Råd tack!!! Duger den här felanmälan till Asus?
Skall något läggas till eller tas bort? Behöver hjälp då jag är en pushover i reklamationsfall......
My PC has been assembled for about 2 months and I was going to upgrade my motherboard, ASUS P5K-E WiFi AP, with the newest BIOS using ASUS Update. ASUS ftpservers were busy, so I downloaded the BIOS file from the Asus-homepage instead.
I instruct ASUS Update to update bios from a file and chose the .romfile I just downloaded. The program starts it’s cycle and the two first tasks (remove old BIOS and add new BIOS) went fine. Then it failed verification and said "click Retry to try again or click Exit to cancel". I had the slim hope that cancel actually meant cancel the flash, so I retried a couple times [which kept failing] and then hit Exit.
I rebooted. Now this is what happens whenever I turn on my machine: the power light and HDD light turn on, some of the fans start, after about 5 seconds, the machine powers down [power light off, fans and PSU fans turn off]. After a few seconds the machine turns back on and it all repeats until I turn the PSU switch off.
I have tried using the CrashFree BIOS 3 Utility [which the manual is very vague on], by having the Support CD, that came with MB, in the drive and having a USB stick with a newly downloaded .rom-file as the only file on it plugged into various USB ports on the back. But since the machine doesn’t even get through POST properly there is no way it can work.
I’ve tried to clear the CMOS as described in the manual (moving the jumper and removing the battery). I even tried having the battery removed overnight in case the time stated in the manual was a little to short.
Something is very wrong, when you read the manual, use the software included by the manufacturer, use ASUS Update, following instructions to the letter, and the result is BIOS so badly damaged that even the CrashFree BIOS-part wont work.
After looking in several different internet forums, including Asus own, I learned that I’m not the only one this has happened to. There are plenty of us and allegedly some people have been told by Asus technical staff not to use AsusUpdate and that they get at least a couple of motherboards every week damaged by AsusUpdate. That to me suggests that it is something wrong with my motherboard and/or AsusUpdate and I therefore should get my motherboard repaired or replaced at no cost of my own.
Since I was using the tools provided by Asus in the motherboard package, followed the manual to the letter, it must be a fault caused before I bought the motherboard, at the fabric for example.
My reseller “shg.biz” rejected my complaint, and claimed that they couldn’t do anything because I caused the fault myself, by flashing BIOS, which is considered “an alteration of the product” which is not covered in the warranty and the producer (Asus) wouldn’t accept this motherboard as defective, and sent my motherboard back to me with no action taken.
My argument is that the fault was pre-existing and that my flashing the BIOS isn’t the main issue, but simply helped to show a pre-existing error with the motherboard, that several other users have experienced and they have gotten their motherboards repaired or replaced, so why shouldn’t I. As one of the others put it, “the fault was already there, so no matter what I did or how careful I was, following the instructions in the manual, doing exactly everything right, it would fail anyway.”
According to Swedish consumer law, SFS 1990:932 § 20 a, (”Ett fel som visar sig inom sex månader efter det att varan avlämnades skall anses ha funnits vid avlämnandet, om inte annat visas eller detta är oförenligt med varans eller felets art.”)
Translation:
“A fault that appears within 6 months after the delivery or purchase of the product shall be considered as existing before the purchase/delivery of said product; UNLESS it can be shown otherwise, OR if it’s incompatible with the nature of the product or the fault.”
According to the law, the burden of proof lies with the producer/seller to show if the consumer has damaged the product intentionally or unintentionally by being careless, reckless or not following the instructions. If this can’t be proven the consumer has the right to get the product repaired, exchanged or repurchased and any expenses caused by the fault reimbursed. (Like postage, packing and such).
I’m hoping that direct contact with Asus will work better, and I’m sending this letter to shg.biz as well. If we can’t work out a satisfactory solution I will contact my consumer guide and take legal action.
