enough to redirect you to ASUS US. 

[Leo_The_Maori]

20 minutes ago, FlappyBoobs said:

But they are not. Asus US are not governed by Australian law, that's the bit you are not getting. It's a bit like asking Holden to warranty Opel cars that are imported, they had noting to do with the origional sale despite having the same parent company and using the same global platform. 

 

You didn't want to support your local market when originally purchasing your item, but you now want your local market to pay out of their own pocket to help you. Can you see what what you are asking for is a little choosey beggar? 

They are, though. Aren't you reading the Australian Consumer Law? Why are you trying so hard to suck up to Asus? Lol

[Leo_The_Maori]

21 minutes ago, FlappyBoobs said:

But they are not. Asus US are not governed by Australian law, that's the bit you are not getting. It's a bit like asking Holden to warranty Opel cars that are imported, they had noting to do with the origional sale despite having the same parent company and using the same global platform. 

 

You didn't want to support your local market when originally purchasing your item, but you now want your local market to pay out of their own pocket to help you. Can you see what what you are asking for is a little choosey beggar? 

Like do you just not read?