Dead Motherboard Returned back to me by Ebuyer

  sean1916 04:33 12 Mar 2010

I purchased an Asus P5Q series motherboard in January this year (2010) from Ebuyer. This motherboard has now failed and I returned it to Ebuyer with a Returns number as requested. Ebuyer have since Returned the dead motherboard to me and claimed that they could not find the fault.

All they other component parts of the system have been independently tested and shown to be working with the exception of the motherboard as purchased from Ebuyer and returned to them for repair or replacement as requested by them.

So that Ebuyer were given every opportunity as required in Law and as requested by them to resolve this matter. Whereas in fact they totally failed to do anything at all or even to find the problem and then managed to add insult to injury by Returning a dead motherboard to me.

In the circumstances I have emailed Armando Sanchez the Managing Director of Ebuyer and requested an upgrade and full replacement of the motherboard which is by now an obsolete standard and of dubious quality in the circumstances and is in can case totally defunct. So I therefore being left with no alternative then to do so in the circumstances in which I find myself requested an upgrade to the Ausa P6 series Deluxe motherboard with USB 3.0 with accessories as required in order to get my system back up and running with out further delay in that as a disabled person I am totally dependant upon the use of my Computer system. I have yet to hear back from him and have advised him that I shall be left with no alternative than to take him and Ebuyer to the County Court within ten days or there after without further notice to him, if this matter is not now resolved promptly by him. Any ideas or support over this matter would be most welcome.

When I originally bought the motherboard from Ebuyer by credit card in January it had a three year warranty. At the same time and in the same order I asked them to forward me a Computer case, which was unseen by me and told them that my old motherboard was down and that the order was most urgent.

I also had free delivery on the motherboard. However after Ebuyer emailing me to thank me for my Order. Ebuyer subsequently after a week delay then tried to claimed that this was not an order and forced my to re-order my original order which I did together with the new Computer case.

  morddwyd 07:04 12 Mar 2010

Has the motherboard been independently tested, and do you have a copy of the results?

If so send a copy to Ebuyer.

If not it's just your word against their's and unless you can produce some evidence to show the board was faulty when it arrived you don't have much chance of redress.

  chub_tor 10:16 12 Mar 2010

is correct, it is your responsibility to prove that the board is faulty not ebuyer's. Take it, or have it taken in view of your disability, to a local repair shop and have them test it. It it does indeed prove to be faulty then have the shop give you a letter on headed notepaper showing the results of their tests. You can then send this to ebuyer, with the shop's invoice for the test and explain that you incurred this extra expense because the ebuyer test was faulty. Now you have a leg to stand on.

I think that you jumped the gun by writing to the MD of ebuyer and threatening legal action. You should have held your fire until you had proof that the board was faulty. Testing all the other components to show that they were working does not necessarily mean that the board is faulty, it might mean that your selection of components just don't like working with each other.

  daveeb 10:45 12 Mar 2010

Surely it's e-buyers responsibility to prove that the board is not faulty as it is less than 6 months old therefore presumed to have been defective from purchase as stated by the purchaser unless proven otherwise by the vendor?

  PalaeoBill 10:59 12 Mar 2010

No, as morddwyd and chub-tor have said, its not the retailers responsibility to prove the board is faulty.
Ebuyer are saying it is not faulty and they may well have tested it, you can't know for sure that they didn't.
I have had motherboards that utterly refused to work when installed in specific cases and that were incompatible with certain brands of components, in particular video cards. I've also had one fail to work with a specific processor when that processor worked in another motherboard and another processor that appeared to be identical did word in said motherboard.
I know its a pain but I think you do need a fault report as suggested.

  daveeb 13:19 12 Mar 2010

Aren't malfunctioning goods deemed to be inherently faulty and up to the supplier to prove otherwise within the first 6 months (or is an internet/distance purchase different) ?

  chub_tor 15:11 12 Mar 2010

I think that ebuyer did accept that the board could be faulty when they issued an RMA number and accepted the board back. They tested it, found it to working and sent it back. Perhaps they could have sent a copy of their test results but they didn't.

I have been both a buyer and a seller and as a buyer if I have had a fault I have always returned goods with a full description of the fault and how I tested it. As a seller I have had to return goods sent to me as not working after I have tested them myself and found them to be OK. But I have always sent back how I tested them along with the test results so that there can be no argument.

I just feel that sean1616 would have a better response if he had not immediately resorted to letters addressed to a Managing Director and followed it up with threats of legal action. These are last resort measures after all the Customer Service and Technical people have had a chance to evaluate what has happened. If you think about it logically what will the MD do? He will call his Customer Service people and his Technical people and say "OK tell me your side of this, what have you done?" If they show him that they tested the board and it was good he is not going to go against them. On the other hand if he has test results from the customer proving that it was a failed board he can then challenge their findings. The MD does not want to lose a customer, on the other hand he doesn't want to lose money either.

  morddwyd 15:38 12 Mar 2010

"Aren't malfunctioning goods deemed to be inherently faulty"

Yes but according to Ebuyer the board is not malfunctioning, and therefore not faulty.

It is the malfunctioning which has to be proved first.

sean1916 saying it is malfunctioning does not constitute proof!

  daveeb 18:08 12 Mar 2010

And ebuyer saying it's working does not constitute proof either. The onus is on Ebuyer to prove that the motherboard is not faulty by way of some sort of report. Without that the board is considered damaged and so ebuyer should replace it without further delay.

  chub_tor 19:25 12 Mar 2010

This is from the ebuyer website Returns Policy:

Items Faulty on Arrival

If your items are faulty on arrival, you have 28 calendar days in which to inform us of the fault (please note that for our business customers, this is 14 calendar days). Items should be returned in their original packaging complete with all accessories and documentation. Once we have verified the fault, we'll issue a replacement or full refund to you via your original payment method and reimburse your reasonable return carriage costs. We test returned items, and if a returned item is found not to be faulty by our technicians we will return the item to you, in this instance you will be liable for the return carriage.

Items Faulty in Warranty Period

If any of your purchases develop a fault, and it's more than 28 calendar days since receipt, then provided your item is within its warranty period, you are entitled to a warranty repair. In some cases, manufacturers provide a specialist full on-site service and/or telephone help facilities for your convenience which we recommend you use in order to correct the fault quickly. For business customers all warranty repairs after 28 days of receipt are referred directly to the manufacturer (unless otherwise stated)

From the way that ebuyer has handled this it would appear that they have applied their rule of the return being within 28 days, have tested it, found it to be good and returned the motherboard. I agree with daveeb that it would have been helpful if they had returned it with some kind of report from their lab saying how it was tested and what the results were but their returns policy does not demand that they do so.

I still think that sean916 would have a stronger case if had the board tested himself, show proof from an independent source that it was faulty, claim a refund for the cost of the board, the testing and the carriage costs. If it goes to court and he has all this proof he has a much stronger chance of winning and he can claim his court costs back. My guess is that as soon as ebuyer sees his proof that the board is proven faulty then they will cave in, most likely give him the upgraded board he desires and do all they can to keep him as a customer. Without proof he will always be in a tit-for-tat situation and they can hold out longer than him. Fight battles from a position of strength.

  morddwyd 19:27 12 Mar 2010

"The onus is on Ebuyer to prove that the motherboard is not faulty by way of some sort of report. "

I don't think it is. in law.

If you buy something from a retailer it is inherent in the transaction that the goods are working properly, and they do not have to give you a certificate to prove it.

If a fault develops it is up to the person finding the fault to prove that it is there.

At this stage liability is not an issue, but whether the mobo is faulty or not.

On;y an engineer's independent report can do that.

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