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ES AW <resolved> - Page 5

post #81 of 314
I wouldn't keep the piece of sh&^. Your going to have to involve the law and CC company (if you used one) if they keep dicking you around. After as many attempts as you have given them, a full replacement or complete refund would be the only acceptable terms for me. Unfortunately, this is the weekend and we won't know anything until Monday (hopefully).

g'luck
post #82 of 314
I would think that if you accept shipment then you may be stuck with the PC. If you are serious about a refund or nothing (and I think you are) then I would not accept the shipment.

I hope everything goes well for you. This really sucks.

-Mark
post #83 of 314

Has anyone noticed anything here?

Correct me if I am wrong but...

Have we seen one response here from an AW-person? Usually the AW boys would be on this like within a page or so. This is a telling absence if it is so. I am disappointed with the lack of response, even if was just to acknowledge that this thread has validity or to dispute it.

I am very disppointed with the way this has been handled, both privately with E-S and publically with us here.

Finally, I will say this: I am still an AW-supporter, and I will still recommend that anyone purchase one...but not with as fervently as before. My treatment by Alienware has been and continues to be above reproach. It's just a shame that my experience was not what E-S experienced. It was truly the flip-side of mine.
post #84 of 314
ES, don't sign for it - tell the driver that you did not order it. Make sure he doesn't leave the box on your driveway or get the neighbours to sign for it (sometimes courier can leave it next door) Tell the other residents in your home not to sign for it (just in case wife answers it)
post #85 of 314
[me: peeks at db's ass] I agree with Mark: no way would I accept the shipment, as it would probably be considered a tacit agreement with their remedy and would seriously diminish any chances you have for an alternate solution.
I wish you the best of luck in obtaining a favorable outcome, and I wish you didn't have to go through such a frustrating experience.
post #86 of 314
Nobody ever wants to peek at MY ass...
post #87 of 314
Quote:
Originally Posted by redphyve
Nobody ever wants to peek at MY ass...
Wasn't there somebody here that would have done that but he got banned

As far as your comment on the lack of AW guys speaking up, I attributed that to the fact that this is an AW Europe problem....not sure though.

-Mark
post #88 of 314
Well, it's an AW Europe issue, but it also came up on the weekend. AW does monitor these forums on occasion during normal business hours, but to expect a representative to jump into this situation with the level of anger including physical and legal threats without talking this over with their legal staff and the powers that be at AW would be irresponsible.

AW has been in contact with ES, as this is an issue between them and him that doesn't involve this forum. I suspect AW will eventually address this situation in some form here, but it doesn't help anyone to comment without authority, nor does it help anyone to escalate the war of words.

I'm also sure that due to the level of anger including threats of visiting their facilities for a punch up, and legal threats that they're going to be cautious with their public and private responses. I've never seen an AW representative discuss details of any customers situation, even in cases where the full story would exonerate AW from the claims of the poster. I'm not saying this is the case here, but AW has always been professional in dealing with their customers in public and don't disclose private details of any customers issues.

I'm very disappointed that this has escalated to the point of legal threats, as when that happens nobody wins but the lawyers. Technically, the warranty states that after a reasonable amount of attempts to repair, a new machine or full refund is in order. However, I doubt that any court would find that two attempts would meet the standard of reasonable amount of attempts as AW has performed substantial repairs in good faith. In the state of Washington, the lemon law requires five attempts at repair before the law kicks in. It's apparent that AW is trying to address the concerns of ES, and that's all that will matter to the court at this stage.

I also don't think the court will recognize the deadlines ES set for Alienware to respond, as they're arbitrary and not based on any contractual obligation. Demanding a response in a day from any large company, especially when demanding a full refund accompanied by threats, both physical and legal will likely hurt ES, not help his case.

In regards to signing for the machine, I don't believe the situation is the same as if it were a new machine, damaged, or the wrong shipment. When you buy something new, it hasn't been delivered legally until you accept shipment. However, when it comes to sending your machine to AW for repair, I believe AW is liable for it while in their possession for damage caused due to irresponsible care, but the machine is still considered ES's property. If he refuses to sign for it, AW won't necessarily be responsible for it from that point forward if it goes missing. I'm not sure AW will even have responsibility to show due care for it after refusal to sign, as AW did fulfill their warranty obligations, and attempt to return it.

I don't want anyone to misconstrue this post as me attacking ES, or defending AW as that's not my intent. I've dealt with the courts in the US anyway, and this opinion is the result of my experience.

I think the shipping promises that ended up costing ES money due to lost wages will be considered a separate issue by the courts, and you might be able to pursue that separately, but it will be extenuating circumstances at the most for consideration as to whether AW has met their contractual obligations or not in this case.

I hate to say it, but I think a third attempt at repair will be considered reasonable by the court. At this point I'd accept the machine and go over it with a fine toothed comb. I'd also send a registered letter through my attorney to AW explaining my frustration, asking for some reasonable compensation, and clearly stating that if there are any other issues I would expect a full refund.

It's unfortunate that this situation escalated to this point, as I've seen cases like this end with both parties satisfied. But if both parties aren't willing to continue to work on the problem, the only solution is expensive litigation.

I'm sure Alienware will continue to try to address ES's concerns, but I think it's unlikely that AW will address these issues in public, or with anyone other than the customer. Though we'd all like to see them respond, anything substantive would be unprofessional as the client's information is confidential. It's unfortunate that it's unlikely that ES can be satisfied at this point, as we've seen several cases of problem machines get resolved to the point that even with the problems the customer ends up recommending AW to others.

I understand ES's position and I can't say I'd feel any different, but I think the courts will think refusing to accept a third attempt at repair that included substantial hardware replacement will be unreasonable.
post #89 of 314
Thanks Hammer

That clarifies a lot for me...my reaction is just...I dunno...
post #90 of 314
Quote:
Originally Posted by redphyve
Thanks Hammer

That clarifies a lot for me...my reaction is just...I dunno...
I know, it's upsetting when someone has such a frustrating experience. We all wanted ES to have a much better ride. This whole gaming computer thing for some reason causes a lot of emotion, so I understand what ES said about his stomach ache due to being upset.

I identify with ES because I think I'm also pretty tolerant to a point, then once I've had enough, I've had enough. I can handle errors, but I have a very short fuse when it comes to people that lie to me. I'd probably be angrier if I were ES about the promises the computer would ship, then it not shipping, than I would be about the hardware failures he's experienced, though he's rightly concerned about the rest of his hardware being damaged by the bad psu.

I spent way too much time in my life dealing with courts addressing people that lied to me and broke the law affecting my business drastically (nearly a decade of litigation), but in hindsight I wasted a lot of time and energy dealing with the aggravation and stress dealing with lawyers and liars and local politicians. I ended up getting reimbursed for most of the financial part through winning a couple cases, and settling the others, but looking back now, I think dealing with the courts is like pounding sand up your own ass. It's unpleasant, and it hurts, but once you start, you just can't stop. (I have no friggin idea what that means)

I wish this was a different situation of course, I'm sure most of us here, including ES and AW would agree with that sentiment, but the way the lines are being drawn, there doesn't seem to be much room anymore for compromise.

I don't think getting solicitors involved is really in anyone's best interest though, they just bluster away while your wallet gets thinner and thinner.
post #91 of 314
Thread Starter 
Ok, I will admit that when I came off the phone with them yesterday that i was high and maybe said stuff that i didnt mean, but its getting to me, also the fact that the pc has been shipped when the email i got said they wont ship it til I decide whether I would like to (buy, they didnt say buy, but thats what the email meant, i can show you all or quote from it, which i think would be better than showing as they have some legal crap on there emails, which shouldnt really matter as i entered no such agreement with them to not show emails, as the only agrement i entered with them was to buy a pc.) decide on whether upgrades or not, if not they could ship as soon as testing was complete, well thats the way I take it anyway.

I never gave them an answer to that, so for it to ship is crazy, also this hasnt been just a few days, I have been in contact via email with them for 2 weeks and they knew my intentions from the start.

I sincerly believe that they shipped the pc knowing fullwell that I never gave them an answer tho they tried to sneak it to me hopeing that I would just shutup and accept it.

The deadline, was for a reply, not for anything else, there was no reply, so do you think that a company that doesnt reply to upset customers is justified in doing so ?

Also European law is way way different than usa law, European law states, if its faulty within 6 months then you are entitled to your money back no matter what, if that is what you would like and after 6 months then you have to give them a chance to repair or replace, well I have given them that chance, I could of accepted the motherboard being bust only, but when he told me about the videocard aswell, which incidentally, wasnt broke when I sent the pc to them to be fixed the previous time, as soon as it came back and I booted the pc, it was broke, so the damage was caused at the work place or on route, on route unlikely as the box wasnt damaged.

When I say it was damaged with them, I mean when they were testing the old psu and diagnosing the problem, thats probably when it happened I dunno.
But it sure didnt do the crap when I had it, that it did when I got it back.

Also the money I lost when it was mean to be shipped, well that is written off and will not be pursued in anyway shape or form, as it was only just over £200 and can easily be replaced.

You are correct, about legal services costing money, but since its only a consumer case, it will not cost £3000, so even if it costs £1500 I will still probably win, as European/Uk law is more favourable to the consumer than it is to the company, I would think its the reverse in the states, and no way does anyone need to go through 5 repairs/replacements for a lemon law to kick in, over here 1 or 2 times is sufficient.

Also check this out, its a software problem and look what they did for this guy.

http://www.notebookforums.com/showthread.php?t=128699

a software problem most likely, and not a hardware fault in sight, and atleast they had the decency to reply to him...

there so called 200 point testing/inspection has failed to give me a working machine thus far, so why should i believe it now.

Also hammer, i am like you, it takes me ages to get pissed off, but once that button is pushed, that be it.

one more thing, when i first got the pc, it was damaged, as I would keep getting many many problems with it before the motherboard did die, so it wasnt like it was working for 1-2 weeks then mobo died, it was damaged from the very first day, but it took the mobo roughly 1 and a half weeks to die. If i can recall correctly, the very first time i booted the machine from new, it said, the pc has recovered from a serious error, now that could of easily been software but now i suspect it was hardware that caused that.

So i never ever have had a working pc from them, thus any obligation on my part to keep getting it repaired is pointless.

The very very last thing I want to do is contact my solicitor, but if there phonecall on moday, if I do get one that is, doesnt bring this to a satisfactory conclusion then first thing on tuesday morning I will be in touch will legal services.

I have never ever ever had to do anything like this in my entire life before, this just totally and utterly astounds me.
Maybe I should take a lesson from the americans, if in doubt, SUE.

Also, AW reps have been on the nbf boards while this thread has been up, even if it is a European issue, not one of them did post or even pmed me saying we notice your problem and will be contatcing you to figure it out and I eventually had to pm raul, after all the pm's I got from people telling me to do so, but this was after 1-2 days of the thread being up.

I pmed him roughly 17.00 gmt on friday, and got a reply saying he has contacted UK people, but even tho AW are open saturday to which i forgot, I still never got a reply.

after saying all that, I would still miss the thing, as it did look nice, and I am just peeved that AW didnt turn out to be the best, well not in my eyes anyway.
I maybe expected too much from AW, but i thought that when buying AW, you were buying the very best that there was and as such would always be the companys main focus, i.e. the company takes care of the customer, and not 6 months later.

1 last thing, no threats of violence were made to AW directly, this is not an official AW forum, so it does not mean that I threatened them, like if i phoned them and said it or said it in an email to them, it was said in the heat of the moment thus any court in the land or person can see that. If i emailed or phoned them and did it, then i wouldnt even deserve to get my cash or pc back and i would agree with them, On this forum, i am amongst buddies, i say what i feel at the time as you all know, if everything that was said on this forum that was litigious and was acted on, this forum would cease to exist sharpish.

I looked for a smillie to add somehwere, but there just isnt a smillie in the list that can really mean what I wanna say. that one will have to do.
post #92 of 314
Thread Starter 
Well, the pc has been delivered but i refused to accept delivery of it.

I phoned AW and they said we will have to get back to you, we are looking into it.

the saga continues !!!
post #93 of 314
Thread Starter 
well they just phoned, and there stance is, that they will replace the system with exactly the same spec of system but with new components but with 0 compensation, which doesnt bother me, they are stuck fast on no refund, so as of this moment in time, there is no other recourse but to take legal action.

let it be known, i do not want any type of upgrade from AW, I do not want a single thing from Aw except my money. no way on earth would i except an exact same pc 6 months later after its been faulty from day 1.

they are firmly saying there will not be anything except a replacement pc. so it has left me no choice but to continue to take legal action.

the name of this thread says it all. GAYlienWare never ever again, forcing me to do shit i do not want to do and have never ever done in my life before.

Even if they offered me 2 pc's with fx60 and sli 7800 512s or 79gtx, i would not take it now(well i probably would, its just me be stubborn saying that), as, as i said before, i have absolutely NO faith in AW uk now, after that magic performance from there customer service, also the dude still hasnt replied to any of my emails. I guess he hasnt got the balls to do it now, thats probably why he got a lady to phone.

thats award winning customer service for ya
post #94 of 314
ES I wouldn't accept it (the "new" one) and it's good that you're standing firm. If there's anything wrong with the new one (I know of a company - not alienware- that will give you all refurbed items just to spite in your situation) they could just give you runaround when you phone up to complain it's blown up again. You won't have any legal recourse at all. It really says there is to say, you were given a lemon (not just not one failure but several) It's not fit for use, and you shouldn't have to expect it to be repaired every month. You should be given 100% refund, and don't take any BS about admin/restocking fee.
post #95 of 314
Thread Starter 
As i say, i still think there PC's are cool, and are just as trouble prone as any other pc maker, there is no AW pc's break more than any other makers pc's crap being said from my mouth.

If anyone asked me an opinion on AW i would say, yes they make good pc's, yes they are expensive, yes they are amongst the most poewerful pc's to be had, and yes they look cool, but i will also say, there customer service is crap and often tell you one thing one day and another thing the next day, thus lie to you.

I will also tell them about my experience, but i would not say to anyone, never ever buy an AW as this WILL happen to you, as i would be lieing, so inspite of my situation, i will not go out of my way to tell every living soul to not buy an AW pc, as i couldnt careless what people spend there money on.

if someone asked, i would tell them the facts about AW pc's and what regulars on here have to say about them, and also tell them my unfortunate experience, which is very unlikely to happen to the majority of AW buyers.

but the situation i find myself in, has left somewhat of a bad taste in my mouth.

Also bob, i am very appreaciative of your advice on certain aspects, if you are from the uk, and know anymore consumer stuff, then pm me with some knowledge as it will be most welcome.

cheers
post #96 of 314
I really can't believe that they are trying to rebuild your computer against your will. To be honest, faulty goods is faulty goods and as far as I know, you are very much in your right to have a refund.

Why is alienware-UK trying to hold onto such an unsatisfied customer, when clearly they haven't given you any incentive to carry on working with them.
It just seems the only reason they don't want to give you a refund is because it would work out cheaper than the labour time, which to me is just appalling.

I think you are very much in your right to take legal action, because what Alienware is doing is just getting ridiculous.
post #97 of 314
Did they want to send you a completly new system of the same specs? I would think that if they did that AND if they restarted your warranty from the time you took delivery of the new system then that might be a good way to go, wouldn't it? I mean you'll have your system, hopefully a good one, they will probably pay extra attention to it as it is being built, based on your problems, and if there are any problems with it then you could deal with it later. Just a suggestion, it would save you alot of trouble of fighting them in court if it comes to that.

Well either way, I really hope it ends well for you

-Mark
post #98 of 314
my 2c....actually, 0.5p as I think the exchange rate is now...lol.

If this were me, and the system was guaranteed to be 100% new from the MB up to and including all peripherals plus a new warranty...I would probably be inclined to accept. Because imho, you would be starting from fresh as a new customer etc etc.

But from your point of view, I can understand the frustration at what has transpired, too much water has flowed under the bridge so...as always it's your decision.

If anything, if I could, I would try to persuade you to accept the new machine if it came all-new and fully warrantied and guaranteed to be new,as it seems to be a reasonable compromise between the two of you.

But as always, you are the one who will make the final decision.

Good luck bud!
post #99 of 314
Thread Starter 
well, they were only going to rebuild pc with new parts, but who is to say that it wouldnt of just been the parts that were in it now ?

also, i didnt want it rebuilt, as i stated, it has been faulty since day 1, I have phoned lots and lots of times about various problems within the time i have had the pc, and i was told, there is nothing wrong with the psu, and it was just bad monitoring software and they wouldnt take it back to check out, as it looked as tho everythinbg was working.

I still have those pms emails etc.

I think, that to buy a pc now and begin to use it without any hardware faults 6 months later is crazy, as the hardware i had was basically the best with the exception of the 4400, which could of been the 4800.

the bottom line is, 6 months is too long for anyone to put up with a bust pc and for them to continually miss severe problems with there 200 point inspection is just BAD WORKMANSHIP on there part or as i stated in an earlier post, a BAD ATTITUDE towards the work, I knew from say day 3 onwards that the psu was giving out dodgy power, why couldnt they notice it with there fancy equipment ?

There is no way i wanted a rebuilt pc, I would of accepted one when the pc was with them last time, but the very last straw was being told one or both my vid cards was damaged, as that was done at there place.
post #100 of 314
Understood...some of the things you had mentioned had slipped my mind...I'd have to agree with you...your initial diagnoses were correct.
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