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I need to bring EVGA to court

http://forums.evga.com/BL141E760A1-...ch-Support-Modification-w970-CPU-m872663.aspx


So EVGA sells a 400$ e760 A1, rev 1.0 board with a broke Turbo for the i7 970, 980x, and 990x and doesn't tell it's customers that the Turbo doesn't work. I didn't own a i7 970 until a year and a half ago. I bought the board in late 2009. They own up to it and fix the Turbo for these chips with the rev 1.1 board. It's a dirty shame for EVGA not to honor their mistake while excusing themselves with their 3yr warranty on the board. They are liable and should fix any board with this issue that comes across their RMA.

What is my first step to bringing EVGA to court? They are based out of California.
 
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I used to have all EVGA parts in my PC (as far as video card and motherboard go). This was the first year since 2008 that this wasn't the case.

I lost faith in them when they got rid of their lifetime warranties, plenty of other manufacturers out there with better offerings.
 
The board was released in 2009. That chip was released in 2010 from what I can tell. Doesn't sound like they intentionally released a product that was broken. It may have just been an incompatibility with the latest chip and from that post, sounds like they fixed the board for free. They even paid shipping both ways.

Did you talk to eVGA about this and file an RMA? You've provided no information other than you want to sue a company. You waited 6 years after the board was manufactured to try a part that the motherboard wasn't necessarily designed for?
 
The board was released in 2009. That chip was released in 2010 from what I can tell. Doesn't sound like they intentionally released a product that was broken. It may have just been an incompatibility with the latest chip and from that post, sounds like they fixed the board for free. They even paid shipping both ways.

Did you talk to eVGA about this and file an RMA? You've provided no information other than you want to sue a company. You waited 6 years after the board was manufactured to try a part that the motherboard wasn't necessarily designed for?

I didn't own the i7 970 until a few years ago. I've owned a rev 1.0 board since 2009 + I had to RMA the first board then I got a different one in return in May 2010. My boards has been registered with them since 2009. I was never notified and I don't think there was a recall on the board to be fixed. I've spoken with them and they won't fix it because it's out of warranty.'


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btw don't presume that I waited 6yrs before trying a part that the board wasn't designed for. Why don't you go out and buy a X5960 and a couple of TITAN X parts for your machine? Maybe a couple of 18 core Xeon chips for a server? Oh you don't have the money, I PRESUME?
 
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Find a law firm. go for a class action suit

The class of people who bought a broken e760 A1 rev. 1.0 board and didn't realize it was broken until after the warranty expired?

Maybe a new attorney looking to do a first class action. Sort of like a practice run.

OP, did you try just calling EVGA and asking? I've had some sketchy experience with their vid cards in the past, but never had one of their mobos. I'm an Asus fanboi.
 
Yes I called them and the first person I spoke with said they could probably fix it. This was even after he told me it was out of warranty, if i recall correctly. The board is there now on deck being ready to be fixed. I also asked to have the Westmere mod done. Told them I was more concerned with getting the turbo to work. Was it common knowledge about the rev 1.0 boards not working with the 970, 980 and 990 chips?
 
small claims court, big companies sometimes don't even show for the case. Keep in mind it will be years before you see that money.
No layer required for small claims court.
 
Yes I called them and the first person I spoke with said they could probably fix it. This was even after he told me it was out of warranty, if i recall correctly. The board is there now on deck being ready to be fixed. I also asked to have the Westmere mod done. Told them I was more concerned with getting the turbo to work. Was it common knowledge about the rev 1.0 boards not working with the 970, 980 and 990 chips?

So they are going to fix it? Is the problem that they are charging you?
 
So they are going to fix it? Is the problem that they are charging you?

No they still won't fix it. I'm waiting for a manager to call me. What I'm wondering though is if the Westmere mod inadvertently fixes the Turbo issue. I am paying for the Westmere mod, which I know is an easy fix but like I said I sent it in to have the Turbo looked at because the kid told me they could probably fix it.
 
Before you get a painful education in such things as attorney fees, court costs and (probably most importantly) statute of limitations, etc. I strongly suggest you take the advice repeatedly offered to you in this thread and pursue the RMA route.
 
Before you get a painful education in such things as attorney fees, court costs and (probably most importantly) statute of limitations, etc. I strongly suggest you take the advice repeatedly offered to you in this thread and pursue the RMA route.


$30 USD for small claims court

I already stated several times in this thread that this is in an RMA process, but thank you
 
So this post was 6 years in the making, and then you make a thread , be rude to people making suggestions, and 12 hours later say "nevermind, things are fine"

Epic Whiner.
 
The next time you think about suing a company:
1. Don't wait until after the warranty has expired.
2. Don't sue a company for their product not working with a part it wasn't originally designed for.
3. Don't sue a company before giving them reasonable opportunity to respond to your request/ complaint.

In this particular case, the cost of taking them to court would be as much or more than the board is worth, and your case would have been thrown out due to failing the above three points.

I am glad they took care of you, and I hope you learned something from the experience.
 
The tech repeatedly told me that the Turbo issue is not covered because the board is out of warranty after the fact that the poster from the EVGA forums described his RMA history with the EVGA techie, for trying to get the turbo to work. It's not like I'm asking to fix something that broke on my board that's out of warranty: "oh hey, the SATA port broke off my motherboard, you should fix it, i'm suing" lol it's not like that. There is a legitimate issue with the turbo feature not working for the 970. The Turbo works with the 980x and 990x on the Rev 1.0 board. The revelation, that I finally found out, is that the Westmere mod fixes the Turbo with the 970, and provides compatibility for Westmere Chips. That all happened from the time I opened this thread till 1pm.
 
You will probably need a VERY good and expensive lawyer for that. It's not like it's the first time a company puts out a faulty product. Look at Seagate. LOL. 7200.11 etc... Basically it will cost more to sue them than what the card cost. Probably best to just cut your losses and get a non faulty card. It is a piss off though to get a faulty product.

Could try to see if a lawyer wants to do a class action lawsuit, I'm not sure how those work but don't think you have to pay anything as the lawyer himself basically gets a cut from it in the end. At least I think that's how it works?
 
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