MrK6
Diamond Member
- Aug 9, 2004
- 4,458
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Yep. When no company offers a lifetime warranty, people can go back and look at threads like this.
- Status
Warranties MUST contain certain elements that comply with Federal Laws and adhere to Uniform Commercial Codes. That is why they are written by LAWYERS. XFX knew all the details of their warranty and boasted those promises to boost sales. They made a sh.tload of money from those sales and must accept the costs that come from those sales. If a product fails, that is money they are not entitled to. They have options (remedies), stated in their warranty, to recover their entitlement to the money by fulfilling the warranty promises that the consumer has rights to. XFX flat out refused to do that. In my case, they wanted to make the sale by delivering a defective product with a warranty that was not going to be honored and keep that money while sticking me with something I had no use for.
Also, Lifetime warranties are different.
Lifetime can mean a person's lifetime. They can also mean the lifetime of a product.
The meaning of lifetime is contained in the warranty of your purchases. A products lifetime is dependent on the type of product. A cell phone or electrical device of that type has a "lifetime" of 3 years. That lifetime can be from the date of manufacture, if stated, or from the date of purchase if not stated otherwise.
In the case of XFX's Double Lifetime Warranty, that term "Lifetime" can only be construed as meaning the lifetime of the consumer. Because they describe that it is Double because you can transfer it to another individual thus; Your Lifetime then Another Person's Lifetime. It could not be assumed that they meant that the lifetime referred to the product's lifetime because "Double Lifetime" would become meaningless. They reference Lifetime in the same sentence when referring to the transfer to another party so that the legal meaning can only be associated with a human's lifetime.
Companies who sell products with warranties that boost sales, consider the costs of honoring those warranties when determining the sales price of their products. They know that the fantastic warranty will boost sales and make them even more money and can steal customers from their competitors. XFX did just that. They boasted a warranty that made promises far beyond their competitors and got the market share as a result. Then after XFX ran to the bank with our money and economic hard times fell upon them, they decided to cut costs by renigging on their promises that cost them money. The product they sent to me was USED and even when it was new, cost them less to manufacture than did the 8800ultra when it was new.
They took their path solely for economic reasons. Their bait n switch was; They sold a product with a fantastic warranty then switched the warranty with a new one written to save them the cost of honoring the original warranty.
This has become a practice of many vendors so they can keep your money and force upon you incredible costs to enforce your rights under contracts that THEY wrote!
The Judge at my trial saw right through this and forced the truth from XFX before rendering judgment in my favor. I didn't get my judgment simply because I filed suit, I got it because it was just.
Also, Lifetime warranties are different.
Lifetime can mean a person's lifetime. They can also mean the lifetime of a product.
The meaning of lifetime is contained in the warranty of your purchases. A products lifetime is dependent on the type of product. A cell phone or electrical device of that type has a "lifetime" of 3 years. That lifetime can be from the date of manufacture, if stated, or from the date of purchase if not stated otherwise.
In the case of XFX's Double Lifetime Warranty, that term "Lifetime" can only be construed as meaning the lifetime of the consumer. Because they describe that it is Double because you can transfer it to another individual thus; Your Lifetime then Another Person's Lifetime. It could not be assumed that they meant that the lifetime referred to the product's lifetime because "Double Lifetime" would become meaningless. They reference Lifetime in the same sentence when referring to the transfer to another party so that the legal meaning can only be associated with a human's lifetime.
Companies who sell products with warranties that boost sales, consider the costs of honoring those warranties when determining the sales price of their products. They know that the fantastic warranty will boost sales and make them even more money and can steal customers from their competitors. XFX did just that. They boasted a warranty that made promises far beyond their competitors and got the market share as a result. Then after XFX ran to the bank with our money and economic hard times fell upon them, they decided to cut costs by renigging on their promises that cost them money. The product they sent to me was USED and even when it was new, cost them less to manufacture than did the 8800ultra when it was new.
They took their path solely for economic reasons. Their bait n switch was; They sold a product with a fantastic warranty then switched the warranty with a new one written to save them the cost of honoring the original warranty.
This has become a practice of many vendors so they can keep your money and force upon you incredible costs to enforce your rights under contracts that THEY wrote!
The Judge at my trial saw right through this and forced the truth from XFX before rendering judgment in my favor. I didn't get my judgment simply because I filed suit, I got it because it was just.
This is not his fault. This is XFX's fault for the way their warranty used to be.
I disagree, they knew the terms of their warranty and failed to honor it. I do not understand your rage against the OP. Is it really wrong for him to expect them to honor a warranty that THEY WROTE?
You all are funny people. Just because he got a 260 does not mean that he should have to settle for it. They promised him in writing they would replace his card.
If they were smart they would have offered him two brand new 460s and cut a deal with him. Instead it sounds like they tried to strong arm him into a used card. I am glad he won his case - because he was in the right.
- Jan 31, 2000
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OP, you could have saved yourself a lot of flaming and grief had you also put this information in the original post. None of us knew that you had an SLI setup, so in our minds, you bitching about getting a faster replacement card seemed silly.
But after reading this i can actually understand your frustration with them.
OP should have settled his dispute with xfx before using the card for almost 3 years if he had a real problem. It didn't affect him for more than 2 years, but when the statute of limitations was coming to an end he decided he was finally unsatisfied.
He was not "right." He just used a loop hole in the warranty to get money.
He was not "right." He just used a loop hole in the warranty to get money.
is there any way the 260 is inferior in some way to the 8800? i mean one feature that it doesn't have that might be important to the OP?
i was thinking like if you had a cpu with vt that was rmad and you got a faster chip without vt? it might be faster but worse if you use that feature?
--
never mind, saw the SLI thing
i was thinking like if you had a cpu with vt that was rmad and you got a faster chip without vt? it might be faster but worse if you use that feature?
--
never mind, saw the SLI thing
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Whether the 260 is faster than the 8800 ultra is not only debatable but also irrelevant. The allowed remedy in our contract was the only thing relevant.
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- Jan 31, 2000
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He had his 8800 in SLI with an identical card. So the 260 now breaks his SLI setup.
What are you talking about? His card broke and he RMAed it. They sent him a different card that broke his SLI setup. It's not like he was sitting on a broken card for several years, and even if he was, so what? It would have cost XFX the same no matter when he sent it in.
You guys need to stop attacking the OP. He had a legitimate gripe and the judge agreed with him.
You RMA'd an 8800U, got back a faster card, and then complained about it? I'm at a complete loss for words; my brain hurts.
LOL,tries my own luck and sends EVGA my old gtx570 and they send back a gtx670,my world is over what a**holes,i want my gtx570 back as i got 2 gtx670 cards already and i just wanna sell the gtx570. :whiste:
Guys I need to say, this is no way to welcome someone new to our forum.
OP not everyone on here is like the people harassing you in this thread.
OP not everyone on here is like the people harassing you in this thread.
$585 could get him a nice gtx670 which i think would be sweet,if the Op still has that 8800gtx then it should be a nice upgrade.:thumbsup:
Wouldn't a gtx670 be faster then any sli setup up to dual gtx560 ti cards?
Wouldn't a gtx670 be faster then any sli setup up to dual gtx560 ti cards?
curious why would he do that? he was hell bent on getting a replacement 8800, so he should spend that money he got and buy another 8800.
thats what this was all about, wasn't it? not getting a replacement 8800.
postmortemIA
Diamond Member
- Jul 11, 2006
- 7,721
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I wonder if any of you would be pissed if intel replaces CPU in warranty with faster CPU but for different socket.
Imp
Lifer
- Feb 8, 2000
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Newsflash: XFX doesn't care.
$585 is literally pocket change for a multi-million dollar company. They wasted that much in air conditioning from people opening the doors in a day or two probably at their offices.
My guess is that the judge saw "video card" and went "woooosh". Even if XFX was wrong and the contract didn't say they could pull a switcheroo, in all reasonableness, they sent OP back a working product.
You buy a SLI set-up, you take on a risk. You may try to mitigate that risk through a "lifetime warranty", but with 6-month turnovers in the video card market (something a person with a SLI set-up should know) you should know better no matter the terms of the contract. They have millions of units in inventory per product cycle, so it should be common sense that it would be unlikely to get an identical card back "later" in the lifetime of a "lifetime warranty".
And your $800 (?) card lost half it's value 6 months after it came out.
$585 is literally pocket change for a multi-million dollar company. They wasted that much in air conditioning from people opening the doors in a day or two probably at their offices.
My guess is that the judge saw "video card" and went "woooosh". Even if XFX was wrong and the contract didn't say they could pull a switcheroo, in all reasonableness, they sent OP back a working product.
You buy a SLI set-up, you take on a risk. You may try to mitigate that risk through a "lifetime warranty", but with 6-month turnovers in the video card market (something a person with a SLI set-up should know) you should know better no matter the terms of the contract. They have millions of units in inventory per product cycle, so it should be common sense that it would be unlikely to get an identical card back "later" in the lifetime of a "lifetime warranty".
And your $800 (?) card lost half it's value 6 months after it came out.
Only if the warranty didn't allow it. If allowed, then I agreed to those terms when I handed over my cash and would therefore have no reason to complain.
Imp
Lifer
- Feb 8, 2000
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But they didn't... they sent back a PCI-E card for a PCI-E card. He's just not happy that it doesn't work with his identical second card.
The_Golden_Man
Senior member
- Apr 7, 2012
- 816
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If OP explained his issues due to SLI, they should have sent him two GTX 260's, if they could not get him a 8800 Ultra. It's called customer service, and it would cost very little for XFX, instead of wasting their time on all this.
That's my 2 cents
That's my 2 cents
If they don't care and if it is pocket change...then why didn't they honor the warranty in the first place when the cost was even less?...
...because of the economic benefit.
"[SIZE=-1]The philosophy behind risk/benefit analysis promotes the goal of allocative efficiency..." That quote came from the Ford Pinto case. Meaning it is cheaper for a company to endure the lawsuits and costs of judgments than to honor terms in contracts.[/SIZE]
Imp
Lifer
- Feb 8, 2000
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Google says the GTX 260 they sent you was $250-$300 when it came out. Google also says the 260 came out a year or more after the 8800 Ultra. So, they did give you something monetary.
My guess is that XFX didn't think you would take them to court over something so relatively small. You did and you won $585 3(?) years later. You got a $250 or $300-ish (?) premium over the $250-$300 if you factor in interest and time-value of money. Now minus the time/effort you put in over those years not letting the issue go, going to court, and tell me how far ahead you are.
XFX got paid, made money, and put your case on the back burner. They cared enough about the case to send a marketing person to court.
Looks like the GTX 260 came out late enough that people were asking "8800 SLI or single GTX 260" on forums...
No, I was unhappy because they failed to fulfill their promise to repair or replace my card.
If I hire you to paint my house red and you paint it red and guarantee that paint will stay red, wouldn't you expect me to come after you when my red paint starts to turn orange?
Would your answer be... "stfu, your house has paint on it, doesn't it?"?
Magic Carpet
Diamond Member
- Oct 2, 2011
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Imp
Lifer
- Feb 8, 2000
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If the house paint you used had a 6-month to 1-year product cycle and limited production run, AND the painter came back to paint the house a different shade of red, then yes, I would go "stfu".
You can never really match paint shades perfectly, which makes patching difficult. So using your analogy and case, the painter would have come back and painted your house a different shade of red... Then you would have asked them to repaint it the exact shade it was before...? Except you can send a video card back to be reused, and paint is "done" once it's used.
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