Was I ripped off - or did I break it.

[DynaOne]

Some of you may remember my rants a few months ago, when I ordered a 2nd CPU (PIII 800) for my dual-processor capable serverworks mb. I ordered it from UpgradePlanet (as Anandtech had it at the best price), but unfortunately got the OEM package. I admit I had some trouble getting the heatsink on - and it never worked. I swapped with the working cpu - still nothing. Remind you - no OC'ing - nothing.

Finally - I returned it - and they refused to accept it saying I had damaged it. I could find no recourse.

Tonight - I (perhaps foolishly), tried again as the cpu's were another $50 lower, but this time got the Intel box with 3 year warranty (and not from UpgradePlanet). I again struggled to get the thing in (about the same as the first time), but it came up humming. Upgrade my Bios, tell W2k I have 2 processors, and now I'm in business.

My question is - do you believe I broke that original cpu, or was I taken??
DynaOne

 

[DynaOne]

Patrick - you still out there - you had a lot of opinions when this first happened.
Anyone? Right now I think its 50/50 - but curious if anyone else had this kind of experience with cpu vendors.
DynaOne

 

[TunaBoo]

See any physical damage? Intel CPU's are had to crack unless u like HIT it with a hammer.

 

[DeepBlue]

I think that it all depends on how you handled the chip. If you weren't careful about static then I would have to say it was probably your fault. But if you were extra careful and had on one of those static wrist straps I would have to say it is a defective chip and you got ripped off. It wasn't a P3 Xeon was it?

 

[homeskillet]

i highly doubt you have cracked or damaged the cpu. amd chips are much more fragile than intel and even careful newbies will have no problem installing an amd chip.

upgradeplanet is being really unfair to you. they have no way to know that you caused the damage, it could have been shipping or a ton of other things. i would not let them roll over you so easily, get on the phone with them and see if AMD will rma your cpu for you.

well i know not to order from upgradeplanet. good luck !

 

[TunaBoo]

I work at a comp store. When this happens, we offter to either scan and send the customer a pic of their damaged CPU or send the actualy CPU back to them so they can see for themselves. (We mak them pay shippping back tho)

 

[T2T III]

<< get on the phone with them and see if AMD will rma your cpu for you. >>


Hmmm... will AMD take back a Intel PIII 800 MHz chip? I guess this was a typo.

 

[jamarno]

If you ordered the retail version but an OEM chip was delivered, Upgrade Planet didn't fulfill the contract (I'm no lawyer), and something like this can always be reversed through the credit card. And if you don't see damage, the only realistic possibility is static electricity, whicn nobody can prove. I don't like to buy OEM CPUs because they're handled more by the dealers than the retail CPUs are, including being subjected to static.

 

[LarryJoe]

Lesson learned - only buy retail cpu's. If you had gone retail, then you would be dealing directly with Intel. Not trying to run salt in the wound here.

Call your credit card company and have the charge reversed. Most credit card companies consider small internet companies not credible and should charge them back no questions asked. Just make sure you send the damaged CPU back for good with a letter of your intentions.

Good luck,

LJ

 

[DynaOne]

Larry,
You are right - my main reason for the post was so that hopefully someone won't make the same mistake.
DynaOne

 

[TunaBoo]

<< Lesson learned - only buy retail cpu's. If you had gone retail, then you would be dealing directly with Intel. Not trying to run salt in the wound here.

Call your credit card company and have the charge reversed. Most credit card companies consider small internet companies not credible and should charge them back no questions asked. Just make sure you send the damaged CPU back for good with a letter of your intentions.

Good luck,

LJ >>



I work at a small internet company. Sure the CC companies send us chargebacks for various things. We refute the charge, and explain what kind of crap the customer tried to pull, and show them a copy of the contract they signed. I have yet to see one of these chargebacks win.

Not trying to tell orig. poster that he pulled crap. He may very well have a legit claim. I am refering to the people who try to pull crap on me

 

[DynaOne]

Tuna is right. The contracts posted on the web pages for most of these outfits really restrict your rights - the analysis of the damage is in the hands of the seller. If I was certain that I had not damaged the part I would dispute it - but I'm not. The fact that I have had my orginal cpu in and out several times, as well as successfully installing an new retail boxed cpu tells me that there is at least a pretty good chance that I did not damage it.
DynaOne

 

[TunaBoo]

<< Tuna is right. The contracts posted on the web pages for most of these outfits really restrict your rights - the analysis of the damage is in the hands of the seller. If I was certain that I had not damaged the part I would dispute it - but I'm not. The fact that I have had my orginal cpu in and out several times, as well as successfully installing an new retail boxed cpu tells me that there is at least a pretty good chance that I did not damage it.
DynaOne >>



If you have a friend who is a lawyer, have them write a note and hint at a lawsuit. Dont go to one and pay money for one, but if you have a hook up...

Lawyer means you are SERIOUS. It will get the owners attention. Following through would be kinda gay, but ya know, empty threat power?



On the topic of CC chargebacks, do these have a privacy contract of some sort? We got one the other day, you guys would die laughing if you saw it. Every word was spelled wrong, and the handwriting makes MINE look good (mine sucks as does my spelling).

 

[j@cko]

if you are referring to the PCResources, he's the a hisotry.. he's just a wanna-be person... he's opinion is no good.

 

[LarryJoe]

DynaOne - it really does not sound like you damaged the CPU and from what I read, I don't think you think you did either. It is really hard to damage an Intel CPU for a newbie and you know what you are doing.

Obviously it is up to you whether you want to just eat the cost or pursue getting your money back. Now, a good credit card company will stand by you. Mine has in the past. It they sent you a defective product and won't replace it or give you your money back, then they are not holding up their part of the agreement. Any credit card company will reverse the charge immediately and then investigate. You never know, they may not dispute the charge back.

BUT, as the title says - &quot;Was I ripped off - or did I break it&quot; - only you can answer that. If there is any doubt, let them prove it. See the trouble is that the company you are dealing with has no recourse. They are probably not an authorized reseller and they have no one to send it back to.

Good luck,

LJ

 

[jamarno]

If you complain to the card issuer by phone but don't get the charge reversed, write a letter within 60 days of the first statement on which the charge appears. Otherwise you could lose your rights under credit card law.

Credit card complaints don't cover everything, such as damage done by the customer, but the merchant is responsible for delivering the correct merchandise in good condition, although an &quot;as-is&quot; clause can waive any claims about the condition. But some states don't allow &quot;as-is&quot; sales, and &quot;all sales final&quot; is not the same thing; it just means that the customer isn't owed a refund or exchange upon request.

If you buy something and damage it, look into the insurance coverage provided by the credit card. Amex and gold and platinum Visa and Mastercard provide this.

 

[DynaOne]

Thanks JA,
I hadn't thought of the insurance angle.
DynaOne

 

[LordSandMan]

<< if you are referring to the PCResources, he's the a hisotry.. he's just a wanna-be person... he's opinion is no good. >>



Careful J@cko, Alot of people have quite a bit of respect for Patrick. Unless he's done something I haven't heard about, please educate me. Patrick has helped me out quite a bit, and seems to be very knowledgable.

 

[randypj]

LarryJoe--Again.....excellent advice about the dispute.

DynaOne--IMO, also, you did not damage the cpu.

jamarno--Good point about the insurance and time frame.

IME, if the complaint is legit, and you make your case rather eloquently, and tell the company that you will dispute it with the cc company if you do not receive satisfaction, most companies will allow the return. Remember, you are the cc company's customer; the vendor is not.

I normally give the company a chance via email. Then, copy them with my letter of dispute to my cc. BTW, I have also disputed an item via my cc company, while I have been in negotiations with the vendor about the disputed item. I told the cc company that I was attempting to resolve it with the vendor, but I wanted to dispute the item pending resolution, so as to preserve my rights per the 60 days from date of statement. AND BE SURE TO HAVE EVERYTHING IN WRITING, and send the letter to your cc company via certified mail.

The last time I had to threaten to dispute something was with ComputerGeeks a couple years ago. I had to dawg them every step of the way. Yes, I know many of you like them. I don't. If you are interested, you can read my experience with them at www.resellerratings.com (Comment From User: (randypj)
Fri Jan 21 01:12:15 2000)

I just looked at Upgrade Planet on resellerratings......it looks like they &quot;might&quot; be one step above ComputerGeeks. I'd dispute it if I were you. Another option, but one that might serve to undermine a cc dispute, would be to ask them what they propose as resolution (and give them a drop dead date to provide one). Maybe a fair resolution would be a store credit? Or, 20% restocking charge? BTW, a company's posted policy does not preclude you from asking your cc for a fraudulent dispute. And....if it were me, I would include a link to resellerratings/Upgrade Planet page, and mention how many negative comments they had, and quote some similar to yours.

BTW.....I have posted twice as many positive comments on resellerratings than I have negative comments.....so.....the &quot;only negative comments&quot; thing don't fly with me.
--Randy

 

[DynaOne]

I really appreciate all the great advice and comments, but I have to admit that I've put this one behind me. I would have greater frustration from fighting than the refund would be worth. I've learned alot from the experience - so its not a total loss.
DynaOne