XFX loses lawsuit for bait n switch operation

[geokilla]

Lol @ OP. I was going to say congratulations then I read the whole thread. GTFO.

 

[Tempered81]

Like how the ops name is "Ass". Nice move, gluteus maximus. 8800 Ultra was 800 new.


Power to the people, mate!

 

[blastingcap]

I've met a few people from Rancho Cucamonga. This behavior does not surprise me.

One of my neighbors is super nice (and super hot) and went to Rancho for high school. But she grew up in Germany for many years, so I'm not sure she counts as Rancho.

 

[Rifter]

While this exact situation is questionable at best(260 is a better card) i am very happy XFX is loosing lawsuits over there bullshit return policy. I returned a 4890 OC edition(beefier PCB, voltage regulators, etc, would oc to 1 Ghz no problems) and got back a bone stock 4870 that literally wont oc more than 20Mhz past stock, i considered suing them too but would not have been worth my time.

 

[blackened23]

While this exact situation is questionable at best(260 is a better card) i am very happy XFX is loosing lawsuits over there bullshit return policy. I returned a 4890 OC edition(beefier PCB, voltage regulators, etc, would oc to 1 Ghz no problems) and got back a bone stock 4870 that literally wont oc more than 20Mhz past stock, i considered suing them too but would not have been worth my time.

Now thats a legitimate complaint for sure. The OP's isn't.

 

[bononos]

wow..

I had an 6800gt xfx card, I had an issue with my computer RMAed it and got back a 7600gt, yea it was a cheaper card but it was better an ran far cooler, I could not complain at all. The xfx 7600gt is still in use today.

You should have sued to get back your slower hotter lousier model.

 

[Destiny]

Bait and switch applies when they switch you to a "less inferior product" or weaker product... It would apply to Rifter's case but not to OP's case... I guess the courts didn't know the difference in the card and I don't know if XFX reps in court presented that or even showed up - if they did the Judge would have thrown the case...

 

[badb0y]

[I love] you, OP.

There's a limit to what we'll allow. Hurling profanity at someone else is that limit
-ViRGE

 

[thilanliyan]

Id rather an 8800 ultra over a 260. Ultra was a 500 dollar card when brand new. If you're going to send me a replacement a 295 would be nice.

I think it was more like $800+.

I'd rather take the money than get a replacement 260, but I don't know if I would have gone through the hassle of a court case for it.

 

[2is]

One of my neighbors is super nice (and super hot) and went to Rancho for high school. But she grew up in Germany for many years, so I'm not sure she counts as Rancho.

Well if she's hot she gets a pass of course :thumbsup:

 

[nenforcer]

OK I understand the OP is defending his right to "The Exact same card he RMA'd" it still doesn't make any sense to me.

Please tell us what you are going to purchase with your newfound $585.

You can make amends buy purchasing another XFX Radeon HD 7X00 series product.

 

[Grooveriding]

Within his rights to do it, not that it really made sense.

Still enjoy it anytime Joe Consumer sticks it to the man personally.

Kudos for actually winning your case.

 

[3DVagabond]

The OP doesn't say, but I'd likely believe that XFX didn't show up for the hearing and he was awarded by default. Although often Small Claims Court sides with the individual against a corp. right or wrong.

Family court, seriously? Who ever pays those judgments anyway? I know I dont ...

Family Court? LOL

 

[GluteusMaximus]

The 8800 Ultra was one of TWO cards I had in SLI configuration. I purchased those cards from XFX solely because of the warranty XFX offered. When one went bad, I expected to have it replaced. Instead, XFX decided to ignore the promises in the warranty contract for which I bought the cards and instead sent me a used piece of crap 260 that I couldn't swap my water block over to and wasn't going to play well with my other 8800 ultra.

I went round and round with XFX trying to get them to honor that warranty and they outright refused. I would have sued them back then but I would have had to fly across country to do it. I later discovered that the Courts there allowed an Appearance By Telephone (new) so I sued.

XFX made a butt load of money selling graphic cards boasting that warranty then after collecting their cash they decided to just ship what they felt was good enough and wash their hands of the matter.

They had every opportunity to avoid this lawsuit yet they chose to try to pass their new warranty off as being relevant. They quoted phrases from their new warranty in Court to no avail. The Judge saw right through their BS and dug the truth out of them. THAT is why I won my case. They tried the same BS on the Judge that they tried to pull on me.

 

[SickBeast]

Ok, so I could see that being a problem with an SLI configuration.

Good for you for getting your money back, OP.

They should have let you RMA the 2nd card for a pair of 260s.

 

[blackened23]

The 8800 Ultra was one of TWO cards I had in SLI configuration. I purchased those cards from XFX solely because of the warranty XFX offered. When one went bad, I expected to have it replaced. Instead, XFX decided to ignore the promises in the warranty contract for which I bought the cards and instead sent me a used piece of crap 260 that I couldn't swap my water block over to and wasn't going to play well with my other 8800 ultra.

I went round and round with XFX trying to get them to honor that warranty and they outright refused. I would have sued them back then but I would have had to fly across country to do it. I later discovered that the Courts there allowed an Appearance By Telephone (new) so I sued.

XFX made a butt load of money selling graphic cards boasting that warranty then after collecting their cash they decided to just ship what they felt was good enough and wash their hands of the matter.

They had every opportunity to avoid this lawsuit yet they chose to try to pass their new warranty off as being relevant. They quoted phrases from their new warranty in Court to no avail. The Judge saw right through their BS and dug the truth out of them. THAT is why I won my case. They tried the same BS on the Judge that they tried to pull on me.

Cry me a river. Its unrealistic for a company to keep backstock on super old SKUs especially when they did not deal with nvidia anymore, i'm still not on your side on this.

Bottom line is they sent you a better card that was 25% faster than your original one. SLI isn't their problem. Your waterblocks are not their problem. They honored the warranty, period. I"m fairly certain that the terms of the warranty allow this, I don't know of any warranty that guarantees the same SKUs especially years after the fact. What you did in small claims is borderline RMA fraud, IMHO - but since corporations rarely show up in small claims for ridiculous accusations, you will generally win by default most of the time.

 

[SickBeast]

Blah blah blah blah blah. Cry me a river. Its unrealistic for a company to keep backstock on super old SKUs especially when they did not deal with nvidia anymore, i'm still not on your side on this.

Bottom line is they sent you a better card that was 25% faster than your original one. SLI isn't their problem. Your waterblocks are not their problem. They honored the warranty, period. I"m fairly certain that the terms of the warranty allow this, I don't know of any warranty that guarantees the same SKUs especially years after the fact. What you did in small claims is borderline RMA fraud, IMHO

Come on, give the guy a break. Under tort law, the manufacturer has to make him "whole" again. In this case they did not. It renders one of his cards useless and he would be forced to sell it at a loss.

 

[TemjinGold]

Realistic or not for them to keep the backstock, if they sold a card with that as the promise, then they are required to make good on their promise when called on it. If they can't, they need to pay up.

Yes, the 260 is a better card but the OP paid for a certain product that carried a certain protection. When that promise wasn't honored and the OP in good faith tried to collect, he sued. I don't see anything wrong with that.

 

[blackened23]

Come on, give the guy a break. Under tort law, the manufacturer has to make him "whole" again. In this case they did not. It renders one of his cards useless and he would be forced to sell it at a loss.

Hmm. I wonder if they could have swapped the other 8800 for a 260? Was XFX still dealing nvidia chips at that time?

 

[KingFatty]

I think it's easy to lose sight of the big picture.

In this case, I think a very huge pig picture issue would be violating the terms of a contract. It seems XFX violated the terms of their own contract, and then they tried to pull a fast one on the judge by quoting the terms of a different contract that didn't apply. Don't know about you guys, but when you try to pull a fast one on a judge, you're going to have a bad time.

Another pig picture issue is that we want companies to have incentives to have reasonable terms in their contractual language. I think sometimes a company can lose sight of the actual language they are using. Suits like this remind companies to make sure the contract language makes sense. I think other companies are starting to notice this too, using more simplified language that people can actually understand.

So in the grand scheme of things, lawsuits like this can be a healthy thing. Yeah GluteusMaximus gets a bit of cash and that's weird, but in the grand thing it keeps everything good for all. Like how in a forest when a lightning strikes it sucks for the tree that gets hit, but it's good for the forest overall.

 

[postmortemIA]

this was bait and switch on OP's side, all of you yelled foul and how new card was faster, then you were let known it was part of the SLI configuration

 

[SickBeast]

Hmm. I wonder if they could have swapped the other 8800 for a 260? Was XFX still dealing nvidia chips at that time?

If they could give him one I see no reason not to give him two in this type of situation.

 

[blackened23]

If they could give him one I see no reason not to give him two in this type of situation.

I guess the matter is with the terms of the warranty. As far as I know all warranties specifically have language stating that they can repair or replace at their discretion. There is no warranty anywhere that guarantees the same SKU or compensation.

If the lifetime warranty had that, I'm still not sure I could side with the OP. I mean, I certainly would not complain if I had a GTX 480 go bad, and get it replaced with a GTX 580. Even if you had SLI 480s, that doesn't somehow change the terms of the warranty. Don't YOU think it would be ridiculous to complain about getting a 480 replaced with a 580? Because basically the same thing happened here....except a 260 is a bigger upgrade from an 8800 than 480> 580. Shrug.

I dunno. I still don't think I can side with OP.

 

[HurleyBird]

I'm siding with XFX on this one. One GTX 260 nowadays is going to work better than two 8800s. First, because it is less VRAM starved, secondly, because of micro-stutter and the fact that Nvidia is not going to put much effort into optimizing SLI for such old cards.

Even if that wasn't all true though, it is unreasonable to expect them to stock products that far EOL. It's perfectly reasonable to receive an upgrade on that card.

People like the OP are why we can't have nice things.

 

[hdfxst]

let us know if and when you get your money.How did you serve the summons to XFX?They're going to either appeal or ignore the decision and force you to spend money to take them back to court