Petitioning for 970 Refund

My last card was a Gigabyte 7950 and lasted me a good couple of years, one of the best cards I've ever owned period. I've been leaning AMD since the 9800pro hit the market like a thousand tech years ago. This time around I snagged a 970 based on the research and results I found online, and in anticipation of the Witcher 3 coming out in February. The release date has now been moved to May, and is being developed largely around Nvidia hardware. This is a big deal to me because I've read the books, played the games and I plan on investing hundreds of hours into the final installment in the series.

I was initially upset by the reports of gimped memory and exaggerated shader capability, in all honesty I have a right to be having been mislead by false claims. Do I believe Nvidia intentionally mislead consumers? Yes. Should they be punished? Of course. Should users be entitled to a refund? I believe so, but I'm not sure I completely understand the full legality of the issue. Should AMD users be having a good laugh at our expense? Certainly. Am I going to seek a refund or exchange? Absolutely not.

Here is my reasoning. As many have stated, the benchmarks and reviews stand, no amount of AMD fanboyism (I count myself among them at times, so don't try it) can change that. You may have heard that the safest airline to fly the day after a crash is the same airline that had the crash. The logic is that the airline will be going above and beyond to avert another disaster and it's absolutely true. Two crashes would likely bankrupt the airline, not to mention the witch hunt that would ensue. I'm hoping the same logic applies here and it seems Nvidia is trying to remedy the memory issue through driver fixes, which would make an already stellar card even better, and give me more for my money than I had initially hoped.

The fact of the matter is that I've yet to encounter any performance drops when using above 3.5GB of RAM, and I've been playing some pretty memory intensive mods and games that have utilized the full 4GB capacity. No measurable drop in FPS, stutters or perceptible lag have occurred. And then there is this, what has occurred, my card mopping the floor with every card on the market except the 980. So while this whole mess is being sorted out and everyone is bickering and fighting, I'm playing the most recent titles at 1440p @ 60fps and not giving a crap. What's more is I'm expecting, and yes hoping, the card will soon be squeezing out even more potential as Nvidia hammers out the issues. While we may dispute the facts or the legality, you cannot deny me the experience I'm having and I cannot suddenly believe that the card I'm using isn't producing the results it's producing. I couldn't be happier that the card I purchased for $350 several months ago, that overclocked 200mhz core and 250mhz memory (MSI ftw) and is shredding frames like a boss.

The most recent argument that has been circulating around this thread is the "perceived loss of future potential". While this is an interesting point, one that I had to think about for a good minute, it certainly doesn't invalidate anything I've said up to this point and fails to put forth a compelling case against owning or buying this card. The 970's performance (relative to other current gpus) will be the same today as it is a year from now. Today's performance in games (which are both shader and memory intensive) are a clear indication of how the 970 will perform with future titles. If you think the 290 or 780 will magically start stomping the 970 in future titles down the road, you are not only misinformed, you're not thinking about the bigger picture. Most people who go out and a buy a $350-$400 card in the first few months of its release aren't the kind of people who hold onto a card for 3 years. Additionally, if you're telling me that the next round of AMD cards or Nvidia refreshes or whatever are going to be faster, then you might very well be the next divine prophet, of course they are going to be faster. It's all a moot point. As an end user, this is all working out in my favor and I'm content to let the forums burn and Nvidia get whatever they have coming to them, whether it be legal action or lost sales.
 
Point being? Intel could quite safely advertise their processors as having X MB of cache, where X is the sum of L1 + L2. In their spec sheets, they draw a useful but genuinely unnecessary distinction between L1 and L2 cache.
No Intel could not safely advertise their X MB of cache any longer and not specifically tell consumers that the cache was in 2 parts because it goes against accepted conventions. Intel hasn't ever done so because it is the normal convention that portions of the cache that are different in speed needs to be listed separately in the specifications. Your example is just another proof of my point that if taken to court, Nvidia would lose their case because as I said earlier, saying you have 4GB of RAM on the card means you have 4GB of ram running at the same speed when accessing the entire range unless specifically stated as otherwise. That is the convention for as long as I can remember. By not specifically telling the consumer that segmented memory information clearly on the box and on the specifications it is false advertising. Performance of the card being still good is irrelevant to the claim of false advertising. They did not give you 4GB of RAM, they gave you 3.5GB fast and 0.5GB slow that totals 4GB of RAM. By just placing 4GB of DDR5 on the box as it is now, it is reasonable that any consumer buying a 970 expected a single large 4GB chunk of ram accessible at full speed through out since there was nothing contradicting that expectation.
 
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But it isn't EVERY specification. Like I said in the previous post, that would mean that they could sell you a 10 year old card as long as it supported the features on the box and complied with those (few) specifications. It wouldn't even have to have a GM204 GPU on the PCB since it's not "on the box" either. That's the problem I have with the "on the box" argument :/

Yes, I realize from your posting over and over that you do not agree with my opinion.
 
But it isn't EVERY specification. Like I said in the previous post, that would mean that they could sell you a 10 year old card as long as it supported the features on the box and complied with those (few) specifications. It wouldn't even have to have a GM204 GPU on the PCB since it's not "on the box" either. That's the problem I have with the "on the box" argument :/

The crux of the "on the box" argument is that truth in advertising laws apply to advertising. ROPs and L2 were not advertised features or specifications, even though nvidia made that information available through other means which do not constitute advertising.

Yes, nvidia is free to sell you a ten-year old card as long as their advertising and box information don't say anything like "all new architecture" or whatever else. I think they still sell 210s which are dirt old.
 
What is interesting here, and I do think this has been mentioned in this thread previously, but I will make my statement on this fact as well.

I have worked with many of NVIDIA's and AMD's add-in-board partners over the past ~decade. I will tell you right now that the amount of VRAM stated on the box is a BIG DEAL when it comes to video card sales. I can very much see NVIDIA not wanting the official box spec to communicate 3.5GB instead of 4GB.
 
No Intel could not safely advertise their X MB of cache any longer and not specifically tell consumers that the cache was in 2 parts because it goes against accepted conventions. Intel hasn't ever done so because it is the normal convention that portions of the cache that are different in speed needs to be listed separately in the specifications. Your example is just another proof of my point that if taken to court, Nvidia would lose their case because as I said earlier, saying you have 4GB of RAM on the card means you have 4GB of ram running at the same speed when accessing the entire range unless specifically stated as otherwise. That is the convention for as long as I can remember. By not specifically telling the consumer that segmented memory information clearly on the box and on the specifications it is false advertising. Performance of the card being still good is irrelevant to the claim of false advertising. They did not give you 4GB of RAM, they gave you 3.5GB fast and 0.5GB slow that totals 4GB of RAM. By just placing 4GB of DDR5 on the box as it is now, it is reasonable that any consumer buying a 970 expected a single large 4GB chunk of ram accessible at full speed through out since there was nothing contradicting that expectation.

I know that I love to be pedantic but I just wanted to reiterate that the last memory chip does not have a slower interface and does not operate at a slower speed. Calling it "slow" is kind of dumbing down the issue. The only issue is that access is not in parallel with the other 7 chips. It is not obvious that the actual performance impact due to that lack of parallelism is significant.

Is this the only video card that has a segmented memory structure? I thought there was a Kepler card or two that was also designed this way?
 
The crux of the "on the box" argument is that truth in advertising laws apply to advertising.

How do you feel about the statement here which says an ad is deceptive if it contains a statement - or omits information - that:

Is likely to mislead consumers acting reasonably under the circumstances; and
Is "material" - that is, important to a consumer's decision to buy or use the product.

And Newegg declined my return :( Try #2 now
 
Just realize that any lawsuit against Nvidia will prove fruitless. They know they'll win in court which is why they are doing nothing. Remember, all they have to prove is that there is 4GB of usable memory on the card. Which, there is. There is 256 bit memory bus, as well as 224 GB/s combined memory throughput. All things they can easily prove. ROP's? Sorry, that's not listed in the published specifications. Not on the sites or the box.

The EU has a whole different set of rules which is why they are being offered refunds.
 
has anyone done any testing to see if different amounts of system ram affect perfornance once vram goes above 3.5gb. i notice everytime my 970 get to 3.5gb or more that my ram goes up to 12gb+ (16 total)
 
Soon, 4GB of DDR3 glued to the AIB for 8GB total ...
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Ok well Newegg has just told me to contact the manufacturer they will do nothing.

We would like to begin by thanking you for your patience while we investigated your inquiry regarding your NVIDIA product concerns. It is likely your product is under a replacement only return policy (No it was 30/30 thank you very much) making the product ineligible for a refund return. Because of this, we want you to know that we have spent significant time speaking with NVIDIA to better understand the confusion regarding the specs associated with the video card. NVIDIA has worked with the manufacturers and recommended that you contact the manufacturer directly to discuss this further. The manufacturers are aware of this recommendation and willing to take your call to discuss your concerns. Please see the manufacturer phone numbers below.
Additionally, we are including some information provided to us by NVIDIA that might be helpful. We are also including a couple of links to technical publications that you may trust that further discuss this topic.

Information Provided by NVIDIA
The GeForce GTX 970 is equipped with 4GB of dedicated graphics memory. However the 970 has a different configuration of SMs than the 980, and fewer crossbar resources to the memory system. To optimally manage memory traffic in this configuration, we segment graphics memory into a 3.5GB section and a 0.5GB section. The GPU has higher priority access to the 3.5GB section. When a game needs less than 3.5GB of video memory per draw command then it will only access the first partition, and 3rd party applications that measure memory usage will report 3.5GB of memory in use on GTX 970, but may report more for GTX 980 if there is more memory used by other commands. When a game requires more than 3.5GB of memory then we use both segments.
We understand there have been some questions about how the GTX 970 will perform when it accesses the 0.5GB memory segment. The best way to test that is to look at game performance. Compare a GTX 980 to a 970 on a game that uses less than 3.5GB. Then turn up the settings so the game needs more than 3.5GB and compare 980 and 970 performance again.
Here's an example of some performance data:

GTX980GTX970
Shadows of Mordor
<3.5GB setting = 2688x1512 Very High
>3.5GB setting = 3456x1944 72fps
55fps (-24%) 60fps
45fps (-25%)
Battlefield 4
<3.5GB setting = 3840x2160 2xMSAA
>3.5GB setting = 3840x2160 135% res 36fps
19fps (-47%) 30fps
15fps (-50%)
Call of Duty: Advanced Warfare
<3.5GB setting = 3840x2160 FSMAA T2x, Supersampling off
>3.5GB setting = 3840x2160 FSMAA T2x, Supersampling on 82fps
48fps (-41%) 71fps
40fps (-44%)

On GTX 980, Shadows of Mordor drops about 24% on GTX 980 and 25% on GTX 970, a 1% difference. On Battlefield 4, the drop is 47% on GTX 980 and 50% on GTX 970, a 3% difference. On CoD: AW, the drop is 41% on GTX 980 and 44% on GTX 970, a 3% difference. As you can see, there is very little change in the performance of the GTX 970 relative to GTX 980 on these games when it is using the 0.5GB segment.
Trusted Technical Publications
PC Perspective
http://www.pcper.com/reviews/Graphi...Full-Memory-Structure-and-Limitations-GTX-970
Tom's Hardware
http://www.tomshardware.com/news/nvidia-geforce-gtx-970-specifications,28464.html
Product Manufacturers
EVGA
Product Warranty Support
http://www.evga.com/support/warranty/
Support Phone Number:1-888-880-3842
ASUS
Online Customer Service
http://support.asus.com/ServiceHome.aspx?SLanguage=en
Support Phone Number:1-510-739-3777
Gidabyte
[email protected]
Support Phone Number:1-626-854-9338, #4 at the Menu
MSI
Online Customer Service
http://service.msicomputer.com/msi_user/support/customerservice.aspx
Support Phone Number:1-626-271-1004, Press 1
Zotac
[email protected]
Support Phone Number:1-909-594-4300
PNY
[email protected]
Support Phone Number:1-800-234-4597

We appreciate your attention to this matter. If you have any questions regarding the information provided in this email, please do not hesitate to contact Newegg Customer service through one of the convenient contact methods provided here.
Sincerely,
Newegg Customer Service


This was the return policy on the card:

VGA Standard Return Policy

Summary
Return for refund within: 30 days
Return for replacement within: 30 days
Detail
This is our Standard 30-Day Return Policy. Items covered by this policy (those products for which Newegg states "This item may be returned for a replacement or refund within 30 days only") must be returned to Newegg within 30 days of the invoice date for this policy to apply. &#8220;Return&#8221; constitutes receipt of the product by Newegg, and not the mere issuance of an RMA.

The following conditions are not acceptable for return, and will result in the merchandise you have returned to Newegg being returned to you:
Cards exhibiting physical damage
Cards that are missing the manufacturer label containing model number, part number or serial number
Cards that are missing the manufacturer warranty label
Cards returned without all included accessories, bonus games, and documentation
 
I'm not really blaming Newegg for this of course it's on Nvidia, but I thought NE may come through, but I guess not.
 
Other people have gotten the same from Amazon I've heard as well.

But honestly people, do you really expect the top end resellers to forward up and eat the costs due to nvidia's dimwitteness for tens of thousands of returns? :rolleyes: Thats like expecting the dealerships to take back your car and refund you because there was a incorrectly advertised engine spec from the manufacturer
 
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Well, ya know the wallet has a lot of power and if AMD delivers with the next round of cards I might just give them my money.:D
 
Newegg sent me the same thing. Called Gigabyte and they said that I would have to email them details of the purchase as they're just collecting information right now and waiting on word from NVIDIA. Looks like I'm going to have to RMA the one card giving me issues and resell it along with the other :(
 
§kynet;1041418062 said:
The specs are wrong, end of. Nvidia issues the correct ones, I asked if these will replace what is up there.
My point was that the stated width of the memory bus isn't incorrect. A full 256-bit bus physically connects the GPU to the video RAM.

"256 bit" and "4GB" are both accurate. Other specs (like the total amount of L2 cache / ROPs) are what are out of whack.
 
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Good luck. I'm throwing in the towel. Just got my RMA confirmation approved from Newegg to replace the defective 970 and will be throwing up my other card in FS/FT tonight if possible.
 
weird that Newegg is doing returns on a case-by-case basis...some people getting refunds, others not...those angry at Nvidia for the 970 debacle should redirect some of that anger Newegg's way...start a new protest :D
 
Just got my RMA confirmation approved from Newegg to replace the defective 970

Now this pisses me off.:mad: But, I also don't want to spend another $200 on a 980 even if they gave me a refund. I'll
just wait for AMD. The 970 is fine until then. I'm done.
 
Why's it piss you off? I bought it 2 weeks ago and it doesn't perform at stock settings so I'm getting it replaced with one that does. PITA but at least whoever I resell it to doesn't have to go through the RMA process.
 
Maybe they are not taking them back because there is nothing wrong.... just a thought....

First off, I do not own a 970, but this post really bothers me.

It has been proven that the specs NVidia released on launch day are not the actual specs of the 970.

This is why some people are trying to bring the cards back.

Personally, if I bought a 970, then found out the card specs are not as advertised. I would feel cheated and would be looking for a re-fund as well.

I'm well aware the performance of the card has not changed sense the 970 showed up, but to be me that doesn't matter. A company lied to the people who made them what it is today, which is one of, if not the top graphics card manufactures.
 
What? No. I thought it was OK in SLI but when I changed from Adaptive to On/Smooth, I started getting crashes like crazy. It was due to being unstable at stock settings:

I started off playing with MSI Afterburner to get voltages consistent because I thought that was the issue but still had crashing when I got them equal to each other. Next, I forced 1.275v for each card with Maxwell Bios Tweaker/NVFlash and did more testing and had more crashing. Was saying to myself "WHAT THE !@#$ this was stable at +170/+350 just last week" until I realized I changed the setting in NVIDIA Control Panel. When I changed VSYNC back to Adaptive, +170/+350 was stable for me. If I set it to "Off" or "On", unstable. Tested both cards and the Samsung VRAM one did 1575/8000 stable with stock BIOS (voltage maxed in AB which isn't that high for stock BIOS) and the Hynix VRAM one couldn't even do stock. The card would start exhibiting artifacts within 3 minutes in Unigine Valley. So because of all these issues I've been experiencing, I'm fed up and selling the cards but obviously I'm not going to resell one that artifacts at stock... not trying to ruin my perfect Heat.
 
Why's it piss you off? I bought it 2 weeks ago and it doesn't perform at stock settings so I'm getting it replaced with one that does.

Didn't know you'd just bought them. My apologies.
 
Nah, it's the voltage discrepancy bug in the 900 series where you have to set a single card to like +30 core (compared to the other one) for the voltages to even out. Some people say forget doing it via software and just do it via the BIOS. Cards can take like 1.3v IIRC.

Also, I was playing around with KVM/QEMU and VFIO about a week ago and had to modify a parameter for launching my VM because NVIDIA made a "fix" for Hyper-V which ends up detecting KVM and disabling the driver. You can read about it in my post here: http://hardforum.com/showthread.php?t=1851084#6 Think I'm just gonna buy a single 290X Lightning and go back to Arch so I can virtualize Windows again.

Edit: Both cards are under water btw so they can handle the volts. Never got past 45c in Valley.
 
Maybe a bit OT, but on the subject of lawsuits...

My company handled 5 legal challenges this past year, and won every single one of them (we were the defendant in every case). But do you know how much the legal proceedings summed up to be? $40 million. Forty freaking million dollars. Granted I'm talking about patent litigation here, but it gives you an idea of the costs involved.

Litigation is expensive regardless of the outcome.
 
Glad I skipped this generation after the initial hype. Avoiding this whole mess has saved me a lot of heartache.
 
Litigation is expensive regardless of the outcome.

Well I agree there, I do think that if a lawsuit was presented there would be a good chance Nvidia would lose, but as others have said, ultimately it would be useless to the end user. The only ones who would actually win are the lawyers. So if we hypothetically did have a class action and won, I would almost guarantee that it would be settled out of court and we'd all at best get a check for $10 after the lawyers divvy up the settlement lol.
 
Oh no doubt about that. Just saying legal expenses are no joke even for large companies. I mean hell my company generated almost 6 times as much revenue as nVidia last year, and in my field patent litigation is par for the course, so it's all been budgeted. But knowing that legal fees equaled half of the entire research operations budget of all research departments COMBINED was still pretty eye opening.
 
It would just cost us more money in the end as they would ultimately tack on any legal fees to the costs of new graphics cards.
 
I've been corresponding with a forum member via PM about our experience with Newegg and their willingness to accept returns on these. Like others, I received the note yesterday from them stating their official position denying returns on these products. I, like some (apparently it's completely YMMV), had previously spoken to a CSR rep that allowed me a one-time exception on my two cards for a *store-credit only* return. To the unlucky folks that were not granted this exception, and are very motivated to divest themselves of this card, you might try the following:

1. Collect all the information you can find documenting that the products were sold with incorrect specs. Info on the EU ruling that all EU consumers have the right to return these cards would probably be helpful. Even the email from Newegg admits the specifications on the cards that shipped were not as disclosed prior to the point of sale (albeit in a roundabout way)

2. Call (not email or web chat) Newegg and ask to speak with a manager. State that the card(s) were sold with incorrect specs and that you did not receive what was paid for, that you're requesting a one-time policy exception to return it for store credit only (this is likely the best you're going to do at this point), and that your cards are in perfect condition with all original accessories (assuming you have them). Be polite and do not get into detail about specific issues with RAM/ROPs/etc unless they ask for them. If they still say no, tell them that you'll be contacting your credit card company to initiate a chargeback, since you have not received the product that you purchased.

3. If Newegg still refuses, contact the credit card company and initiate the chargeback. Honestly, with all the evidence available, I think we all have a pretty good leg to stand on, but this is probably YMMV. Have the information you prepared ready to go for when they request all the details of your case.

Note that I'm not an attorney, and obviously none of this guarantees results. Sadly, given the release of the email yesterday, I would say that odds of success by simply negotiating with Newegg has probably declined. But I wanted to post to let folks know that you don't have to simply give up with the release of this latest email from Newegg. Nvidia is ultimately to blame, and I understand many folks would defend Newegg, but keep in mind that *they*, not Nvidia, received your money. You (in effect) have a sales contract with them, NOT Nvidia. It's *Newegg's* responsibility to seek remuneration from Nvidia/board partners if that is ultimately where the culpability lies.

One other thought - if you bought your GPU with an Amex, you should have the option of their return policy protection. I have not used this benefit, but they claim they will refund up to $300 (max $1000 per year total) of the purchase price of any good that a seller refuses to accept a return for, up to 90 days from date of purchase. They do not pay for return shipping, but you'd have to deal with this anyway if you returned it to Newegg. This won't get you the full purchase price, but you're probably going to do better this way than going with ebay route.

Best of luck to all still trying to work through this.
 
Im posting this just to keep this derailment going. I figure you all will have nothing but horrible things to say about it. Anyway, where it goes.

Evolve maxed out on 970. VRAM allocation: Started out at 3606Mb and ended around 3721Mb at end of most matches.

Guess what! No stutter, slow downs, butter smooth and its using the second pool. Using the latest Evolve drivers, might be the reason why it runs so good, but who gives a f*ck. The card is using the second pool in this game and its smooth as hell. All of you saying Nvidia won't fix this in driver updates or the second pool is going to cripple anything that uses it need to calm down...

Off my soapbox :)
 
Prob just storing things in thst last partition and it's not actively runing like the first pool is.

Personally I'm returning my 970 hopefully tomorrow and grabbing a 980 if the wife is fine with it. Better off in the long run I feel no doubt, game and resale wise over the 970.

Edit.. forgot to add going 980 cause my local microcenter dont have any good 290x in stock. If they had the msi lightning, I'd be all over it.
 
Personally I'm returning my 970 hopefully tomorrow and grabbing a 980 if the wife is fine with it. Better off in the long run I feel no doubt, game and resale wise over the 970.

Resale value isn't going to be much different. When a GTX970 is old and losing value, the 980 will be too. People aren't going to spend another $200 to get a used 980 over a 970 for a small performance gain. Just like right now no one pays a huge premium to get a used 670 over a 660, even though the 670 is faster.
 
Prob just storing things in thst last partition and it's not actively runing like the first pool is.

Seems like when people aren't experiencing issues the explanation is that both memory segments aren't being used. When people have issues it's "proof" that both memory segments are in use.

If frames are consistently being built from data stored in both memory segments, then you won't experience stutter. If there is any performance impact in such a case it would present itself as modestly depressed average frame rates.

If every x number of frames required data from the second segment, and if there was an appreciable performance impact from accessing that segment, then there could be some stutter. The extent of which would probably be negligible. It would really depend on just what percentage of a frame render time is spent pulling data from memory vs. the time spent generating the frame on the GPU and all the other functions required to push it to the display.
 
Resale value isn't going to be much different. When a GTX970 is old and losing value, the 980 will be too. People aren't going to spend another $200 to get a used 980 over a 970 for a small performance gain. Just like right now no one pays a huge premium to get a used 670 over a 660, even though the 670 is faster.

I'm to a point that do most of you even know what your talking about anymore? The 780 Ti as an example has sold in the $399-$415 range used as of today. That's a pretty good value considering how old the card is. The 660 or 670 are a bad example considering we had 700 series cards and on to 900 series. When people talk about resale value they mean dumping their 970s when the next set of cards release these will lose value for sure due to the gimped ram faster than selling a 770 to jump to a 970 or 980 at their launch last Fall. I bought my 770 for $420 on release, sold it a few weeks after the 970s released for $300. Do you think the 970 will hold value like that in the long run?
 
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