Anyone ever order a retail 920 and get...

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TH@TGUYUKNO said:
At least they have come up to bat with a compitent story this time, still doesn't explain the C&D papers though, so I'm not convinced this is the truth either.
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The C&D is VERY easy to explain. The disti in question, D&H, was being incorrectly named as the source of the counterfeit product. Reading some excerpts from the letters show that they did not demand that [H] stop telling the story, only that they stop naming that distributor as the supplier.
 
wonder why Kyle didn't post since this morning? Maybe trying to settle with D&H ?
 
talon_262 said:
They are indeed one and the same...from the BBB:



http://www.bbb.org/greater-san-fran...upplies-and-parts/lagoom-in-fremont-ca-206528

Apparently, IPEX is Lagoom's distributing/B2B outfit.
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WOW that explains fucking everything about Lagoom.com ... man those guys suck ass.

coreyxh said:
He may just have to remove all previous references to D&H, I would at least man up an admit to making the mistake of implicating them in all of this. Defamation of a business who actually didn't do anything wrong is no bueno...
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With the history of [H] and newegg, I don't think he's in the mood to offer any type of apology to them.
 
If Kyle didn't get sued by D&H, I'd think this is a huge victory for him. He used all those provocative title to attract traffic flow and got free publicity for it.
 
Ardrid said:
No. I clearly stated that Newegg is not going to open itself up to liability and broadcast the implication that they knowingly sold counterfeit processors. I would imagine that Newegg had no knowledge of what they were being sold by their distributor, meaning they would not, in any way, be liable. If Newegg had knowledge, of course they could held liable. That's common sense.
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And I've never implied that they did. I never once said that Newegg knowingly sold counterfeit CPU's. However, Newegg doesn't audit their shipments from distributors? Would they? I'm not holding nor would I suggest that Newegg is liable.

Newegg can't do anything about this problem, again, aside from cutting out their distributors. Business between suppliers, distributors, and retailers works on covenants of good faith, implied warranties of fitness/merchantability, and other contractual obligations. Newegg expects (and assumes under that relationship) that the product they're buying from their supplier is what the supplier claims it to be. If that's not the case, how is Newegg suddenly at fault? As someone else stated, do you expect them to open every package and verify that their suppliers are abiding by those covenants and warranties? Would you then be the person who complains about receiving an open-box item because Newegg took such drastic, time consuming steps?
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Then the expectation that I will be getting what I paid for will always hang in the balance every time. If that's the case, then Newegg should at least disclaim that fact. The common law of implied warranties and merchantability notwithstanding outside of a US presence which it only applies too, there should be a process in place, in my opinion to assure that customers get what they paid for. I will stand on this. If Newegg assures that their supplier are giving them actual product and not counterfeit, then there has to be a reasonable assurance that Newegg has checked that product before it gets to the customer because, and I could be wrong here, that there is no such implied warranty/merchantability clause between Newegg and the customer.

Look, I'm just arguing that there should be something in place to assure that what Nix went through doesn't happen again. That's what I've always argued and will continue to argue regardless of it's feasibility or not. Neweggs profit margin isn't my problem, Neweggs revenue streams and distributorship relationships aren't my problem. My problem should be that I get the product I paid for every time without the cloud of credibility and suspicion hanging over every purchase. It's not an unreasonable request. Is it doable, I think so, would I be willing to be a little extra to assure me of that, I would actually.
 
Man there are a lot of sandy vaginas in this thread. FFS, walk from your mom's basement up to her bedroom and ask her for some Summer's Eve. This is worse than blue V green fanboy threads :(
 
talon_262 said:
Not to mention that, in some areas, breaking the manufacturer's seal on new merchandise may mark it as "used" goods and not be subject to the same legal protections as sealed, new merchandise (IIRC).
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If that's the case, then that would create a lawful gray area about merchandise possession and tendering in good faith. Look, if it can't be done, then it can't be done. I'm arguing that it can be done, but all I'm seeing is that people seem to think that it's unreasonable to do.
 
StryderxX said:
So at the end of the day Newegg was sold counterfeit Intel i7 processors from the distributor IPEX. When the reports started coming in that possible counterfeits were being received by Newegg customers Newegg reached out to IPEX. IPEX informed Newegg that they inadvertently sent demo units out. Newegg conveys this information to the press and its affected customers. Intel steps in and is adamant that the so called "demo units" are clearly counterfeit. Newegg reaches back out to IPEX and ultimately terminates all contracts with said company. In the middle of all this the distributor D&H was wrongly accused of being involved with this fiasco. It looks like in the hustle to get this story out misinformation was delivered as fact.
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well everything there was fact, except swap D&H for IPEX. A mistake that is irrelevant to the consumer, and could have easily been avoided had Newegg been upfront initially. I still have my doubts we're getting the entire story.
 
I would say that Newegg's NQA policy of replacing the counterfeit CPU's that their customers received is as good a piece of evidence that you can expect that you'll be getting what you paid for. You may not be concerned with their profit margins, but they sure as hell are. With the automated shipping systems in place at any operation of that size, as long as the barcode scans correctly, the box is the right size and the package is the right weight, it's getting through the system and is getting shipped.
 
Hmm lagoom.com is down. Wonder how long they have been out of business or if they just pulled the site because of this fiasco.
conscript said:
well everything there was fact, except swap D&H for IPEX. A mistake that is irrelevant to the consumer, and could have easily been avoided had Newegg been upfront initially. I still have my doubts we're getting the entire story.
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They were up front about it. They repeated to the customers what their distributor said, which was put online mere hours about this being found out about. It's not like that's enough time to get to the bottom of this considering they are working with a distributor and Intel on the issue. Then later after that investigation found they were fake. They admitted to it. This isn't some conspiracy here. Considering Newegg's reaction to this was severing ties with the distributor, it's not something they were going to take likely and automatically default to the worst possible scenario. I know you guys wanted that for entertainment reasons but that's not how you run a business. I see no fault in taking 2 days to get to the bottom of this and then making the appropriate decisions in both notifying the public and severing ties with IPEX.
 
ASIA911 said:
I have no problem if the customer(s) ask to have their products open up and inspect before sending off. But like me and most others out there we like our unopen for many reasons.
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What are those reasons? If a e-tailer opens a package upon request or makes it a policy to check all items for authenticity, disclaims it prior to purchase, and actually sends the product with an authenticity certificate along with it, then what's the problem? You got your product. It's been checked to assure that it's legit and new.

When companies starts opening and inspecting all their items in the first place, there will be a lack of trust from their customers if this start happening. I can see it causing more problems than it doing any good.
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What happens when products are supposed to be NIB and they are actually used and packaged as new? How would you know? How would any e-tailer or distributor know? You would have to go right back to the source to verify? But how could you? This is a real problem that has been and is being highlighted.

Maybe I'm beating a dead horse. I don't know if I'll buy from Newegg or I'll just spend the extra money to buy from a brick and mortar, but Nix's problem leaves me wondering. Yes, he and others are getting taken care off, but I'd rather avoid it altogether.
 
bufalo said:
The C&D is VERY easy to explain. The disti in question, D&H, was being incorrectly named as the source of the counterfeit product. Reading some excerpts from the letters show that they did not demand that [H] stop telling the story, only that they stop naming that distributor as the supplier.
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Hmmm. . . it will be interesting to see how this turns out.
 
talon_262 said:
Unfortunately, if Newegg had pinned the blame on IPEX (or D&H, or whoever it would've been) before their investigation was complete and all of their legal ducks were in a row, Newegg could've been on the hook for a metric s**t-ton of civil damages from a libel suit (among other things). That's why the name of the "long-term supplier" was conspicuously missing from Newegg's Friday press release...they didn't have enough legal proof.
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I just wanted to quote this because of how true it is.

I'll just sit back and watch now
 
Why not take a step further and make Newegg run test on every single part they sell. Oh yea, they'll probably charge you $100 extra for it.

Some of you need to be realistic here. It's a business. All they care about is how much money they make. You wonder why they have good customer service? Because it helps them make more money.


"What are those reasons? If a e-tailer opens a package upon request or makes it a policy to check all items for authenticity, disclaims it prior to purchase, and actually sends the product with an authenticity certificate along with it, then what's the problem? You got your product. It's been checked to assure that it's legit and new."
 
Methadras said:
What are those reasons? If a e-tailer opens a package upon request or makes it a policy to check all items for authenticity, disclaims it prior to purchase, and actually sends the product with an authenticity certificate along with it, then what's the problem? You got your product. It's been checked to assure that it's legit and new.



What happens when products are supposed to be NIB and they are actually used and packaged as new? How would you know? How would any e-tailer or distributor know? You would have to go right back to the source to verify? But how could you? This is a real problem that has been and is being highlighted.

Maybe I'm beating a dead horse. I don't know if I'll buy from Newegg or I'll just spend the extra money to buy from a brick and mortar, but Nix's problem leaves me wondering. Yes, he and others are getting taken care off, but I'd rather avoid it altogether.
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You'd have the same problem with B&M stores, because they get their computer components from the same distributors as Newegg and other online stores (such as D&H and Ingram Micro). If places like Best Buy and Fry's opened sealed boxes to verify their inventory's authenticity, customers would raise holy hell. Also, B&M retailers sure as hell wouldn't let you open a brand new CPU box (or any other sealed box) up before checkout, because then they'd have to sell it as open box, regardless if the merchandise inside is new. The issue is the distributors and who they buy from, which is why Newegg did right in kicking IPEX to the curb.
 
talon_262 said:
You'd have the same problem with B&M stores, because they get their computer components from the same distributors as Newegg and other online stores (such as D&H and Ingram Micro). If places like Best Buy and Fry's opened sealed boxes to verify their inventory's authenticity, customers would raise holy hell. The issue is the distributors and who they buy from, which is why Newegg did right in kicking IPEX to the curb.
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I stated earlier that I can walk into a B&M, buy the product, open it up in the store to verify it's authenticity or have a store employee or manager do the same. B&M product is different than e-tailer product because you are buying it sight unseen. You can't see it, so how can you verify it's legitimate outside of good faith, which you would have to have with the e-tailer. I'm just looking for another layer of assurance, something I think any e-tailer should do.

Newegg did the right thing by Nix and by firing IPEX. That's fine and I would never blame them for that. Ever. The problem would have never been an issue if what I've been saying was in effect. Just my 2 cents and this is what I've contended all along.
 
olang said:
Why not take a step further and make Newegg run test on every single part they sell. Oh yea, they'll probably charge you $100 extra for it.
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Uh, I never asked for this process to be taken further as you've suggested. Just looking for authenticity of product, not checking for whether it works or not. That would be covered under a warranty.
 
Glad, they finally released an "official" statement that apparently clears up what was happening.

Now, why there was conflicting reports from from other Newegg responses, could stem from a lot of stuff.

Hopefully it was the fact that intitial people from Newegg that reported what was happening just didn't have all the facts and were guessing where stuff was coming from. Possibly a lower level person or someone CS rep that wasn't given the correct information.

Either way, it is getting worked out and I thank Hardocp for digging to get the facts for us.

/thumbs up
 
Methadras said:
Uh, I never asked for this process to be taken further as you've suggested. Just looking for authenticity of product, not checking for whether it works or not. That would be covered under a warranty.
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That's what store policy is for. In this case, Newegg never denied customer for return and replacement. I'd think that's a good enough assurance.
 
bigdogchris said:
Hmm lagoom.com is down. Wonder how long they have been out of business or if they just pulled the site because of this fiasco.They were up front about it. They repeated to the customers what their distributor said, which was put online mere hours about this being found out about. It's not like that's enough time to get to the bottom of this considering they are working with a distributor and Intel on the issue. Then later after that investigation found they were fake. They admitted to it. This isn't some conspiracy here. Considering Newegg's reaction to this was severing ties with the distributor, it's not something they were going to take likely and automatically default to the worst possible scenario. I know you guys wanted that for entertainment reasons but that's not how you run a business. I see no fault in taking 2 days to get to the bottom of this and then making the appropriate decisions in both notifying the public and severing ties with IPEX.
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all well and good, but if Newegg wasn't certain about the issue, then they shouldn't have released a statement until they were. And to my original point, with the exception of apparently getting the distributors mixed up (which really irrelevant from our standpoint...though I can see why D&H might have taken exception), there was nothing incorrect about the story.
 
Here is what my wife said who is a lawyer that deals with I.P. and Copyright Infrigements.

If D&H was contacted by NewEgg and told NewEgg that they were "Demo Boxes" and NewEgg has a supply contract with D&H, it more than
likely has a status clause dealing with batches of defective/bad units and upon request a response has to be given to NewEgg in a
reasonable amount of time to give to whom it needs to deal with (customers, internal management and such). NewEgg would be under
contract to report ONLY what D&H said to them and nothing more. No speculation, no room to make assumptions, and even if Intel
Steps in and says that they are counterfeit, NewEgg will still have to report what D&H fed to them as what happened, or face steep
fines and/or end up with a broken contract leaving them with a shortage of parts that are otherwise good.

So while Kyle and the Gang focus on this one small detail of Demo Boxes and lying and whatever, they find themselves where NewEgg
probably would have been had they broken contract and said the truth right off the bat... with a Cease and Desist Order and
whatever else. Kyle, it seems as well as others have so focused on the Demo Box "lie or Story or Spin", that they really didn't
focus on the overall out come that NewEgg was as proactive in contacting customers as they legally could and sending out
replacements as fast as they could.

I am almost 100% postive that what I said above is accurate given the wife is a lawyer and I come and tend to stir things up with
reviews, just ask Paul and his last power review, and I wouldn't say what I said and make some strong statements unless I knew I
was in the clear.

What HardOCP did is possibly open itself up to get nailed. There is always a small chance that INTEL may have made some display
boxes or contracted out at some point and the person from INTEL didn't know about it either in his response to clear INTEL's name.
Which could lead us down the path that Intel ulimately was the company lying to us about the whole deal. (This scenerio according
to wife is about a .001%) So if it did end up being this way, would all of you that use Intel never EVER EVER buy anything Intel
again, from its chipsets, to whatever?

Its more than Obvious that there is a falling out between NewEgg and HardOCP and it shows because of NewEgg dropping HardOCP as
preferred partner or whatever you call it, so there is some bias and negative history because that would directly cause them not to
run ad's on HardOCP and that would cost Kyle money, after all you did read about why you shouldn't use AdBlock on HardOCP right?

The first option presented above fits the situation of what happened. There was little NewEgg could do until the distributor
cleared up exactly what happened and in this case D&H settled on "Demo Boxes" and this was all that they could report. What backs
this up so nicely is HardOCP getting a Cease and Desist Letter from D&H in regards to this situation, which just backs up exactly
what I said above. Technically and contractually, NewEgg was NOT lying to anyone about anything, they were given information per
contract and thats all that could be passed along. What the focus needs to be on is that they proactively sent out letters and
corrected the situation as fast as possible.

This is where Jumping to Conclusions and people who don't consult lawyers run into issues.... they just assume run out without any
research and start making comments without regards to what is really going on here.

If that .001 percent scenerio plays out.... HardOCP would and could be held liable for what it said. In that case Kyle, I know a
pretty good lawyer, but she doesn't come cheap...

Well looks like I was close.... just replace DandH with IPEX and my wife hit it on the head.....

mmm mmmm mmmm
 
Methadras said:
Uh, I never asked for this process to be taken further as you've suggested. Just looking for authenticity of product, not checking for whether it works or not. That would be covered under a warranty.
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Authenticity of product....

....


Please, do tell how you suggest etailers "authenticate" each and every single product in their warehouse.
 
Major fail all around here; from Newegg, distributers, reporting, threads, etc.

About time to lock this thread up.
 
Icestation said:
Thanks for the update, crazy story.

Also a suggestion I read though ton of garbage in this thread, how about making a timer for these types of threads say 2 weeks before a new member can post, only for news and running stories kind of like how in the Hot deals thread you cant post unless you have a certain post count or something.
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2nd-ed
i would have to agree with this
 
Dear gawd.

What a mess. Funniest / shocking news I've seen here. I just bought an i7 920 last week. LOL, but from Micro Center B&M
 
conscript said:
all well and good, but if Newegg wasn't certain about the issue, then they shouldn't have released a statement until they were. And to my original point, with the exception of apparently getting the distributors mixed up (which really irrelevant from our standpoint...though I can see why D&H might have taken exception), there was nothing incorrect about the story.
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Like I said way upthread (when it was being tossed out that D&H was the distributor in question), Newegg most likely ran with the "demo box" line early because they said "WTF?" to IPEX when all the trouble started coming down and that's the explanation IPEX gave them, pending Newegg's own investigation. With the 24/7 news cycle nowadays, silence from Newegg while they investigated the matter over the weekend could have been just as bad to their public image, if not worse, than giving out what info they had (which we now know to be grossly incorrect, because IPEX fed them a line of bulls**t) before the end of the day on Friday.

Tell me truthfully: do you think people would have been more forgiving to Newegg had they waited to announce what was going on once their investigation was over (or at least was underway enough to have some hard, legal info) or would the silence have been deafening?

BTW, in the WSJ story, they had this:
Newegg issued a statement late Monday about the affair, stating it is conducting a thorough investigation.

“Initial information we received from our supplier, IPEX, stated that they had mistakenly shipped us ‘demo units,’” Newegg said. “We have since come to discover the CPUs were counterfeit and are terminating our relationship with this supplier. Contrary to any speculation, D&H Distributing is not the vendor that supplied us with the Intel Core i7-920 CPUs in question.”

The company added: “Newegg’s top priority is to proactively reach out to all customers who may have been affected to ensure their absolute satisfaction. We have already sent out a number of replacement units and are doing everything in our power to resolve the matter promptly and with the least amount of inconvenience to our customers.”

Efforts to reach IPEX were unsuccessful.
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I wonder why... :p
 
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IceEmQuick said:
Here is what my wife said who is a lawyer that deals with I.P. and Copyright Infrigements.

If D&H was contacted by NewEgg and told NewEgg that they were "Demo Boxes" and NewEgg has a supply contract with D&H, it more than
likely has a status clause dealing with batches of defective/bad units and upon request a response has to be given to NewEgg in a
reasonable amount of time to give to whom it needs to deal with (customers, internal management and such). NewEgg would be under
contract to report ONLY what D&H said to them and nothing more. No speculation, no room to make assumptions, and even if Intel
Steps in and says that they are counterfeit, NewEgg will still have to report what D&H fed to them as what happened, or face steep
fines and/or end up with a broken contract leaving them with a shortage of parts that are otherwise good.

So while Kyle and the Gang focus on this one small detail of Demo Boxes and lying and whatever, they find themselves where NewEgg
probably would have been had they broken contract and said the truth right off the bat... with a Cease and Desist Order and
whatever else. Kyle, it seems as well as others have so focused on the Demo Box "lie or Story or Spin", that they really didn't
focus on the overall out come that NewEgg was as proactive in contacting customers as they legally could and sending out
replacements as fast as they could.

I am almost 100% postive that what I said above is accurate given the wife is a lawyer and I come and tend to stir things up with
reviews, just ask Paul and his last power review, and I wouldn't say what I said and make some strong statements unless I knew I
was in the clear.

What HardOCP did is possibly open itself up to get nailed. There is always a small chance that INTEL may have made some display
boxes or contracted out at some point and the person from INTEL didn't know about it either in his response to clear INTEL's name.
Which could lead us down the path that Intel ulimately was the company lying to us about the whole deal. (This scenerio according
to wife is about a .001%) So if it did end up being this way, would all of you that use Intel never EVER EVER buy anything Intel
again, from its chipsets, to whatever?

Its more than Obvious that there is a falling out between NewEgg and HardOCP and it shows because of NewEgg dropping HardOCP as
preferred partner or whatever you call it, so there is some bias and negative history because that would directly cause them not to
run ad's on HardOCP and that would cost Kyle money, after all you did read about why you shouldn't use AdBlock on HardOCP right?

The first option presented above fits the situation of what happened. There was little NewEgg could do until the distributor
cleared up exactly what happened and in this case D&H settled on "Demo Boxes" and this was all that they could report. What backs
this up so nicely is HardOCP getting a Cease and Desist Letter from D&H in regards to this situation, which just backs up exactly
what I said above. Technically and contractually, NewEgg was NOT lying to anyone about anything, they were given information per
contract and thats all that could be passed along. What the focus needs to be on is that they proactively sent out letters and
corrected the situation as fast as possible.

This is where Jumping to Conclusions and people who don't consult lawyers run into issues.... they just assume run out without any
research and start making comments without regards to what is really going on here.

If that .001 percent scenerio plays out.... HardOCP would and could be held liable for what it said. In that case Kyle, I know a
pretty good lawyer, but she doesn't come cheap...

Well looks like I was close.... just replace DandH with IPEX and my wife hit it on the head.....

mmm mmmm mmmm
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I think someone should take the wife to bed. I really don't think Kyle is flying blind here nor does he need would he be interested in a pitty resume offer.
 
hbidad said:
I think someone should take the wife to bed. I really don't think Kyle is flying blind here nor does he need would he be interested in a pitty resume offer.
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Why?

Sounds to me like she is giving good advice..
 
Either way HardOCP was simply passing the information as it was given from those that had authority to comment. As soon as Newegg made a statement that they changed their mind about who sent them the counterfeits, all articles were pulled.

HardOCP didn't speculate nothing. They were just pasting what was given to them. Last I recalled pasting comments from the source that might be false was not illegal.
 
has nothing to do with you telling someone to put there wife to bed,who says that?
 
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