Graphics Cards

[Janic]

So I bought an RX 6800 XT from AMD website 20 months ago when I was in France.

I am now living in Japan sent here by my company and my GPU just die.

I open a ticket sending all the necessary information and the invoice and the girl in charge of my case simply tell me that they do not ship in Japan, they can only ship at the original address. After reading the warranty contract, no mentioned is done about any change of address. I am quiet piece knowing the price we pay for the GPU.

I have just sent her the warranty contract I have just downloaded from their website, let see what she will reply.

Does anyone expérience this already?

[elstaci · Accepted solution]

So you purchase the AMD GPU card through AMD Store while living and working in France for your company.

Are you a US Citizen or EU Citizen?

You gave a French address for delivery of your GPU card and since you were forced to move to Japan due to company requirements you now have a Japanese address.

You contacted AMD Warranty and they said they will honor the AMD Warranty but the replacement must be sent to the original address which is in France and that they have no deliveries in Japan.

From my view that isn't AMD fault and you moving to a different country was out of your control. What I suggest is for AMD to deliver the replacement to the French address and have someone there pick it up, from your company,  for you and ship it to your new Japanese address.

[johnnyenglish]

You will have to consult French and UE laws about consumer warranty and how shipment works outside of UE space.

[elstaci]

Here is a copy of the AMD Warranty PDF on the RX 6800XT from AMD SUPPORT.

NOTE I Highlighted some areas of the Warranty: https://www.amd.com/system/files/documents/radeon-rx-6800-warranty-card.pdf

A M D  R A D E O N™ R X 6 8 0 0 X T  A N D  A M D  R A D E O N ™ R X 6 8 0 0  WA R R A N T Y  I N F O R M AT I O N PAGE 1
Warranty Information for AMD Radeon™ RX 6800 XT
and AMD Radeon™ RX 6800 Graphics Cards
TWO YEAR LIMITED WARRANTY (“LIMITED WARRANTY”)
WHAT DOES THIS LIMITED WARRANTY COVER?
For a period of two (2) years starting from the date of purchase of the Product by the original purchaser as shown by a valid receipt (the “Warranty Period”),
AMD warrants that its Radeon RX 6800 XT/Radeon RX 6800 graphics cards (“Product”), which have a valid serial number (as verified by AMD in good
faith), when properly installed and used, will be free from defects in materials and workmanship and will substantially conform to AMD’s publicly available
specifications for the Product (“Specifications”).
HOW WILL AMD HONOR THIS LIMITED WARRANTY?
If the Product which is the subject of this Limited Warranty fails during the Warranty Period for reasons covered by this Limited Warranty, AMD, at its sole
option, will either: (1) replace the Product, or part thereof, with another Product or part thereof with a new or refurbished Product or part that offers materially
equivalent or greater performance than the originally purchased Product; OR, (2) refund the then-current value of the Product; provided that the amount
shall in no event exceed the amount paid by your for the Product. The foregoing will be your exclusive remedy for any breach of this Limited Warranty or any
other warranty obligation required by law. You agree that you transfer all right, title and interest to AMD for all Products returned to AMD under this Limited
Warranty and for which you receive a refund or replacement.
THIS LIMITED WARRANTY, AND ANY IMPLIED WARRANTIES THAT MAY EXIST UNDER APPLICABLE LAW, APPLY ONLY IF YOU ARE THE ORIGINAL
PURCHASER OF THE PRODUCT, AND LASTS ONLY FOR AS LONG AS YOU CONTINUE TO OWN THE PRODUCT. To be eligible for this Limited Warranty, the date
of purchase of the Product is required. AMD may request the original sales receipt or a copy as proof of the date of purchase.
WHAT WILL THIS LIMITED WARRANTY NOT COVER?
THIS LIMITED WARRANTY SHALL NOT APPLY TO YOUR PRODUCT IF AMD DETERMINES IN ITS SOLE DISCRETION THAT THE ALLEGED FAILURE OF
THE PRODUCT TO MATERIALLY CONFORM TO THE SPECIFICATIONS DOES NOT EXIST OR WAS CAUSED BY, RELATED TO OR AROSE OUT OF MISUSE,
NEGLECT, IMPROPER USE, INSTALLATION OR TESTING, UNAUTHORIZED ATTEMPTS TO OPEN, ALTER, REPAIR OR MODIFY THE PRODUCT OR SOFTWARE,
UNAUTHORIZED ATTEMPTS TO REMOVE OR ALTER ORIGINAL IDENTIFICATION MARKINGS, OPERATION OUTSIDE OF THE SPECIFICATIONS (INCLUDING,
WITHOUT LIMITATION, WHERE CLOCK FREQUENCIES OR VOLTAGES HAVE BEEN ALTERED – EVEN WITH USE OF AMD SOFTWARE), COMBINATIONS
WITH INCOMPATIBLE THIRD PARTY PRODUCTS, THIRD PARTY VIRUS, INFECTION, WORM OR SIMILAR MALICIOUS CODE OR ANY OTHER CAUSE OUTSIDE
THE SCOPE OF THE INTENDED USE OF THE PRODUCT, OR BY ACCIDENT, FIRE, LIGHTNING, FLOOD, OTHER HAZARDS, OR ACTS OF GOD. THIS LIMITED
WARRANTY WILL NOT APPLY TO PRODUCTS USED FOR NUCLEAR RELATED, WEAPONS RELATED, MEDICAL OR LIFE SAVING PURPOSES, OR ANY OTHER
SITUATION WHERE THE FAILURE OF SUCH PRODUCTS MIGHT BE REASONABLY EXPECTED TO CAUSE INJURY TO PERSON OR PROPERTY.
AMD MAKES NO WARRANTY OR REPRESENTATION THAT: (I) THE OPERATION OF THE PRODUCT WILL BE UNINTERRUPTED OR ERROR FREE; (II) DEFECTS
IN THE PRODUCT WILL BE CORRECTED; (III) THE PRODUCT WILL MEET YOUR REQUIREMENTS, (IV) THE PRODUCT WILL WORK IN COMBINATION WITH ANY
HARDWARE OR SOFTWARE NOT PROVIDED BY AMD, (V) THE PRODUCT WILL BE FREE FROM DESIGN DEFECTS OR ERRORS KNOWN AS “ERRATA”.
THIS LIMITED WARRANTY DOES NOT APPLY TO ANY AMD OR THIRD-PARTY SOFTWARE PROVIDED OR USED WITH THE PRODUCT. WARRANTIES, IF ANY,
FOR SOFTWARE ARE CONTAINED IN THE APPLICABLE LICENSE AGREEMENT WHICH ACCOMPANIES THE SOFTWARE.
AMD DOES NOT WARRANT ANY ITEMS (E.G., CORDS)) THAT MAY BE PROVIDED WITH THIS PRODUCT, AND YOU SHALL TAKE SUCH ITEMS “AS IS” WITHOUT
ANY WARRANTIES, EXPRESS OR IMPLIED, UNLESS SUCH ITEMS ARE WARRANTED BY A THIRD PARTY.
THIS LIMITED WARRANTY DOES NOT COVER ANY COSTS ASSOCIATED WITH THE REPLACEMENT OF THE PRODUCT, INCLUDING COSTS TO REMOVE FROM
YOUR SYSTEM OR SHIPPING COSTS.
DISCLAIMER OF WARRANTY
THE WARRANTY EXPRESSLY SET FORTH HEREIN AS THE LIMITED WARRANTY SUPERSEDES ALL OTHER PRIOR OR CONTEMPORANEOUS WARRANTIES
FOR, AGREEMENTS, UNDERSTANDINGS, AND REPRESENTATIONS ABOUT THE PRODUCT, WHETHER WRITTEN OR ORAL. THIS LIMITED WARRANTY
IS EXPRESSED IN LIEU OF, AND AMD HEREBY DISCLAIMS, ALL OTHER WARRANTIES, EXPRESSED OR IMPLIED, INCLUDING, WITHOUT LIMITATION,
WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, COURSE OF DEALING, TRADE USAGE OR PRACTICE AND NON-
INFRINGEMENT. FURTHER, NO THIRD PARTY, INCLUDING, WITHOUT LIMITITATION, ANY PERSON OR ENTITY INVOVLED IN THE DISTRIBUTION OR SALE OF
THE PRODUCT, IS AUTHORIZED TO MODIFY THE LIMITED WARRANTY OR ASSUME ANY OBLIGATION OR LIABILITY ON BEHALF OF AMD.
SOME STATES AND JURISDICTIONS DO NOT ALLOW EXCLUSIONS OF CERTAIN IMPLIED WARRANTIES OR LIMITATIONS ON HOW LONG AN IMPLIED
WARRANTY LASTS, SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
A M D R A D E O N™ R X 6 8 0 0 X T  A N D  A M D  R A D E O N ™ R X 6 8 0 0  WA R R A N T Y  I N F O R M AT I O N PAGE 2
LIMITATION OF LIABILITY
TO THE FULLEST EXTENT ALLOWED BY LAW, AMD ALSO EXCLUDES FOR ITSELF, ITS EMPLOYEES, AFFILIATES, SUBSIDIARIES , SUPPLIERS, RESELLERS
AND DISTRIBUTORS, ANY LIABILITY, WHETHER BASED IN CONTRACT OR TORT (INCLUDING NEGLIGENCE), FOR DIRECT, INCIDENTAL, CONSEQUENTIAL,
INDIRECT, SPECIAL OR PUNITIVE DAMAGES OF ANY KIND, OR FOR LOSS OF REVENUE OR PROFITS, LOSS OF BUSINESS, LOSS OF INFORMATION OR DATA,
OR OTHER FINANCIAL LOSS ARISING OUT OF OR IN CONNECTION WITH THE SALE, INSTALLATION, MAINTENANCE, USE, PERFORMANCE, FAILURE, OR
INTERRUPTION OF ITS PRODUCTS, OR PROCUREMENT OF SUBSTITUTE GOODS OR BUSINESS, EVEN IF AMD, ITS AFFILIATES, SUBSIDIARIES, SUPPLIERS,
RESELLERS AND/OR DISTRIBUTORS HAVE BEEN ADVISED OF THE POSSIBLITY OF SUCH DAMAGES AND WHETHER BASED ON CONTRACT, TORT,
NEGLIGENCE OR ANY OTHER LEGAL THEORY. AMD’S SOLE LIABILITY WITH RESPECT TO THE PRODUCT IS LIMITED TO THE OBLIGATIONS SET FORTH IN
THE FOREGOING SECTION TITLED “HOW WILL AMD HONOR THIS LIMITED WARRANTY?”.
SOME STATES AND JURISDICTIONS DO NOT ALLOW FOR THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS
LIMITATION AND EXCLUSION MAY NOT APPLY TO YOU.
PRIVACY
AMD will use any personal data provided by you for product warranty administration and to send you newsletters or information on offers and promotions in
accordance applicable laws and with our Privacy Policy. We will share your data with AMD group companies and service providers that perform services on our
behalf. Your data will be transferred to and stored in the United States, which may have different levels of privacy protection than may apply in your country.
For more information please see our Privacy Policy at http://www.amd.com/en-us/who-we-are/privacy.
GOVERNING LAW AND YOUR RIGHTS
This Limited Warranty gives you specific legal rights. You may also have other rights which vary from state to state, and jurisdiction to jurisdiction.
Unless prohibited by the laws of the jurisdiction in which you purchased the Product, this Limited Warranty is governed by the laws of the State of Texas
without giving effect to the choice of law provisions thereunder. The United Nations Convention on Contracts for the International Sale of Goods does not
apply to this Limited Warranty and is strictly excluded.
HOW TO OBTAIN WARRANTY SERVICE
You can submit a warranty request to AMD Customer Care. To submit a warranty claim, visit http://www.amd.com/WarrantyServices.
Please be prepared to provide: (1) your name, address, and telephone numbers; (2) proof of purchase; (3) a description of the Product; (4) the serial number
found on your Product; (5) an explanation of the problem; and (6) your election to accept return of the Product to you, at your cost, if AMD determines the
Product is not covered by this Limited Warranty or to consent to AMD’s destruction of the part. The AMD Customer Care Representative may need additional
information from you depending on the nature of the problem and all requested information must be provided before AMD will process any RMA request.
Upon receipt of a Return Material Authorization (RMA) number from an AMD Customer Care Center Representative, you will be required to send in your
Product. The packaging materials themselves will not be required to process your RMA.
If AMD, in its sole discretion, determines that the Product is not covered by this Limited Warranty, AMD will return or destroy the Product pursuant to your
election.
For information on how to install your AMD Radeon™ RX 6800 XT/AMD Radeon™ RX 6800 graphics card, view the Quick Start guide here:
www.AMD.com/RadeonUserManual
This Limited Warranty was last updated on November 18, 2020.

Even though you purchased the GPU card while in France from AMD Store you should still be covered by the AMD Warranty shown above. Since you didn't actually purchase the AMD GPU card from a EU Retailer the EU Consumer laws isn't in affect and shouldn't interfere with the AMD Warranty.

But I could be wrong about this part since I don't know how the EU Consumer laws deals with International Retail sales in EU countries.

So something else is going on that only AMD would know about that is causing the complications that  you are having. So this something between AMD Warranty and your purchase.

Sometimes a AMD Moderator, may at times, look into the Warranty issues of a User but doesn't get involved since it isn't part of their department.

[johnnyenglish]

Its a little bit tricky here in the EU.

If I purchase from a international seller but with a representation and transaction done in Portuguese soil, its obligated to follow Portuguese law.

Example: If I purchase from ASUS PT store, it needs to follow Portuguese Law. If I purchase from Amazon.es, then its Spanish law even if I did the purchase from my country. Then theres a set of EU general rules and country specific. So no, its not easy.

Another example, in Portugal, we have 3 year warranty minimum, I've sent an ASUS keyboard back after 2 years for repairs. Unfortunately, the model was discontinnued and they provided me with a replacement in 30 days.

[elstaci]

I do know that EU Consumer laws forces all EU Retailers to give their customers a 2 year Warranty on any product they sell in the EU.

But as you mentioned, there are both EU and individual European countries Consumer Laws that adds to the general EU Consumer laws.

So yeah it is tricky as you mentioned. But the OP is, assuming, a US Citizen that purchased a US Product from a US Retail Store so not sure if French or EU Consumer Laws applies or not. Since he bought the product while in France, I am assuming from his own PC not from a French Retailer, then the laws don't apply.

In your case if your a EU Citizen that purchased a product from AMD Store then you would be covered by EU Consumer laws and it various countries laws.

But if I am wrong let me know for future reference, I would appreciate it.

In the past, I spent literally hours on my PC reading up and becoming somewhat familiar with EU Consumer Laws in helping Users from EU that opened threads concerning Warranty issues, especially those in Great Britain. (-:  .

I wish US had something similar to the 3 year Portuguese Consumer law here in the USA.

But, in my opinion, that might end up as a side effect by Retailers or Manufacturers  jacking up prices on all Warrantied products to cover the cost of the 3 year Warranty law instead of a one year Warranty. just guessing though.

[johnnyenglish]

I'm not sure, but I got the impression that He bought while living in France, and since imports from US to France is quite expensive.  But, again, not sure whats the case exactly.

[Janic]

Just to clarify, I bought in France, but I am now leaving in Japan.

AMD keep saying they do not deliver in Japan, despite they office here in Tokyo. They actually only sell product from partner in Japan but no AMD genuine one.

In addition they gave a link which is automatically redirected to the  Japanese AMD website. So super useless. I ask to talk to the manager because the person I am talking too does not read entirely my email and does not understand what are the implication of the waranty contract.

[elstaci · Accepted solution]

So you purchase the AMD GPU card through AMD Store while living and working in France for your company.

Are you a US Citizen or EU Citizen?

You gave a French address for delivery of your GPU card and since you were forced to move to Japan due to company requirements you now have a Japanese address.

You contacted AMD Warranty and they said they will honor the AMD Warranty but the replacement must be sent to the original address which is in France and that they have no deliveries in Japan.

From my view that isn't AMD fault and you moving to a different country was out of your control. What I suggest is for AMD to deliver the replacement to the French address and have someone there pick it up, from your company,  for you and ship it to your new Japanese address.

[Janic · Accepted solution]

You got it all right. I am EU citizen indeed.

I ask to talk to a manager and we agreed to the solution you mentioned. AMD has prepared a DHL and they will pick up the GPU from to Japan to deliver it in NL for inspection. The delivery of the new GPU will be done to my parents place in France. From there I will manage to recover it by my own.

It took a bit of time at first, but the manager was way more responsive.

Thank all for your comments and support.