That might have been the case if the first card was not replaced by a new one. That is also what I based my claim on. That and the links to TPU and other sites that reported that problem. If the second card would work fine then I have no problem, but since second is also having the same problem, I do not want a third one, or repaired one or much less wait for it another 3 weeks. And if it would be a minor issue and card would be Ok then why replace it for a new one?
But I get your point and they are trying to defend their position to a refund by saying that first case was a warranty claim and not a claim with them, so the second one is really their first claim as the one for manufacturer of the card doesn't count. I called public lawyer already that helps in those kind of cases and he refuted that claim. It doesn't matter if it's first claim, second or fifth. If the issue is persistent, major and product is not as it was said in the sales agreement, I can claim a refund.
Of course if the retailer really will not want to do a refund but just replace it or repair it then they will and only thing that can be done after that is court.
Yeah that's another part of my claim. That Gigabyte never mentions that card should not be mounted vertically, because it causes issues, so product is not as in sales agreement.
