You may sue under state law in a small claims court of competent jurisdiction without first engaging in arbitration, but you must engage in arbitration before suing under the Federal Magnuson-Moss Act. The award rendered by the arbitrator may include your costs of arbitration, your reasonable attorneys' fees and your reasonable costs for expert and other witnesses, and any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction. But recent reports of the coolers falling off and Asus not owning up to it, make that seem like a poor choice. At 6pm, I am finally able to get the documents faxed out. Anyway, I will have another chat with their store manager - but it's hopeless - even their English is pretty bad. It seems you are very drunk and did not follow this thread at all. We do not encourage the removal of components due to damage that may result in the process.Next
He stated that I must escalate my case via this form and he's unable to do that for me. October 7th, 2014 At 3pm, no response. This warranty and all disputes that may arise from it arise out of the sale of a product in interstate commerce and shall be governed by the Federal Arbitration Act, in addition to the internal substantive laws of the State of California, without respect to its conflict of laws principles. We will help you troubleshoot your issue and process a replacement if it is found to be defective. August 17th, 2014 I emailed the rep in the morning and asked if they could reimburse me anyways. At this point, I have two defective video cards.Next
The limited hardware warranty for selected Graphics Cards may only be transferred to one owner after the original owner. Hell, i could put up a sign in my shop that said I reserve the right to rape your children, but it wouldn't be legal That reminds me of ircimages. They can't refuse to help you at all with the warranty claim, but the least they can do is either send it away for you or give you a contact at the distributor to make a claim. You may sue under state law in a small claims court of competent jurisdiction without first engaging in arbitration, but you must engage in arbitration before suing under the Federal Magnuson-Moss Act. No call was received at all for the rest the day. These components continued to be cooled by the passive heatsinks. Any problems that do not relate specifically to a manufacturing defect or hardware product failure, including, but not limited to, problems caused by abuse, misuse, negligence, act of God such as flood , misapplication of service by a party other than an authorized service representative, software, shipment damages, etc.Next
We will help you troubleshoot your issue and process a replacement if it is found to be defective. If, like yourself I had waited three months to upgrade I wouldn't have made all the savings I did back in mid November 2011. The fact is, no such law exists. It is a good thing this is my 2nd monitor and I had something else to use. It's cheaper to pay you off than their counsel even if it's on retainer. August 12th, 2014 The rep returned a stock email with info about shipment. You hereby consent to the personal jurisdiction of the state and federal courts located in Santa Clara County, California, for any lawsuit filed there arising from or related to this warranty.Next
As noted above, if a class action waiver of both court and arbitration class actions is found unenforceable, class arbitration will be expressly allowed under the agreement. I have received replacements and those replacements were not adequate. I just updated with the phone number. You hereby consent to the personal jurisdiction of the state and federal courts located in Santa Clara County, California, for any lawsuit filed there arising from or related to this warranty. Or, to put it bluntly, theft is still illegal, no matter how often you get away with it. This is illegal as well, right? It's about time these illegal warranty practices were stamped out once and for all.Next
Since the idea of bieng a retailer is to make money, they are unlikely to do anything that might result in their financial loss. How long is the limited warranty on a replacement product after warranty service? This is a state low, and all states require that the retailer solve the problem. If you want the product returned, you will have to pay the shipping fees. That's a lot stronger than a verbal statement, and reproduceable in court as evidence. This limited hardware warranty covers defects in materials and workmanship. Any use of Warranted Product for Enterprise Use shall void this warranty.
If so I would not consider buying from them as there is a lot os hassle involved in getting a warranty honoured by the company. Once those forms are received back an hold is processed on the provided credit card, and the forms are then processed, which can take 48 hours to do so, then your replacement will be released and shipped based on the shipping option that you select. To comply with the law is just a business expense, just like wages, electricity, rent, etc. My rig runs at 5Ghz daily and is quiet as a church mouse now. Accessories sold separately are covered by the applicable warranty accompanying the accessory. I shipped it back and waited for a return tracking. The United Nations Convention on Contracts for the International Sale of Goods does not apply to this warranty and is strictly excluded.Next
Some states do not allow limitations on how long an implied warranty lasts, so this limitation may not apply to you. As noted above, if a class action waiver of both court and arbitration class actions is found unenforceable, class arbitration will be expressly allowed under the agreement. Meanwhile, I have just checked their support website: to find that I have to contact my reseller. I have been waiting patiently for over 2 months now to have a working video card. Nothing in this Section shall prevent either party from seeking injunctive or other equitable relief from the courts as necessary to prevent the actual or threatened infringement, misappropriation, or violation of that party's data security, Intellectual Property Rights, or other proprietary rights. They dropped my monitor and then shipped it back to me like that.Next