Australian Consumer Law - Is this a loophole or was I just expecting to much?
So I bought a RTX 5080 graphics card which was $2,400 (over priced I know). Fast forward 6 months it now fails to render games or applications without immediately crashing to a black screen. Took it to computer repair shop to verify the card was the problem and they confirmed it faulty on their test system.
I view this is a major fault given it can’t be used for its normal purpose and I would not have purchased it knowing it would fail within 6 months.
I explained this to the store I purchased it from citing the above and ACL - When a business sells a product that later develops a major problem, it must give the consumer the choice of a:
- refund, or
- replacement of the same type of product.
Retailer response was:
The graphics card can be repaired within a reasonable time frame so in this case the manufacturers warranty applies. Estimated turnaround of 2-4 weeks this is legally considered a "reasonable time" for specialized computer hardware therefore entirely compliant with ACL.
Is the retailer correct in saying under ACL this does not constitute a major fault and that I am not entitled to a refund or replacement?
Thanks for any input
*Update* Based on the comments this would classify as minor fault if it is repairable. I'm going send it back and go through the RMA process. Thanks everyone for all the feedback.