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This has nothing to do with credit, but(probably long)


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I wanted to see if I couldn't get some opinions on this before I moved forward with it.

I got lazy, and had a company in California build my computer for me(I shoulda known better...if you want it done right......) Long list of issues forthcoming

Anyhow, I found this thing online in late June. I called and asked if I could ship using my own UPS business account instead of theirs(they wanted 80 bucks to send it ground...you can damn near send it next day air for that) and they said sure, so I bought the thing.

1) Well, turns out, they still charged me the 80 bucks for shipping on top of me paying $109.32 for next day air via UPS(I needed the computer quick)

2) When I got the thing, the thermite attaching the CPU fan to the processor(think of it as heat resistant putty for the non-techies) was busted up and the CPU fan was rattling around in the case(it should have been attached to the processor). I went ahead and fixed that myself, as well as the video card not being properly carriaged into its slot--no big deal, but worth noting.

3) The system worked great for 2 months, then a couple weeks ago the video card blew up. From my own diagnostics, I also determined that it had short circuited the hard drive, the RAM stick, and the motherboard. After alerting them to this(computer and parts are under warranty for 1 year), I paid 96.91 to next day FedEX it to them in California(it was not disclosed prior to the sale that I would have to pay shipping for repairs--otherwise probably wouldn't have bought it). Also enclosed a detailed letter as to what happened and what needed to be repaired.

4) They had it for a week, finally finished "fixing" it, etc. I paid $111.20 to have the computer next day aired BACK to me(they would have paid for ground mail in this instance, but I needed the computer back quickly, obviously).

5) When I opened the box, I noticed they had not included my power cable or any of my driver discs that I had sent with the system. They also failed to properly screw the access panel to the tower(they just slid it onto the case and left it loose--no screws to be found), and there was a bay enclosure missing(translation: Front of the computer was missing a panel for aesthetics and dust purposes...there was a hole in the front of my case). I went out and purchased a new power cable. The computer was also still not operating normally. It would do anything not graphically related fine, but would crash out or give me memory errors if I did a game or a movie or what not. I couldn't reformat the hard drive and reinstall Windows and what not because they still had my drivers. Not that it would have mattered, as those types of errors indicate a hardware failure.

6) I call them up and bitch em out...they offer to send a replacement video card, as the one they installed seemed defective, as well as new RAM sticks, as they hadn't changed those out and it sounded as though those were bad, as well. Here's the catch: Even though I've spent all this money on next day air, they still only offer to send it ground. I'm livid at this point, and let them have what for. They offer to send an extra 512MB of RAM as apology. I'm ok with this. So I pay ANOTHER $34.11 to have my driver discs and power cable sent to me next day air, and they enclosed a new video card and 2 RAM sticks in the box with it.

7) I get them the next day(after having to wake up at 6 am to reroute the package--they put the wrong address on the box, and I couldn't alert UPS until 7 am Eastern Time/6 am my time), replace the video card, replace the RAM cards, fire it up...just to be safe, I reformat the drive, reinstall Windows.....problem not fixed. Same issues. Turns out the only repairs they had done was replace the video card and put on a bigger processor fan, even though I had told the the motherboard and hard drive needed replaced. I call them up again, and they try to tell me to ship them the whole computer BACK to California. I'm not about to do that. I'm pretty peeved about having to build my system a piece at a time after I paid someone else to do it, but at this point, it's better than spending another 200 dollars in shipping to have my box sent to California and back on the off-chance they get it right this time. I tell them to just send a new hard drive, motherboard, and power supply, as the bigger fans on the processor and video card are probably sucking up too much juice for the power supply they have in it now(it's a 350W...it probably needs a 400/450). They changed the specs of two of the components, but didn't change the power rating to match. They say they're sending a new hard drive, power supply and motherboard.

8 ) Next day, hard drive etc. don't arrive(this was last Friday). I was busy all day, so didn't get a chance to call them. They attempted to charge my card 350 dollars for the video card and RAM sticks all weekend(they later said this was an attempt at a "hold" on the funds...nobody ever said anything about that to me. Fortunately, my card number had changed, and they were unsuccessful in this attempt). All weeked, nothing shows up. Yesterday, nothing shows up. I couldn't call them because I was at the Kiss/Aerosmith/Saliva concert while they were in the office(great show btw). I finally call them today to find that they hadn't sent the motherboard and hard drive because they were unsuccessful in charging my card for the replacement video card and RAM sticks. They also decided that they weren't going to give me the extra 512 MB of RAM, and wanted that returned or me to pay for it.

9) I basically tell them to screw off, and to expect a lawsuit, cause I'm fed up with the computer being a lemon, with all the money I'm having to pay in shipping costs, how I'm basically assembling my own computer with parts they keep sending me that I could have purchased and assembled on my own for less than they charged me for the system, and how they breached the terms of sale and the warranty by not fixing the computer when I sent it in the first time with detailed instruction as to what was wrong with the system.

10) They apologize and offer to refund me the cost of the computer, sans any shipping expenses, not even the original 80 dollar "shipping and handling" fee they pocketed. I again tell them to piss off, reiterate that I've spent over 400 dollars just in shipping charges on this thing, to say nothing of lost wages(I run a server off of my system), added hassle, and the fact that I've basically been cornered into assembling the system on my own because they're incompetent. I tell them that they have 2 options left: 1) Let me give them the specs for a system of MY choosing with parts of MY choosing and of quality of MY choosing(translation: a bigger, faster system than I had already paid for) that is of comparable value of all the money I've put into this system with some extra for the hassle I've gone through or 2) They can let me file suit, and they can fly out to Tennessee and take their chances in front of a judge.

11) They call back later, again apologize, and offer to send me a UPS label to have my system sent back(ground, of course), and they will build a new system with the same specs as this system, but with a larger power supply, and send the new one to me...ground mail, of course. I point out that it would take like 8 days to send the system to them, 8 days for them to send it back to me, to say nothing of the build time, so roughly another 20 days without my computer, and with my server being offline, equalling more lost wages. And all this for the exact piece of crap I have now spec-wise, and I'm still out all my shipping costs. I wasn't talking to somebody who had the authority to authorize a bigger system build that I would settle for, so that's pretty much where the conversation ended...I could tell he was in a hurry to placate me, which tells me I at least invoked proper worry into the company.

Now, after all that my question is: What do I have them on? Breach of Contract? Breach of Terms of Sale? Failure to offer warranty and services promised? I know I have them on at least the value of the computer. Do I have them on the expenses for shipping I've incurred having it next day aired back and forth when they didn't fix it, and another package for the parts they forgot to send me? Do I have them on lost wages from my server being offline due to their incompetence in not fixing it when I first sent the computer? If I have them on ANYTHING of the above, I've also got them for treble damages, because the Tennessee Consumer Protections Act is pretty black and white that they didn't honor their end of the agreement.

To give a general rundown, I paid $1360 for the computer, $430.54 in shipping charges, I went a week completely without my computer, and it's another week tomorrow since I've gotten it back, still not operating properly. I've also spent a lot of time not only installing the new components, but also running tests on the RAM, the video card, CPU testing, the HDD, and fidgeting around with the BIOS trying to either get this thing functional for my purposes, or to isolate the problem.

OR, should I have just put my tail between my legs and taken them on their offer to build me another system of the same specs that I have no doubt will blow up after 2 months, as well?

Only other thing of note is I'm in Tennssee, and they are, obviously, in California...I don't doubt that I can sue them, but would I have to file in California, or is it possible to file in Tennessee since that's where I am, and where they sent the system? THat'd be a problem if I had to file in Cali, obviously.

Sorry for the long post...lotta crap with this place. Knew I shoulda just built my own like always.

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Well I would think Breach of Warranty but couldnt you also try and get them for trying to falsely placing an unauthorized charge on yer credit card??

I dont think you would have a hard time filing in Ten because you ordered the thing in TN even if you did it over the phone. Thats how i was told that worked.

Anyway I wish you tons of luck and hope you kick their lousy arses for being putzes!!

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Well, the charge thing they call "advance replacement". Apparently they wanted to charge my card the value of the itmes, and then would refund the charge when they got the old ones back. I'm honestly not too worried about that, cause as I said, they couldn't do it. They had asked on the phone if they had my card number and what not when I first alerted them that I needed more components, but I figured they meant my UPS and FedEX business accounts, so I just said yeah...didn't really give it much thought until the CC called me up and asked if I knew about $349 charges to this place.

The way I figure it(I'm hoping for some reassurance from someone like Cala or Texas or what not that would have concrete knowledge about this) they owe me for the cost of the computer, the cost of the shipping, estimated lost earnings...take that number and triple it for the TCPA violation, and then add court costs, legal fees etc. on to that...but I don't know if I really have them on all that, so I want to make sure that that's what I can sue for before I head to the courthouse and file, and then hunt down a process server in El Monte, CA and pay them to actually serve the place.

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If it is one of those big computer companies that "reaches out" to Tenn. to sell its products, you can sue them in Tenn.

But you have a bigger problem buddy. Read your post again. Takes forever right? Imagine yourself telling that story to a judge. It would take two days. I would negotiate, get them to give you two computers or something and save the lawsuits for the guys that are screwing up your credit reports.

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Aye, that is a lot to cover, and I'd really rather avoid a coutroom on it if possible(somehow, by some miracle, I've managed to avoid that scenario 3 out of 3 times so far).

But this is one of those things where I'm going to have to file and put a dollar amount on my level of angst before they'll take me seriously and cave it in...I really don't want to peg them for a huge amount, I just want my money's worth...and right now I'm close to 2 grand in on this thing...I could build one HELL of a system for 2 grand, lemme tell ya.

Not a major company(HP, Dell, etc.) but they are a nationwide setup...out of their one office.

Thanks for the advise, as always :). You still have to tell me cognac or scotch :p Owe ya something, I do...now to run my happy a$$ to the courthouse tomorrow to go file pieces of paper to instill fear into them.

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