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legal advice needed (mobile barton)

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Trypt

Member
Joined
Aug 27, 2003
Location
Mississauga, Ontario
Ok, before I say anything, let me point out that I have a wittness to everything I am about to say:

I bought a mobile 2500+ yesterday with the intention of putting it into my system (below).. today, my friend came over and we started.. we removed the heatsink/fan (sig) and inserted the new chip, installed the sink/fan, we removed the battery (cmos) and reset the bios, then booted.. it wouldn't post, it wouldn't do anything, just black screen (the monitor wouldn't come on from standby).. we took it out, and put in my old 1700, with same config, booted right to bios screen right away, we repeated the process, and again, nothing with the new mobile.. so we figured, lets flash the bios with the newest version, put the 1700 back in, booted, flashed the bios, repeated the process, again nothing.. since the contract where I bought it says I have 7 days to return defective products I went back.. he through it into his system and it did not post either, but then he showed me the bottom of the chip and said that it was burned..

what can I do about this? they refuse to replace the chip (they have plenty) and they say they never used the chip before (even though it was in an open package when I bought it) and blame me for burning it.. I left it there, they said they will contact AMD and tell them my story and wait for their reply, but I doubt that will do anything, since they will probably spin the story their way and AMD obviously does not replace burned chips.. now since the chip never even posted to bios, obviously it was burned before.. WHAT CAN I DO?!?!?!

Chris
 
first step is to call/write/email the BBB.

i never have to go farther than step one in my magic process with retailers.

step two, have a friend with a deep voice call impersonating your lawyer. get a good script down and dont let an idiot do it.

third step, report them to AMD for selling remarked chips, even if they dont... just for fun...

fourth step, make a small EMP, carry it in, set it off and steal whatever you can to make up for it while the door scanners are down. hehehe... DONT DO THIS FOR REAL... im just... joking?
 
Trypt said:
...

I bought a mobile 2500+ yesterday with the intention of putting it into my system quotesnip

what can I do about this? they refuse to replace the chip (they have plenty) and they say they never used the chip before (even though it was in an open package when I bought it) and blame me for burning it.. I left it there, they said they will contact AMD and tell them my story and wait for their reply, but I doubt that will do anything, since they will probably spin the story their way and AMD obviously does not replace burned chips.. now since the chip never even posted to bios, obviously it was burned before.. WHAT CAN I DO?!?!?!

Chris

See the bold text. By placing a mobile CPU into a destkop system you are running that processor out of specifications and AMD or the supplier therefore shall not have to replace your CPU. AMD also invalidates the warranty on ANY processor with obvious thermal damage, which you happen to have. Did you use thermal interface material, AMD approved?

This is the risk that you take when you overclock and you should not try to RMA stuff that you have broken :mad: even if you didn't "break" it.
 
I used arctic silver 3 and the heatsink/fan you see in my sig.. my problem is that the system would not post at all, the chip was obviously burned by the time I bought it, I mean there is no way a chip like that can burn with my setup, in ANY case, let alone just by putting the power on, especially since my 1700 works just fine before and after..
 
Your story is very honest and i trust every single word of it.

But now you cant do anything really, you should have checked the item when you bought it.

I would take this as a hit and be more careful next time.

If it would make you feel any better, i lost 100CDN for a speeding ticket and 70CDN for a dead mobo that i just bought 2 weeks ago (cap blown up due to overclocking altho i'm not sure if thats the cause, i did overclock so nothing i can say)

:(
 
You really should have checked the chip when you bought it, expecially since it was in an opened package. On the other side, the only reason they are giving you such a hard time is because there are so many people who break equipment and the return/rma the item saying it was defective.

This really stinks, but I agree with MameXP, you will have to take at hit this time.
 
well, I decided to contact my girlfriends father's lawyer who specializes in retail fraud.. he will get me to sign affidavids to the fact that I never opened the chip until 4pm on the 21st (the chip was bought on the 20th).. of course the chip was in a package that is just sealed by plastic, reopenable, but still, 3 people will sign to the fact that I never tried to install until 4pm on the 21st, i returned to the store at 6pm, so only 2 hours after attempt at installaion.. then I will get another signature saying the procedure i used to install the product, and I will give both of these to the retailer and will send it to AMD as well.. What this tells me is that the retailed obviously used the chip to check out its potential in OCing, perhaps not knowlingly burning it, but regardless, they sold me a chip that was burned, and AMD is not going to like that.. i am not sure what that will do, but what ta heck, give it a try... I am very depressed right now, I am not rich, took me a while to get this damn thing.. they have the chip now and they said they will contact AMD and tell them my story (although my story was not as complete as the one I am giving you guys)

MrBucket28, what do you mean BBB?
 
Hmm, is there an equivalent to that in Canada? BBB I mean.. anyone I can call besides my lawyer? i would rather go through that means then to try to go through all these court procedures just in case they don't get scared
 
Trypt said:
well, I decided to contact my girlfriends father's lawyer who specializes in retail fraud.. he will get me to sign affidavids to the fact that I never opened the chip until 4pm on the 21st (the chip was bought on the 20th).. of course the chip was in a package that is just sealed by plastic, reopenable, but still, 3 people will sign to the fact that I never tried to install until 4pm on the 21st, i returned to the store at 6pm, so only 2 hours after attempt at installaion.. then I will get another signature saying the procedure i used to install the product, and I will give both of these to the retailer and will send it to AMD as well.. What this tells me is that the retailed obviously used the chip to check out its potential in OCing, perhaps not knowlingly burning it, but regardless, they sold me a chip that was burned, and AMD is not going to like that.. i am not sure what that will do, but what ta heck, give it a try... I am very depressed right now, I am not rich, took me a while to get this damn thing.. they have the chip now and they said they will contact AMD and tell them my story (although my story was not as complete as the one I am giving you guys)

MrBucket28, what do you mean BBB?

Oh my God.

How much again did you pay for this CPU?
 
I may be wrong here, but I think that since you put a mobile barton into a desktop system you may just be out of luck because you were not using it for its intended purpose (a laptop). I may be wrong though.
 
Cpt Newbie, you should appreciate his hard earned money.

I'm myself is not rich (rarely have a job and still in University)...

I think you still may win, just use that lawyer you get scare the hell of the retailer. Remember DO not mention anything about AMD waranty.

Good luck,
 
ok will do.. anyhow, I found the better bussiness bureau of Canada, and that is going to be my pitch tomorrow.. this has nothing to do with AMD warranty, it has to do with retailers ripping me off.. I payed $139 canadian for the chip, not the end of the world, but I got school debt up the butt dude.. oh, not to mention the crazy 15% tax we have to pay on everything.. anyhow, tomorrow I am going in armed with signed documents and with a number of the business burreau which I will call right there from the store.

it doesn't matter what I use the chip for, the chip was burned when I got it, unless AMD can prove that the mobile 2500+ can burn out in a desktop motherboard, they have no say, especially since I just said that the system did not even post to bios, absolutely nothing, the chip was completely burned before I even inserted it into the mobo.

what really gets to me that I spend over $700 yesterday in that store, i also got a 200gb Western Digital and a bunch of accessories etc, and they still didn't budge.. anyhow, i'll burn down their store and that will be it
 
Hey trypt u said you paid 139 for the CPU and you paid 15% sales tax.Are you from newfoundland,if so what part,and did you buy this from canadacomputers?just bought a 2500 mobile from them myself,didnt have the problems U had but paid same amount with the 15%.

ahhh nevermind just read profile,15% in ontario?? thought it was lower there
 
just because the chip was used in a desktop doesnt automatically mean that it was the cause of the problem. using a pc formatted hard drive in a mac doesnt void the warrantee. this is analagous. the voltage applied at the first boot can be controlled on some motherboards and isnt necessarily out of max spec for the chip. since the chip works in both, and works exactly the same doesnt mean it wont be warranted. maybe he wanted the chip to be used in a low power standard system for his car... how can you tell that by the motherboard its in? i suppose if the bios doesnt support the chip, as is the case, it could be a different story. on a motherboard that supported the chip by hard jumpers and was set properly before install... that would be a defendable position...

on the stores side of things it could have just been a bad chip. i always examine pins with a magnifying glass and if i see any streaks and i got a 'new' chip i threaten the seller with legal action. they always send me a partial refund and admit they lied.
 
Yes, i bought it at Canada Computers in their new location in Mississauga, ontario.. rest assured I am going in tomorrow and raising hell.. in any case, either they will honor their sale or I will have to get my $140+tax back in other ways, and i do have my ways.
 
I've got my two cents on this issue if anyone is still talking about it.

Define laptop....it is a computer. Really, the only thing I can think of that is actually different is that it has a battery. That's like saying you voided a Ford warranty because you drive your car on dirt, and not pavement.

I think Trypt got screwed, and he deserves a refund or a replacement. I don't think it is in any way amd's fault, but I think someone should help him out.

It is very easy to say "you should be more careful." But, how many of you have actually thoroughly inspected your chips before installing them?

He paid probably a hundred bucks for this chip and got absolutely nothing. If amd or the retail shop dont help him out, if I were him, I would never buy an amd product again. I don't care if their business hasn't turned a profit in years, it is their job to keep their customers and give them what they paid for.

Just my thought.

-Collin-
 
NinjaZX6R said:
I've got my two cents on this issue if anyone is still talking about it.

Define laptop....it is a computer. Really, the only thing I can think of that is actually different is that it has a battery. That's like saying you voided a Ford warranty because you drive your car on dirt, and not pavement. ....

It is very easy to say "you should be more careful." But, how many of you have actually thoroughly inspected your chips before installing them?
.....

-Collin-

I like your first point, but the second... eh. If you don't notice a burn mark on your cpu you prolly pay little to no attention to detail. Heck it might be dangerous for you to walk down the street if you are that blind. LOL. Just joking fella.
 
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