Avatar 7900xtx warranty refusal

[Dedayog]

On 3/25/2024 at 6:20 PM, podkall said:

exactly, and such beautiful card, I'm not sure if AMD realized how bad publicity stunt it is to refuse something like this

No bad publicity.  A miniscule amount of people have seen this compared to their buyer count.

 

I see this and will buy  AMD again all day every day.

 

Was it made by AMD or an AIB?  Is the OP's clip what AMD said or the giveaway people or LTT or who?

 

[podkall]

15 minutes ago, Dedayog said:

No bad publicity.  A miniscule amount of people have seen this compared to their buyer count.

 

I see this and will buy  AMD again all day every day.

 

Was it made by AMD or an AIB?

 

I mean, this won't stop AMD from costing 100$ less in certain budget ranges on similar raster performance GPUs, but still...

[Bio Hazard]

2 hours ago, Dedayog said:

No bad publicity.  A miniscule amount of people have seen this compared to their buyer count.

 

I see this and will buy  AMD again all day every day.

 

Was it made by AMD or an AIB?  Is the OP's clip what AMD said or the giveaway people or LTT or who?

 

It was made by amd. 

[Dedayog]

1 minute ago, Bio Hazard said:

It was made by amd. 

What is the defect? What does the card do or not do?

 

We have precious little information to go on, or is this just a rant thread?

 

It sounds like you're looking for someone to fix it, but coming here without info just sounds like you're shitting on AMD.  Cuz LTT and anyone else isn't responsible for it at all.

 

And the guy who posted to be positive and that LTT will handle it... off his rocker.

[Bio Hazard]

28 minutes ago, Dedayog said:

What is the defect? What does the card do or not do?

 

We have precious little information to go on, or is this just a rant thread?

 

It sounds like you're looking for someone to fix it, but coming here without info just sounds like you're shitting on AMD.  Cuz LTT and anyone else isn't responsible for it at all.

 

And the guy who posted to be positive and that LTT will handle it... off his rocker.

Ltt gave the card away, I won it from them. The card first started randomly crashing, then blue screened, now it randomly shuts off the system. This is not a rant thread at all, I was hoping LTT may help me.

[Dedayog]

11 minutes ago, Bio Hazard said:

Ltt gave the card away, I won it from them. The card first started randomly crashing, then blue screened, now it randomly shuts off the system. This is not a rant thread at all, I was hoping LTT may help me.

LTT won't though, as I am sure others above have mentioned.  Fine print in the giveaway, etc.

 

With LTT's stance on doing things right, doubt they'll even respond to this thread.   Remember the waterblock auction issue?  Yeah.

 

At this point I would say you have to try to pay a 3rd party to fix it.  Or pester AMD and hopefully get a Service manager to take pity on you.  They may be able to open a special RMA for it.

 

Pretty much everyone involved wants to wash their hands of any responsibility, and it seems that giveaway items don't even have manufacturer warranties.  Sorry, man.  best of luck, but I think you will have to handle this on your own.

[LAwLz]

This thread is wild. 

 

Seems like some people are more interested in making sure their favorite company (LTT, AMD or both) isn't seen in bad light than to actually look into the situation and help OP.

[Tan3l6]

Can anyone in this thread actually help OP though? I doubt it a bit.

Have to have communications running between all sides.

[Kid.Lazer]

1 hour ago, Bio Hazard said:

Ltt gave the card away, I won it from them. The card first started randomly crashing, then blue screened, now it randomly shuts off the system. This is not a rant thread at all, I was hoping LTT may help me.

Just for completeness, you did test another card to rule out the GPU, yes? Given the (lack of) information listed so far, it could be any hardware (or software) component causing the crashes.

 

Please describe the steps used to determine it is solely the GPU's fault.

[StarsMars]

2 hours ago, Bio Hazard said:

The card first started randomly crashing, then blue screened, now it randomly shuts off the system.

• What is the wattage rating on your PSU?
• Do you have both pcie power connectors plugged into the GPU?
• Have you updated the GPU drivers? Have you tried running older drivers?
• Try another displayport or hdmi cable and or port on the GPU.

The 7900xtx is what I like to call "a hungry boy."

Sounds like you don't have enough power more than likely.

 

[Bio Hazard]

1 hour ago, Kid.Lazer said:

Just for completeness, you did test another card to rule out the GPU, yes? Given the (lack of) information listed so far, it could be any hardware (or software) component causing the crashes.

 

Please describe the steps used to determine it is solely the GPU's fault.

I’ve tested the GPU in another system which does work fine with a different GPU.

I’ve also ruled out software by wiping everything and starting fresh.

[Bio Hazard]

57 minutes ago, StarsMars said:

• What is the wattage rating on your PSU?
• Do you have both pcie power connectors plugged into the GPU?
• Have you updated the GPU drivers? Have you tried running older drivers?
• Try another displayport or hdmi cable and or port on the GPU.

The 7900xtx is what I like to call "a hungry boy."

Sounds like you don't have enough power more than likely.

 

The first system the issue occurred on had an AI1300P. Power is not an issue unfortunately. Beyond the random shutdowns, it seems to corrupt drivers at random.

[StarsMars]

3 minutes ago, Bio Hazard said:

The first system the issue occurred on had an AI1300P. Power is not an issue unfortunately. Beyond the random shutdowns, it seems to corrupt drivers at random.

Edit:Didn't see other post. 

[LogicalDrm]

17 hours ago, Tan3l6 said:

Can anyone in this thread actually help OP though? I doubt it a bit.

Have to have communications running between all sides.

No, which leads to question, why post? If the response if criticism, defense towards all other parties etc. Only LMG staff can help. While this might be seen (and most certainly has been seen), its still iffy whether there's something they can do. Other than pay new card out of their own pocket.

 

If AMD has made policy decision not to serve warranties to products that have been gain from non-retail sources (so from them directly or from some board partner, store etc. without there being proof of purhcase), then thats that. LMG can push AMD about such policy, but considering how big AMD is compared to influence of LMG even towards their more major sponsors like Asus, its doubtful anything will happen.

[jubjub]

8 hours ago, LogicalDrm said:

No, which leads to question, why post? If the response if criticism, defense towards all other parties etc. Only LMG staff can help. While this might be seen (and most certainly has been seen), its still iffy whether there's something they can do. Other than pay new card out of their own pocket.

 

If AMD has made policy decision not to serve warranties to products that have been gain from non-retail sources (so from them directly or from some board partner, store etc. without there being proof of purhcase), then thats that. LMG can push AMD about such policy, but considering how big AMD is compared to influence of LMG even towards their more major sponsors like Asus, its doubtful anything will happen.

Since LMG did the giveaway and the card is non functional that'd be illegal basically everywhere. Think if LMG never sent the card in the first place, would you be upset at that? Well this is legally a very similar situation just a useless card was sent in place of one that works.

If AMD won't support their giveaways then LMG just has to eat the cost of a replacement. Cost of doing business with a shitty company.

[Lurick]

3 minutes ago, jubjub said:

Since LMG did the giveaway and the card is non functional that'd be illegal basically everywhere. Think if LMG never sent the card in the first place, would you be upset at that? Well this is legally a very similar situation just a useless card was sent in place of one that works.

If AMD won't support their giveaways then LMG just has to eat the cost of a replacement. Cost of doing business with a shitty company.

Please, show us the law then that mandates a giveaway item must work for X period of time and be replaced by another company if something happens to it.

[jubjub]

13 minutes ago, Lurick said:

Please, show us the law then that mandates a giveaway item must work for X period of time and be replaced by another company if something happens to it.

Common law contract law and any contract law extensions in legislation. Even in countries that have no common law basis you get similar contract law legislation. You can't just misrepresent a giveaway and get away with it lol. Think of the logical conclusion to if there was no liability for giveaways. Everyone would just make fake giveaways and never draw a winner.

Here's a Canadian law reference for you: https://ca.practicallaw.thomsonreuters.com/9-107-6848?transitionType=Default&contextData=(sc.Default)&firstPage=true#:~:text=An untrue statement of fact,misrepresentation of fact or law.

 

It's clearly negligent or innocent misrepresentation both of which allow you to claim damages. LTT advertised a giveaway for what people assumed to be a working GPU. Instead LTT gave away a faulty GPU and won't remedy that. Therefore there's either a negligent or innocent misrepresentation allowing a claim for damages that occurred due to this misrepresentation. The law works very similarly with this setup in a bunch of countries as well, not only Canada.

Also that's not the only way it can be illegal. There's other places it'd likely be illegal too but I don't feel like diving through a bunch of Canadian law.

[Lurking]

Whoever does marketing for AMD must be an idiot. The point of those sponsored giveaways is to put the spotlight on the brand and make it look good. Any warranty should be handled extra well to not put that same spotlight on a negative experience.

 

But I also have to agree with others and wonder if OP gave as little information about the defect to AMD as they gave here. Cooling, PSU, MB, software... for all we know OP's PC could be a hotbox with $30 PSU. and outdated drivers installed.

 

Not sure about legality... most consumer protection is for paying buyers. If it was free, well, they can just refund you what you paid (=nothing)

[Bio Hazard]

18 minutes ago, Lurking said:

Whoever does marketing for AMD must be an idiot. The point of those sponsored giveaways is to put the spotlight on the brand and make it look good. Any warranty should be handled extra well to not put that same spotlight on a negative experience.

 

But I also have to agree with others and wonder if OP gave as little information about the defect to AMD as they gave here. Cooling, PSU, MB, software... for all we know OP's PC could be a hotbox with $30 PSU. and outdated drivers installed.

 

Not sure about legality... most consumer protection is for paying buyers. If it was free, well, they can just refund you what you paid (=nothing)

Nope, I went through like a month of troubleshooting with them first, tried everything they told me to do only for them to refuse me warranty. 

[LogicalDrm]

9 minutes ago, jubjub said:

Since LMG did the giveaway and the card is non functional that'd be illegal basically everywhere. Think if LMG never sent the card in the first place, would you be upset at that? Well this is legally a very similar situation just a useless card was sent in place of one that works.

If AMD won't support their giveaways then LMG just has to eat the cost of a replacement. Cost of doing business with a shitty company.

After giveaway is done and prizes distributed, it's not on the organiser of giveaway. Not since it's sealed/new product. So it's same as if you got it from the store. It's still on manufacturer to honor warranty. Not store or the middleman.

 

As for your example laws. The reason why your example doesn't work is because there's no damage done in legal eye. It's free entry. No money has exchanged hands. Manufacturer is still the one who should exercise good practice of covering all their retail items, regardless of how they exchange owners. In EU, warranty is for product, not buyer. So AMD refusing warranty would be illegal. The POO would be email notifying about winning the prize and shipping information on delivery. If no other documents are provided.

 

So it's bad situation, but not illegal. In fact, if you Google some other Canadian giveaways, it's very often mentioned in T&C that there's no warranty given by organizer.

[Shahrad]

On 3/25/2024 at 2:23 PM, Bio Hazard said:

Hey, not sure where else I can post this, but in December I won an avatar 7900xtx from the ltt giveaway, and of course with my luck, it was defective. AMD refuses to  fix it, and I’m out of options. Is there anyone that can help me?

Hey,

 

I manage the AMD account.

 

I see your email in the general inbox. Let me reach out to my contact and see if we can help in any way, but this isn't a guarantee that I'm gonna fix everything.

 

Also, please be patient, as I'm doing this on top of my other day-to-day duties.

 

I'll send you an email to keep in touch.

 

Cheers.

[Bio Hazard]

1 hour ago, Shahrad said:

Hey,

 

I manage the AMD account.

 

I see your email in the general inbox. Let me reach out to my contact and see if we can help in any way, but this isn't a guarantee that I'm gonna fix everything.

 

Also, please be patient, as I'm doing this on top of my other day-to-day duties.

 

I'll send you an email to keep in touch.

 

Cheers.

thank you so much, i greatly appreciate it

 

[jubjub]

3 hours ago, LogicalDrm said:

After giveaway is done and prizes distributed, it's not on the organiser of giveaway. Not since it's sealed/new product. So it's same as if you got it from the store. It's still on manufacturer to honor warranty. Not store or the middleman.

 

As for your example laws. The reason why your example doesn't work is because there's no damage done in legal eye. It's free entry. No money has exchanged hands. Manufacturer is still the one who should exercise good practice of covering all their retail items, regardless of how they exchange owners. In EU, warranty is for product, not buyer. So AMD refusing warranty would be illegal. The POO would be email notifying about winning the prize and shipping information on delivery. If no other documents are provided.

 

So it's bad situation, but not illegal. In fact, if you Google some other Canadian giveaways, it's very often mentioned in T&C that there's no warranty given by organizer.

If AMD's warranty has an exception for giveaways then it's on the person giving the item away. That's assuming you live in a country with no consumer protection laws that enforce guarantees on the item which would supersede any contract except where you're explicitly allowed to opt out (think business to business transactions). But there is damage in the legal eye. You've entered into a contract with the understanding that if you get drawn you'd receive a working GPU. You've been drawn and instead of receiving a working GPU you've received a faulty one. That's clear breach of contract due to misrepresentation and you have direct damages in the value of what you should have received as per the contract for entering the giveaway. Just because it's free doesn't mean there isn't consideration which you seem to have mistaken. You would have a point if no action was required in order to enter the giveaway and they chose a random person on the street as then you'd be missing consideration and there would be no contract but if you have to do something in order to be eligible for the giveaway then that's the consideration provided to form your contract. Whether that's liking a post or entering a form that action creates the consideration needed to make it a valid contract. Currently LMG have breached that contract by misrepresentation meaning a court absolutely can find damages equal to the value of what someone reasonably should have understood they would be receiving (aka a working GPU).

 

Absolutely illegal. Idk how you've gotten that mistaken about damages but maybe you've missed how consideration works in contract law?

 

Here's a plain example to explain the situation. If you enter into a contract with someone that says "If you pick up this apple and I roll a dice that lands on 5 I'll give you $100" then if they then say "Sure" pick up the apple and you roll a dice that lands on 5 you don't get to claim "No but it was free to pick up the apple" that's just ridiculous. Consideration is not at all limited to monetary values and consideration doesn't have to be equal in value to the other side of the contract. Consideration just has to be sufficient. Here's a quote from https://www.lsd.law/define/legally-sufficient-consideration that explains Sufficient Consideration.

Quote

Legally sufficient consideration refers to something of value that is exchanged between parties in a contract. This can be an act, a forbearance, or a return promise that motivates a person to engage in a legal act.

Absolutely asking someone to enter their details in exchange for entering is consideration as it's a type of performance.

 

Again, it's illegal in multiple different ways. Not even just this one. I have 0 doubt that what has happened is illegal from LMG if they choose not to replace the GPU with a working one or compensate for the value of the GPU.

[artuc]

5 hours ago, Lurking said:

Not sure about legality... most consumer protection is for paying buyers. If it was free, well, they can just refund you what you paid (=nothing)

 

In Australia the same consumer protection applies to prizes as a normal sale.

 

To go to an exteme you could have people trying to pull a dodgy running giveaways/raffles etc. trying to sub out the prize with defective, damaged or refurb things and so on.

 

On the other hand though especially in tech you could have items that are beta or early revision, samples and so on not covered by warranty from the outset. In that case it would suck for a small reviewer to be personally on the hook if they did a low key giveaway of a few items otherwise gathering dust.

 

Becomes a grey area, morally and optics wise I'd argue as to what the giveaway runner gains if anything, what expectations and T&Cs were set and so on.

 

May help to be more clear up top on the LMG side and maybe clarify with some manufacturers If they will warranty it.

[Blue4130]

1 hour ago, jubjub said:

If AMD's warranty has an exception for giveaways then it's on the person giving the item away. That's assuming you live in a country with no consumer protection laws that enforce guarantees on the item which would supersede any contract except where you're explicitly allowed to opt out (think business to business transactions). But there is damage in the legal eye. You've entered into a contract with the understanding that if you get drawn you'd receive a working GPU. You've been drawn and instead of receiving a working GPU you've received a faulty one. That's clear breach of contract due to misrepresentation and you have direct damages in the value of what you should have received as per the contract for entering the giveaway. Just because it's free doesn't mean there isn't consideration which you seem to have mistaken. You would have a point if no action was required in order to enter the giveaway and they chose a random person on the street as then you'd be missing consideration and there would be no contract but if you have to do something in order to be eligible for the giveaway then that's the consideration provided to form your contract. Whether that's liking a post or entering a form that action creates the consideration needed to make it a valid contract. Currently LMG have breached that contract by misrepresentation meaning a court absolutely can find damages equal to the value of what someone reasonably should have understood they would be receiving (aka a working GPU).

 

Absolutely illegal. Idk how you've gotten that mistaken about damages but maybe you've missed how consideration works in contract law?

 

Here's a plain example to explain the situation. If you enter into a contract with someone that says "If you pick up this apple and I roll a dice that lands on 5 I'll give you $100" then if they then say "Sure" pick up the apple and you roll a dice that lands on 5 you don't get to claim "No but it was free to pick up the apple" that's just ridiculous. Consideration is not at all limited to monetary values and consideration doesn't have to be equal in value to the other side of the contract. Consideration just has to be sufficient. Here's a quote from https://www.lsd.law/define/legally-sufficient-consideration that explains Sufficient Consideration.

Absolutely asking someone to enter their details in exchange for entering is consideration as it's a type of performance.

 

Again, it's illegal in multiple different ways. Not even just this one. I have 0 doubt that what has happened is illegal from LMG if they choose not to replace the GPU with a working one or compensate for the value of the GPU.

Are you certain that this was faulty from the start? Your whole argument falls apart if this was working for any amount of time in posters computer.