When "Lifetime Warranty" Memory... Isn't 97
InakaBoyJoe asks: "What do you do when memory with a 'lifetime warranty' fails? You send it back to the dealer of course -- if they're still around. But when I called The Chip Merchant, they refused to honor the warranty, citing a change in ownership. But they also claim on their website to have been doing business since 1985, and are still using the same name, domain, and phone number as before. So it seems the new owners are trying to reap all the benefits of a connection with the old company, while incurring none of the liabilities. How convenient! Instead of an apology for the months of headaches caused by the bad RAM, I got the runaround and was told to contact some guy in San Diego. The policy is also mentioned here. This means that anyone who bought 'lifetime warranty' memory from The Chip Merchant before April 19, 2004 is SOL. Given the popularity of this vendor, I think this is a pretty big deal. And what these guys are doing sounds vaguely illegal. What recourse do we have when companies pull a fast one like this?"
Computer Senility? (Score:5, Funny)
Are you telling me my computer is going to go senile and there's nothing I can do about it?
Speaking of senile, I wonder if god will give me a refund on grandma...
Apparently (Score:5, Funny)
No, it refers to the lifetime of the company (Score:1)
Re: (Score:1)
let's see if slashdot helps (Score:3, Interesting)
Hmmm, since you managed to get this as a slashdot article I'm not going to lose any sleep that you won't get you your refund. You will.
This is a perfect example of where I think there is some power and benefit to blogging, as discussed in this slashdot article [slashdot.org], and my post [slashdot.org], among others. Dollars to donuts, you'll get your refund, and The Chip Merchant will issue some clarification of their policy. Good luck!
(And the poster does seem to have a valid point, I'm looking at different listings for memory for "The Chip Merchant", and under warranty for the memory I looked at, they are all listed as lifetime .)
Hmmm, maybe when memory fails, they're unable to remember their policy.
Re:let's see if slashdot helps (Score:1, Redundant)
Re: (Score:1, Redundant)
Fairly simple, effective solution (Score:5, Insightful)
File suit. No, not a big-money high-powered attorney type lawsuit; head on down to your local Small Claims court.
Why is this good? Well, small claims courts have a maximum damages amount of ~$5000-$10000, depending on where you live. However, you don't need to be a lawyer, you can argue your case yourself. And the filing fees are reasonable for the rest of us: where I live, the cost is $7.
All you need to do, to file, is say that you have exhausted all other measures in dealing with the company: so, sounds like you've called them. Write one letter, telling them that you intend to sue, and send it by certified mail. Give them 15 days, and on the 16th, file.
You can file locally to you, not them, even if they're in another state. The court notifies them of the trial date. And then, come trial day, you go, argue your case (again, no lawyer necessary), and-- they don't show up, usually. So the judge rules in your favor, and gives you a judgement-- which is *incredibly* fun to have against a company.
So this approach gives you everything you want, including the pleasure of revenge, and you get your money back. Happy Hunting!
Re:Fairly simple, effective solution (Score:2)
Re:Fairly simple, effective solution (Score:5, Insightful)
Re:Fairly simple, effective solution (Score:2)
I suspect you are full of shit. (Score:3)
Re:I suspect you are full of shit. (Score:2)
Perhaps you should google first [nolo.com].
Georgia, Delaware, and Tennessee have small claims limits of $15k, according to the above website. (2 counties in TN have a limit of $25k!)
Perhaps the above poster is just an idiot and didn't try to collect on his claims. Depending on the state, you can get somewhat aggressive at collecting small claims, and you may even get interest on an unpaid claim!
Disclaimer: IANAL, I just looked this information up when I had to take someone to small claims court a few year
Re:I suspect you are full of shit. (Score:2)
In the end, I hired a lawyer to go after the company, at which point the company signed a statement saying they had no assets (clearly a lie, or the assets had been illegally transferred), no income, and no outgoing cash flow (this latter was provably a lie as well).
My lawyer advised that it wasn't worth pursuing. If you still don't believe me, let me know and I
Re:I suspect you are full of shit. (Score:2)
Re:I suspect you are full of shit. (Score:1)
Re:I suspect you are full of shit. (Score:2)
Re:I suspect you are full of shit. (Score:1)
Re:I suspect you are full of shit. (Score:2)
Shady businessmen (Score:1)
Re:Fairly simple, effective solution (Score:1)
Re:Fairly simple, effective solution (Score:2)
Re:Fairly simple, effective solution (Score:2)
A judgement against a company means they either pay, or go bankrupt. There is no third option.
Okay, so this means a judgement against a company on the verge of bankruptcy anyway can be worthless. True.
But this doesn't sound like the case here.
I filed for bankruptcy against a company that I had an outstanding judgement against once. Was fun. Oh, I received
Re:Fairly simple, effective solution (Score:1)
With an individual there would be effort tracking them down and the like. With a company it seems it would be a more straightforward and have a much higher chance of return.
Re:Fairly simple, effective solution (Score:2)
Re:Fairly simple, effective solution (Score:1)
I know that this is true, because I read it in another Slashdot post
Re:Fairly simple, effective solution (Score:1)
Re:Fairly simple, effective solution (Score:5, Informative)
If you decide to go the stubborn way and sue in your own local court you could well find your case going all the way to the US Supreme Court before you have a collectible judgment. Trust me, IAAL, suing in the defendant's locale is the easy way to handle small claims.
Re:Fairly simple, effective solution (Score:2, Funny)
And to think, just a couple of months ago you were working in the computer lab at a university [slashdot.org] and Arguing with me about how easy it is to get around Chicago [slashdot.org] - now you're a lawyer! Congratulations on the promotion.
I should note that I didn't recognize you as the pizza guy until I looked at a couple of back posts, and recognized a response after reading it, BTW. It's purely coincidental that I happened to not believe the IAAL claim.
Re:Fairly simple, effective solution (Score:2)
However, the letter *threatening* a lawsuit is probably the easiest first step.
Re:Fairly simple, effective solution (Score:5, Insightful)
Warranties are nice for the casual user, but they're an intangible asset for a company. When you buy something with a 3 year warranty, you can count on having it work for 3 years and not have to budget for it because it will be repaired/replaced free of charge. If that warranty becomes void, so does the paper value of your product.
Your 100$ device has cost you far more in lost time and potential income, you'd be a fool to not try and stick it to them, if only to send a message to these crooks.
Re:Fairly simple, effective solution (Score:1)
While I agree with trying to send a message to a company that they can't renig on published promise, this mentality is the same that fills the pockets of personal injury lawyers. Ughck.
Re:Fairly simple, effective solution (Score:1)
There is no "perfect" solution to human mischief. Some people are honest and well-meaning, many more are selfish, treacherous and war-like. As long as we will have these two polar factions, we will have litigation.
In small claims court? (Score:2)
Re:Fairly simple, effective solution (Score:2)
And of course collecting on a judgement is a whole other issue...
Re:Fairly simple, effective solution (Score:2)
Re:Fairly simple, effective solution (Score:2)
That's not necessarily true. In my state you can only sue an out of state defendant if they own property here [state.ct.us]. The party I was looking into suing was in Georgia, and you must sue where the defendent resides [consumeraffairs.com] there too.
Re:Fairly simple, effective solution (Score:1)
Re:Fairly simple, effective solution (Score:1)
Hay (Score:5, Funny)
Fire, lots of it. Burn their offices down. And see if you can find my stapler while you are there, it is red!
Re:Hay (Score:2)
Chip Merchant (Score:5, Insightful)
It's sad to see a company that used to be trustworthy turn to the dark side like this. Needless to say I am no longer one of their customers.
BUT as far as changing owners, they have no right to just blow you off. You have a contract with them. Contact the BBB in the area they are located, as well as the State Attorney general. A lot of companies try to screw people knowing that they just will not be persistant enough to complain. When they start getting letters from the Attorney General it will get their attention. I have done this in cases where the company tried to stiff me on a rebate. It usually works.
Right on (Score:2)
New acronym, by the way: TIS, TTAL (this is
Re:Chip Merchant (Score:1)
You're right - when a company takes over the name, they take over the obligations.
Else they ruin the reputation that they paid for.
Too many companies forget that it's more expensive to obtain new customers than to hold on to loyal old customers. And when they start to lose their old customers a new base is even more difficult to obtain.
Re:Chip Merchant (Score:2)
The BBB has no power. It's basically just a club that businesses can join, a club that gives you a sticker that you can put on your door that makes customers feel better about you.
If your business is not a member, then the BBB can't do anything to it.
If your business is a member, the BBB will rate it based on the number of complaints they've received on it and they'll make some token efforts to resolve complaints, but if the company doesn't want to pl
Re:Chip Merchant (Score:1)
Re:Chip Merchant (Score:2)
I think each local branch is pretty independent, so they aren't necessarily all that corrupt, but I would expect most are, given the way they're structured.
Re:Chip Merchant (Score:3, Informative)
So, I suspect you're just being a naysayer. But, either way, it costs nothing to file a complaint, and it may have positive results.
Re:Chip Merchant (Score:2)
Hmmm. Did your WIFE tell you this? Are you sure it was just her shoes? Gotta watch those women...
Re:Chip Merchant (Score:2)
Ok, which means that the manager was probably not even involved before you got the BBB involved. You probably could have gotten similar results by calling up the manager himself. Also note that the issue wasn't about money -- it was about paperwork. It probably costed the manager nothing to make your wife happy in that case, so he did.
Making good on the `lifetime warranty'
Re:Chip Merchant (Score:2)
Wrong on all counts. It was about money (they decided we didn't qualify for the loan they gave us 2 days after all the paperwork was signed), the manager was involved from the
Re:Chip Merchant (Score:2)
Re:Chip Merchant (Score:2)
Maybe they aren't looking after our interests, but I'll bet they are looking after their own. If they ignore all complaints, then the BBB sticker would quickly become meaningless. Honest businesses (and yes, there are honest businesses out tere) would have no reason to join; why pay the fees if your membership means nothing to potential customers, or, even worse, if membership associates you with shady busi
Re:Chip Merchant (Score:2)
Methinks they are a member. If not I am sure the BBB would be interested to know that their trademarks are being used without permission.
Re:Chip Merchant (Score:1)
Bad publicity (Score:5, Funny)
thechipmerchantsucks.com is currently available. ;)
Re:Bad publicity (Score:2)
But, (OP), remember that we live in the USA, where anyone can sue anyone else for any reason at any time. (Sure, you'll get laughed out of court suing your parents over your circumcision, but that hasn't stopped folks.)
If you're a member of Pre-Paid Legal or something similar, you might be able to get a deep discount on attorney's fees.
Corporations Live through Purchase (Score:3, Insightful)
Short answer, what they are doing is not legal, nail them for breach of contract.
Re:Corporations Live through Purchase (Score:5, Insightful)
Short answer, what they are doing is not legal, nail them for breach of contract.
Not so fast! If a company goes broke and they sell just the name as an asset, the next company is not accountable for the obligations of the former company. Those things are happening all the time. Same guys, same name, but different entity.
Re:Corporations Live through Purchase (Score:3, Insightful)
The AC is correct. See Air America's shenanigans (under a new corporate entity that's largely the same as the old ownership) over the grant money to care for Alzheimer's patients that was improperly lent to them.
parent is correct. (Score:2)
On the other hand, if a company sells goods or services with the deliberate intention of avoiding th
Re:Corporations Live through Purchase (Score:2)
So if you had a login for their website from before the takeover which still worked afterwards; they have also bought the client portfolio including all responsibilities.
Correct me if I'm wrong, IANAL.
Re: (Score:2)
Only though bankruptcy (Score:2)
If, otoh, the company is purchased along with all the corporate obligations, then the new company must honor the warranty. If the obligations are not "purchased" in the transaction, then they must be assigned to a responsible party. That's who you would have to sue.
It's easier to sue the current owners, and make them prove they're not responsible.
Re:Corporations Live through Purchase (Score:2)
They shouldn't get both.
Small claims is probably worth a shot.
Try asking them to appear on Judge Judy or your favorite equivalant
IANAL, but was involved in bankrupt/name/ownership changes... and we make a similiar been in business claim
Shameless plug (Score:4, Interesting)
I pretty much always buy my memory from (Company X) because they're owned by (Company Y) who actually makes memory chips. I figure they own it, they built it, they tested it, their name goes on it, and there's no dilution by being able to point the finger at someone else. I also like the fact that I can buy from a memory maker, rather than some reseller or DIMM builder.
I recently had a DIMM from (Company X) go bad. I called them up, told them my story, and exchanged the bad one for a new one, no problems or hassles at all.
It had a lifetime warranty, and was about 1.5 years old.
Re:Shameless plug (Score:1)
Re:Shameless plug (Score:2, Funny)
Go to court (Score:2, Interesting)
Re:Go to court (Score:1)
Yes, because real courts follow the rulings of the stuff you saw on TV. Just cite the reference law of CoutTV case docket #12213221 and any court in the land will enter it as evidence.
</sarcasm>
I'm not saying that the OP doen't have a good case but I don't think it's wise to give legal advice based on your TV viewing habits. If I did, I'd tell you that a DNA test takes about 2 minutes to run!
Re:Go to court (Score:2)
IT AIN'T RIGHT! (Score:5, Informative)
Funny thing is, KUSI's studios are less than a 5 minute's walk to The Chip Merchant's San Diego offices (they are pretty much in the same office park).
The Chip Merchant (Score:1)
People that know - newegg.com. Of course, I would generally go by the manufacturers warrantees vs. any corparate reseller.
I guess your warranty was good for the life of the management of the company.
Subtlely..I am reminded of the following:
Tommy: Hey, I'll tell you what. You can get a good look at a butcher's ass by sticking your head up there. But, wouldn't you rather to take his word for it?
Mr. Brady, Customer: [confu
Kingston (Score:4, Informative)
I had a SODIMM in my laptop test as faulty, so I gave Kingston a call. It wasn't much trouble to get replaced, they didn't care about when I purchased it, and they even cross-shipped me a replacement. Much more reliable than a small computer store that might not be around tommorow.
Exactly what I was going to say (Score:2)
What were the terms of the corporate sale? (Score:1)
No Fraud, Just Bankruptcy. (Score:2)
Given the contact information on the site regarding previous warranties, I suspect that they filed bankruptcy. Case number 03-03874-JM7 looks suspiciously like a bankruptcy code.
In order to meet creditors, they would have liquidated assets, which would have included the name, the business records, customer lists, etc. However, the new company that took over the name would be a brand new corporation. A bankruptcy filing with liquidation would have wiped out any such debts.
Confirmation: Greg Akers, as liste
You've already won. (Score:2)
You post your story on Slashdot and hundreds or thousands of geeks never shop there again. That will cost them much more than paying for one damaged memory chip.
Sorry (Score:2)
mod parent up - false advertising (Score:1)
Well, YOU may not be able to but anyone who bought from them since the bankruptcy can, if they bought based on the "in business since 1985" statement.
Re:mod parent up - false advertising (Score:2)
Might, might, might. It's still worth asking the question because that claim might be bogus. I'm just not as sure as I was whe
Recourse (Score:2)
About the only thing you can really do is not shop there anymore and spread your story as widely as possible to deter others from shopping there. Unfortunately your own financial loss in this case isn't something you'll likely ever recover, so you should just write it off as a costly learning experience.
you have a legal agreement with them (Score:1)
for real lifetime warranty, kingston (Score:2)
back in the day when 64 and 128 mb upgrades were in the four figure costs, you didn't want to