Final Consumer Response /* (2000, 6, 2015/10/30) */
I was able to save my system and install the latest Ubuntu distro. Now, everything is working fine, including the network adapter.
Hello [redacted],I sincerely apologize for the misunderstanding and the inconvenience it has caused you. I followed up with our Technical Support Manager and confirmed that he made the requested changes to your account, providing you the information yesterday, July 24th. If you require any further...
assistance please feel free to let us know at any time and we would be happy to assist. Thank you and have a great day.
Hello,I've contacted the customer directly and after reviewing his claim and his returned product, I determined the scratches were caused by normal useage and have requested that our Accounting Department provide a refund for the restocking fee. The customer will be provided his full payment back...
and we sincerely apologize for the inconvenience this has caused them. Thank you for allowing us the opportunity to work this out with the customer. Sincerely,Kasie H.AVADirect Custom Computers
Initial Business Response /* (1000, 5, 2016/01/12) */
The support department at AVADirect authorized an RMA for Mr. [redacted] on 4/16/2015 while his machine was still well within the warranty period.
Mr. [redacted] refused entirely to send the system or failed part in for replacement.
In...
order to obtain a replacement part our terms of warranty and sale clearly state that an undamaged part must be received.
Now that Mr. [redacted] has unfortunately waited the intervening six months, rather than sending the part in for replacement, his warranty has expired.
We attempted to work with Mr. [redacted] several times, along with the manufacturer of the failed part, [redacted] to whom Mr. [redacted] also refuses to send the part claimed to be defective.
Here follows the written refusal by Mr. [redacted] to provide us with the failed hardware for replacement:
[redacted]
From: [redacted]
Sent: 8/15/2015 4:36:56 AM
To: [redacted]
Subject: Re: Re: Re: Re: Re: Re: Technical Support: RMA Request
Ref:#[redacted]
I refuse to send in anything for repair or replacement. The most that
I can provide are the photos that I have already provided of the
defect codes. I am demanding that AVADirect issue a refund by check or
to the original payment method for the amount of the original purchase
price for the motherboard, processor, and memory. This system is
clearly defective. And I cannot use that memory or processor on a
newer board. And I would not need a newer board if it weren't for the
failure of the existing board. I need to save the piece as evidence
for litigation against, for instance, other parties. If I do not
receive a refund for the full amount that I purchased the motherboard,
memory, and processor, then I will issue a Revdex.com, AG, Internet Crime
Complaint, or other complaint. I could also file a charge-back.
[redacted]
[redacted]'s refusal is dated 8/15. Our original RMA email, pasted next:
[redacted]
On 4/16/2015 at 11:41 AM, "AVADirect" wrote:Hello
[redacted],
I've issued an RMA system repair for this PC, it is RMA#[redacted].
Best regards,
Michael B.
The warranty on this system has expired, as has the repair RMA. Mr. [redacted] unfortunately did not take advantage of his opportunity to exchange the board he claims is defective while the opportunity existed. Instead he waited four calendar months before letting us know that he refused to send the item in, period. Now he is months out of warranty and even that opportunity no longer exists.
This is our RMA procedure, from our warranty page:
[redacted]
Procedure to Return Merchandise for Warranty Service, Credit or Refund
Obtain a Return Merchandise Authorization number (RMA#) from our technical support.
Properly package the returning product in a proper shipping container in "as shipped" condition along with all materials that came with the item.
Place the RMA confirmation page printed from the email you received inside the shipping container.
Write the RMA# on the top of the box using a very visible writing device.
Ship the item to our location at your expense using UPS, FedEx, USPS, DHL, or similar shipping companies. Customer agrees to pay for any expenses for loss of value to the product if no shipping insurance is added.
Returning merchandise must be received by AVADirect within 10 business days from the date of RMA authorization.
For information about returning products for credit or refund, see Return Policy in Terms of Sale or contact our customer service department.
[redacted]
I hope this helps to clarify the situation and our interaction with Mr. [redacted]. It's unfortunate the issue has taken this turn, but we do need merchandise returned if it is to be exchanged.
Initial Consumer Rebuttal /* (3000, 7, 2016/01/23) */
(The consumer indicated he/she DID NOT accept the response from the business.)
A lawyer from AVADirect did not disagree with my points that it would be an invasion of my privacy for me to return the board. He claimed to want to reach a resolution. However, his behavior was obstinate. The only resolution would be a refund, store credit, or some other form of equivalent compensation. He also claimed to be recording my phone call. I have been more than accommodating with AVADircet. AVADirect has not returned this courtesy.
Final Business Response /* (4000, 9, 2016/01/27) */
As a Revdex.com accredited business, we follow the Revdex.com Code of Business Practices, which includes number 7. Safeguard Privacy. We take this very seriously and it is unfortunate that the customer is unwilling to follow our Terms of Sale (http://www.avadirect.com/Terms-of-Sale) for fear of us seeing his personal information.
Being a business in the IT industry, we are fully aware of the capabilities and uses of each component used in a personal computer. A motherboard does not store personal data that could be incriminating to the user or anyone else involved. The only locations on a motherboard that store information are the CMOS and BIOS. The BIOS on the motherboard contains the instructions on how the computer boots and is only modified or updated with BIOS updates. The CMOS is powered by a CMOS battery and contains your system settings which is modified and changed by entering the CMOS Setup. Personal information is stored on a hard drive disc or solid state disc, not the motherboard.
We have been trying to work with the customer since March of 2015. Unfortunately the customer refuses to send the supposedly defective motherboard in for diagnostics and/or replacement. Even after the product no longer qualifies for return or warranty repair, we are still trying to help the customer. His last contact with us occurred on 01/14/2016 at 10:18AM EST which lasted 31 minutes and 43 seconds. The telephone call was recorded, however we are not including it with this response per the customer's request.
During the telephone call, the customer was offered to be sent a written copy of our privacy agreement, prior to sending in the motherboard for diagnostics and/or replacement, however he declined. He openly refused to send back the product yet demanded a refund or store credit be issued. It was explained to the customer on multiple occasions that both our company and the manufacturer of the motherboard, can only replace the motherboard under warranty once it has been returned. When the customer placed his order, November 11th, 2012, he purchased a 3 year warranty for it. As of now, the motherboard is out of warranty with our company. We are still willing to work with the manufacturer to try and repair or replace the motherboard for a reduced fee to the customer, but he is unwilling to work with us or the manufacturer.
The customer stated over the phone that the only resolution he would accept was monetary compensation. We are unable to provide compensation for a product that the customer insists on keeping. If the customer still wishes to work with us on having the motherboard tested, repaired, and/or replaced through the manufacturer for a reduced fee, then please let us know.
Final Consumer Response /* (2000, 6, 2015/10/30) */
I was able to save my system and install the latest Ubuntu distro. Now, everything is working fine, including the network adapter.
Hello [redacted],I sincerely apologize for the misunderstanding and the inconvenience it has caused you. I followed up with our Technical Support Manager and confirmed that he made the requested changes to your account, providing you the information yesterday, July 24th. If you require any further...
assistance please feel free to let us know at any time and we would be happy to assist. Thank you and have a great day.
Hello,I've contacted the customer directly and after reviewing his claim and his returned product, I determined the scratches were caused by normal useage and have requested that our Accounting Department provide a refund for the restocking fee. The customer will be provided his full payment back...
and we sincerely apologize for the inconvenience this has caused them. Thank you for allowing us the opportunity to work this out with the customer. Sincerely,Kasie H.AVADirect Custom Computers
Initial Business Response /* (1000, 5, 2016/01/12) */
The support department at AVADirect authorized an RMA for Mr. [redacted] on 4/16/2015 while his machine was still well within the warranty period.
Mr. [redacted] refused entirely to send the system or failed part in for replacement.
In...
order to obtain a replacement part our terms of warranty and sale clearly state that an undamaged part must be received.
Now that Mr. [redacted] has unfortunately waited the intervening six months, rather than sending the part in for replacement, his warranty has expired.
We attempted to work with Mr. [redacted] several times, along with the manufacturer of the failed part, [redacted] to whom Mr. [redacted] also refuses to send the part claimed to be defective.
Here follows the written refusal by Mr. [redacted] to provide us with the failed hardware for replacement:
[redacted]
From: [redacted]
Sent: 8/15/2015 4:36:56 AM
To: [redacted]
Subject: Re: Re: Re: Re: Re: Re: Technical Support: RMA Request
Ref:#[redacted]
I refuse to send in anything for repair or replacement. The most that
I can provide are the photos that I have already provided of the
defect codes. I am demanding that AVADirect issue a refund by check or
to the original payment method for the amount of the original purchase
price for the motherboard, processor, and memory. This system is
clearly defective. And I cannot use that memory or processor on a
newer board. And I would not need a newer board if it weren't for the
failure of the existing board. I need to save the piece as evidence
for litigation against, for instance, other parties. If I do not
receive a refund for the full amount that I purchased the motherboard,
memory, and processor, then I will issue a Revdex.com, AG, Internet Crime
Complaint, or other complaint. I could also file a charge-back.
[redacted]
[redacted]'s refusal is dated 8/15. Our original RMA email, pasted next:
[redacted]
On 4/16/2015 at 11:41 AM, "AVADirect" wrote:Hello
[redacted],
I've issued an RMA system repair for this PC, it is RMA#[redacted].
Best regards,
Michael B.
The warranty on this system has expired, as has the repair RMA. Mr. [redacted] unfortunately did not take advantage of his opportunity to exchange the board he claims is defective while the opportunity existed. Instead he waited four calendar months before letting us know that he refused to send the item in, period. Now he is months out of warranty and even that opportunity no longer exists.
This is our RMA procedure, from our warranty page:
[redacted]
Procedure to Return Merchandise for Warranty Service, Credit or Refund
Obtain a Return Merchandise Authorization number (RMA#) from our technical support.
Properly package the returning product in a proper shipping container in "as shipped" condition along with all materials that came with the item.
Place the RMA confirmation page printed from the email you received inside the shipping container.
Write the RMA# on the top of the box using a very visible writing device.
Ship the item to our location at your expense using UPS, FedEx, USPS, DHL, or similar shipping companies. Customer agrees to pay for any expenses for loss of value to the product if no shipping insurance is added.
Returning merchandise must be received by AVADirect within 10 business days from the date of RMA authorization.
For information about returning products for credit or refund, see Return Policy in Terms of Sale or contact our customer service department.
[redacted]
I hope this helps to clarify the situation and our interaction with Mr. [redacted]. It's unfortunate the issue has taken this turn, but we do need merchandise returned if it is to be exchanged.
Initial Consumer Rebuttal /* (3000, 7, 2016/01/23) */
(The consumer indicated he/she DID NOT accept the response from the business.)
A lawyer from AVADirect did not disagree with my points that it would be an invasion of my privacy for me to return the board. He claimed to want to reach a resolution. However, his behavior was obstinate. The only resolution would be a refund, store credit, or some other form of equivalent compensation. He also claimed to be recording my phone call. I have been more than accommodating with AVADircet. AVADirect has not returned this courtesy.
Final Business Response /* (4000, 9, 2016/01/27) */
As a Revdex.com accredited business, we follow the Revdex.com Code of Business Practices, which includes number 7. Safeguard Privacy. We take this very seriously and it is unfortunate that the customer is unwilling to follow our Terms of Sale (http://www.avadirect.com/Terms-of-Sale) for fear of us seeing his personal information.
Being a business in the IT industry, we are fully aware of the capabilities and uses of each component used in a personal computer. A motherboard does not store personal data that could be incriminating to the user or anyone else involved. The only locations on a motherboard that store information are the CMOS and BIOS. The BIOS on the motherboard contains the instructions on how the computer boots and is only modified or updated with BIOS updates. The CMOS is powered by a CMOS battery and contains your system settings which is modified and changed by entering the CMOS Setup. Personal information is stored on a hard drive disc or solid state disc, not the motherboard.
We have been trying to work with the customer since March of 2015. Unfortunately the customer refuses to send the supposedly defective motherboard in for diagnostics and/or replacement. Even after the product no longer qualifies for return or warranty repair, we are still trying to help the customer. His last contact with us occurred on 01/14/2016 at 10:18AM EST which lasted 31 minutes and 43 seconds. The telephone call was recorded, however we are not including it with this response per the customer's request.
During the telephone call, the customer was offered to be sent a written copy of our privacy agreement, prior to sending in the motherboard for diagnostics and/or replacement, however he declined. He openly refused to send back the product yet demanded a refund or store credit be issued. It was explained to the customer on multiple occasions that both our company and the manufacturer of the motherboard, can only replace the motherboard under warranty once it has been returned. When the customer placed his order, November 11th, 2012, he purchased a 3 year warranty for it. As of now, the motherboard is out of warranty with our company. We are still willing to work with the manufacturer to try and repair or replace the motherboard for a reduced fee to the customer, but he is unwilling to work with us or the manufacturer.
The customer stated over the phone that the only resolution he would accept was monetary compensation. We are unable to provide compensation for a product that the customer insists on keeping. If the customer still wishes to work with us on having the motherboard tested, repaired, and/or replaced through the manufacturer for a reduced fee, then please let us know.