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XFX Rma nightmare
- Thread starter Amd2Intel
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It's a shame it took someone like Kyle to make it happen though, it still makes XFX look bad in my eyes.
Also, for all those who say it isn't XFX's fault, it isn't. HOWEVER, it's their responsibility to make sure the replacement card got into the owners hands. Fedex fucked up, XFX should have dealt with Fedex about it while still giving the OP his card. It always should work that way, why it didn't is just laziness on both companies parts. Especially when the OP's background story of him not going to be there was already in place. I mean, talk about irresponsible laziness..
I've had my own bad experience with XFX. While stories like this are probably in the minority, they are enough for me to steer clear. I didn't have the desire to buy another XFX product after my 5850 RMA, and I especially don't now. Double lifetime warranty isn't that great when you got to fight for it.
Also, for all those who say it isn't XFX's fault, it isn't. HOWEVER, it's their responsibility to make sure the replacement card got into the owners hands. Fedex fucked up, XFX should have dealt with Fedex about it while still giving the OP his card. It always should work that way, why it didn't is just laziness on both companies parts. Especially when the OP's background story of him not going to be there was already in place. I mean, talk about irresponsible laziness..
I've had my own bad experience with XFX. While stories like this are probably in the minority, they are enough for me to steer clear. I didn't have the desire to buy another XFX product after my 5850 RMA, and I especially don't now. Double lifetime warranty isn't that great when you got to fight for it.
EliteComputerBuilds
Limp Gawd
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That blows, I only ever had one problem with XFX. I RMA's a 4890 and they sent me back a DOA. They then shipped me another in advance so I didnt have to wait. Sorry to hear the nightmare story..
enyceexdanny
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Hope it works out. But damn, XFX lost some credibility with me.
WabeWalker
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Huh? It has nothing whatsoever to do with XFX, no matter what promises were made. As soon as XFX sent the card in the mail 100% of the responsibility for that card being properly delivered was put in the hands of Fed Ex.
So you're telling me that if you sold a card on e-bay, and said to a guy, "I'll ship that card out to you tonight," and then sent the card via Fed-ex, who then dropped the card off at the wrong location, you'd take responsibility and buy a new card?
Um, no you wouldn't.
What you'd do is bitch like crazy to Fed-ex. You're not going to pony up five hundred dollars for a mistake made by some damned Fed-ex driver. And neither should XFX.
But XFX did send it ground instead of overnight correct? If that is true it would be XFX fault also.
Spare-Flair
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This is kind of strange to me, that people are banging on XFX for this.
They have already gone above and beyond what most vendors would do, they have already provided a replacement. If a CS rep offered overnight service (seems a bit ambiguous in the last two pages), that's already going above and beyond normal service. Somebody in the shipping department made a mixup and it was sent out via ground shipping instead, that's too bad but it was still shipped and delivered to the courier to deliver it to the recipient. It's new Fedex's responsibility to get it to the customer. If they weren't able to deliver (OP had moved), it's their responsibility to return it to the sender. The customer even requested a hold which was promised by Fedex and it was ignored. Ultimately, the package vanished into thin air as it was delievered to and signed for by someone unknown who has basically stolen the videocard in this transaction.
You guys have some very high expectations, saying that XFX loses credibility and that you won't buy their cards. What's a better vendor? Look at this horror story with HIS:
http://www.xtremesystems.org/forums/showthread.php?t=249730
They refuse RMA, try to BS that he has to RMA through the store he bought it from (after a year had passed), after a month of back and forth and him mailing the card to the store he bought it from, then HIS tell him he has to ship to back to China, etc. and it gets worse.
If XFX does clear this up, that would be a remarkable move that you rarely see from anyone, because they are basically sending out two free cards.
They have already gone above and beyond what most vendors would do, they have already provided a replacement. If a CS rep offered overnight service (seems a bit ambiguous in the last two pages), that's already going above and beyond normal service. Somebody in the shipping department made a mixup and it was sent out via ground shipping instead, that's too bad but it was still shipped and delivered to the courier to deliver it to the recipient. It's new Fedex's responsibility to get it to the customer. If they weren't able to deliver (OP had moved), it's their responsibility to return it to the sender. The customer even requested a hold which was promised by Fedex and it was ignored. Ultimately, the package vanished into thin air as it was delievered to and signed for by someone unknown who has basically stolen the videocard in this transaction.
You guys have some very high expectations, saying that XFX loses credibility and that you won't buy their cards. What's a better vendor? Look at this horror story with HIS:
http://www.xtremesystems.org/forums/showthread.php?t=249730
They refuse RMA, try to BS that he has to RMA through the store he bought it from (after a year had passed), after a month of back and forth and him mailing the card to the store he bought it from, then HIS tell him he has to ship to back to China, etc. and it gets worse.
If XFX does clear this up, that would be a remarkable move that you rarely see from anyone, because they are basically sending out two free cards.
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But isnt all what they are doing after the fact someone like Kyle has to get involved pointing out the problem to them to get it fixed?
i never thought of not buying xfx through this whole thing tho it did seem strange they would not help dispute the fed ex delivery, it was a mistake by fed ex not xfx, espessially since they never said overnight tho a late delivery on Friday and arrives Monday would be overnight in my mind too since there is a cut off time on Friday for next day etc.. Two big things to consider no matter who you rma with, leave note on your door that says dont leave the shit on my porch and dont move while rma wait to rma!
FedEx Saturday delivery is not considered Overnight Delivery. There's a separate charge for it. Anyone who asks for Overnight Delivery on a Friday will have their package delivered on Monday unless you specifically ask for Saturday delivery.
So, no, just because they deliver on Saturday doesn't mean that it's considered overnight.
Spare-Flair
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We have no solid proof that Kyle's intervention was the ultimate motivation for them in getting it fixed. The [H] XFX rep might have passed this thread onto someone before then, or a combination of factors. We don't even know at this point what their position is as we only know they left the OP a few phone messages.
The OP himself said he shouldn't have dragged the customer service rep's name into the mudslinging. I've done that sort of work before and when you are a CS rep, you have very limited powers and he might not have known what to do once Fedex denied the claim, therefore the company's inaction on that part.
I think what's going to happen is that somebody higher up with XFX is going to push the claim again with Fedex to recoup their losses if they do reimburse the OP with another card.
Yes I am sure it was all a huge coincidence. Changing from the it is not our problem attitude to four phone messages is absolutely no change in position. Do you believe they were just calling him to tell him they still believe it is FedEx's problem?
SPARTAN VI
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Yes, you would. Perhaps not buy a new card, but you (seller) would refund the buyer then open a claim with the courier.
Source: Ebay seller shipping policy
Also see UCC 382-A:2-401 Passing of Title; Reservation for Security; Limited Application of This Section:
Source: Link
The seller assumes responsibility. Of course, the seller would likely work with the courier to recover the item (maybe even the value of the item if insured), but this should be transparent to the buyer. Don't believe it's the buyers responsibility to go after the courier.
There are exceptions when shipping Freight on Board (FOB), which defines when responsibility is transferred from buyer to seller. Any law practitioners or majors would be very much welcome.
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Digital Viper-X-
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It's up to XFX to insure the package, and file a claim if something happens(which it did) that's leaving aside the fact that the XFX Rep was informed that the receiving end would be moving shortly. So it is up to XFX to resolve the issue, and file a claim with fedex. Not the buyer which has no say in the matter since the didn't pay fedex to ship the package.
I say Kudo's to XFX. This is a unique situation, how often to they send RMA's to people that are moving 2-3 business days after they request a new card.
So basically what I know is that as long as I'm not requesting an RMA for a new card to be sent somewhere I don't live then it will arrive within about 3-4 business days and if for some crazy reason I get ripped off through negligence from Fedex then XFX will send me a brand new card too.
Really I'm not surprised it took them a few days to make this decision because from their point of view they are setting a precedent. Think about it, now if I go RMA my card and have someone else sign for my card when it arrives I can claim that I didn't sign for my card and that it never arrived. Fedex will say they delivered the card to the location on the waybill and it was signed for just like in this situation.
XFX needs to take great care in analyzing these situations to make sure they are not being ripped off. Remember you are hearing this from one side of the story with their recollection of events. Already the whole overnight shipping was an assumption. You cannot condemn a company based on one person's side of a story about how this went down and based on the things we can actually prove occurred XFX handled this well in my opinion.
So basically what I know is that as long as I'm not requesting an RMA for a new card to be sent somewhere I don't live then it will arrive within about 3-4 business days and if for some crazy reason I get ripped off through negligence from Fedex then XFX will send me a brand new card too.
Really I'm not surprised it took them a few days to make this decision because from their point of view they are setting a precedent. Think about it, now if I go RMA my card and have someone else sign for my card when it arrives I can claim that I didn't sign for my card and that it never arrived. Fedex will say they delivered the card to the location on the waybill and it was signed for just like in this situation.
XFX needs to take great care in analyzing these situations to make sure they are not being ripped off. Remember you are hearing this from one side of the story with their recollection of events. Already the whole overnight shipping was an assumption. You cannot condemn a company based on one person's side of a story about how this went down and based on the things we can actually prove occurred XFX handled this well in my opinion.
I think XFX would looked a lot better if they would have been more willing to deal with Fedex to make things right.
I know when I ran a business, if I customer did not received an item I would not have simply allowed my customer to have to deal with a non-delivered item. I would have insured the item, worked on a claim, and done my best to work with the customer against the shipping company to get things corrected.
I know when I ran a business, if I customer did not received an item I would not have simply allowed my customer to have to deal with a non-delivered item. I would have insured the item, worked on a claim, and done my best to work with the customer against the shipping company to get things corrected.
Spare-Flair
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They tried to. Fedex denied the claim from XFX. Remember also, we're only hearing one side of the story from the 3 parties here. We don't know what's going on with XFX or Fedex or why Fedex denied the claim.
FedEx does not operate over the weekend for any of my shipments...bottom line I was told Monday and they missed that by quite a bit. But yeah I assumed that was over night by what I was told...but they didn't even hold true to what I was told. So maybe you just need to bug out of this thread uhhhhh bro...
Bottom line I was told it would arrive Monday by XFX and not to worry about it. Guess what they missed that by two days. Then told me to very nicely go screw yourself. What does that say about them? And lets not forget the first DOA that lead to this issue. I agree its a perfect storm that came together on this...but come on the XFX fanboy's are standing out here.
misan-thrope
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XFX is liable to make sure the product arrives into the consumers hand, just like if you bought something from Newegg and their delivery got screwed up, NEWEGG would issue the refund, not fedex/UPS/etc. It is the responsibility of the shipper to go after the shipping company.
I pray all you people that are saying it's fedex fault never trade on this forum, I would feel bad for your customer.
I pray all you people that are saying it's fedex fault never trade on this forum, I would feel bad for your customer.
So I'm supposed to know when a company is not following all their established procedures in facilitating a request for a customer...at no time did they mention such a form...but my fault right...whatever.
Ummm youre right I should just take it in the back end. I'm sure you would still feel this way if it happened to you right....
Perhaps they should hire you as a lawyer...I'm kind of done replying to XFX damage control or just plain fanboyism here. FedEx denied the claim because they are a large corporation that can basically say fu. They have done it on claims to me in the past on items I sold and shipped out. Its pretty obvious the ball got rolling after Kyle posted. Thats enough proof to me that his intervention had something to do with it.
SPARTAN VI
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Boy, you sure have bad luck. I average probably 5 to 10 parcels with FedEx a week for the past 10yrs and never ever have had to file a single claim, let alone have one denied.
Probably due to the part of the country where you live maybe, I dunno. Just saying though, you are having bad luck if this is not the first time this has happened to you.
So if you were the seller and paid for signature confirmation/tracking, delivery company showed the correct person signed for it, and buyer said he did not recieve it you would send another product out on your own dime? I consider myself a nice guy, and I would help the buyer for sure, but I can't see many people living up to this expectation.
If I didn't pay for tracking, insurance, or shipped poorly I would say that's my bad and I do own the issue. In this case XFX should have been on the ball and offered to investigate the issue further versus telling the customer to piss off. I would also expect more from a company versus just an individual. In many cases larger companies choose to not purchase carrier insurance and just expect to replace so much per year.
I believe fedex is at fault for loosing the card and not holding the package as request.. XFX for not taking in consideration the persons concern with his move and replacement when it was discussed.
Personally I always ship with tracking, and direct signature for high value items. However, If I showed it was delivered and had the signature of the receiver (I understand this can be fraudulant), I know I would have a hard time going out and buying another one and sending it out if the buyer said he didn't receive it. If this is the expectation, I guess I shouldn't be trading
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Silverghost
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I personally would have waited till after I moved to deal to RMA. It's just to risky to do at the same time your are moving.
SPARTAN VI
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I'm pretty sure it's not an expectation; it's the law. Seller is liable until the title has transferred to the buyer:
Source: Link
However if you have signature confirmation from the buyer and tracking information to prove it was delivered, what other information is there to dispute the transaction did not take place?
I would find it hard pressed to see any individual in small claims court debate they did not receive it, when you have tracking and a signature that shows otherwise. Even crooks like paypal use this to determine if the buyer took ownership of the product.
That's the whole point of signature confirmation. Example for rebates and Tax forms it's best to get signature confirmation of delivery. If the IRS or Rebate Company indicates they did not receive your forms, you can state otherwise with this information. Your indicating the opposite.
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common man
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i hold fed ex responsible too. from my own personal experience, they have twice dropped a package to the wrong address and gotten a signature that was not mine or from anyone that i know. one time this happened for a dell 2209wa! to be fair, i understand that fed that it is a bit of a task to ask for ID for every delivery. but surely they can ask the receiver if he's familiar with the person for whom the package is for.
i can understand why xfx wants to throw the $400+ hot potato on someone else but they should have taken charge here. they did disappoint immensely. i just don't know why they skimped out in the change of address. but yes, fedex is very sloppy.
i can understand why xfx wants to throw the $400+ hot potato on someone else but they should have taken charge here. they did disappoint immensely. i just don't know why they skimped out in the change of address. but yes, fedex is very sloppy.
SPARTAN VI
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Tracking information is only updated when the package is scanned at the various check points to its destination. I wouldn't argue that it proves a package was delivered. The signature, on the other hand, is "proof" but refutable if the claimant can prove there was a forgery. I've attached an affidavit earlier in this thread for that purpose. I'm no lawyer, but I deal with fraud/forgeries on a daily basis at my work.
I don't see how the above example is relevant. Are you referring to a shipment of a payment voucher? Apples and oranges.
You misunderstood what I was saying. I was saying you trusted them to stand by their word. Too many hands in the cookie jar just to trust them at their word.
FedEx is at fault. XFX isn't. If they decide to give you another card, it's not because they have a legal reason forcing them to.
I've never owned a single product from XFX. Going public might get you a replacement vs. allowing fanboys of other manufacturerers using it as a stain against them.
The driver faked the signature of an individual who I sold motherboards too of this forum. He called from his work saying that they were showing delivered but he was not home to sign for it. The drivers story was that some old lady was sitting in her car in the driveway and came out and signed for it. The reason that no name was put down was that she mumbled and he couldnt understand her. The signature also looked similar to the BS sig that was on this issue. FedEx bought the drivers story, in the end they just dont seem to give a crap.
Said before and I will say it again. One I started the RMA well over a month ago. Two the first card was DOA thus the need for yet another RMA stretching out the timeline, three I didn't know I would have to move as soon as I did. So this point in invalid.
I misunderstood the statement you were making. However if you read it again you might see why I took it as such. However, I apologize for taking it out of context.
I agree tracking is not proof by itself, but if you have signature confirmation as well I'm unsure how the buyer can proove otherwise that he did not receive it. He would have to prove that his signature was not his, have proof he was at another location at the time that it was signed, and etc. The Seller has all the evidence on his side with very little on the buyer.
As to the second question, not as to payment, but proof the documents were delivered to the destination.
I'm not a lawyer either, but trying to take a look at both sides. It appears some people believe "direct signature confirmation" does not equal delivery. I believe it does unless the buyer can proove otherwise, outside of just verbal.
Obviously there is more to a transaction than tracking with signature confirmation, and the responsibility of the seller should not end there. It should match the listing, condition as described, well package, and adhere to the conditions of the sale (example DOA warranty and etc). However, I think tracking with signature is the standard as proof the item was delivered.
Crap happens and I'm more concerned with the business practices of Fedex than I am with XFX in this case. If anything, if it were HIS or Saphire I'm sure the OP would still be waiting on the first replacement.
It's not that I have no remorse for the op. I had similar issue with going out of town and getting a replacement part from Dell. I hesitated requesting the replacement for this very reason, but figured I would get it out of the way before the trip. I did request that they delay shipment until the following week as I would be out of town. The rep indicated this would not be an issue as they ship ground with 5-7 days, so even if they shipped on monday the soonest it would arrive is the following monday. When I returned from my trip I found a water logged box sitting in front of my door that contained my replacement motherboard. Looking at tracking I verified it was shipped ground, but from a local distribution center, so it was delivered on Tuesday and sat there for 6 days in the rain.
Was I pissed? Yes, but a the same time I should of known better than to rely on a CS agent following a script to put my concerns first.
I don't fault the OP as it appears he did everything he could to avoid it after realizing the shipping method. Fedex dropped the ball by not holding his package as he requested. If the signature confirmation was not requested by XFX, I believe we would all agree XFX would be the responsible party. However, the signature was requested and fedex obtained one.
XFX is going above what is necessary in this case to replace this part that shows it was delivered with a signature. For a large company I belive this is great customer service, but I don't agree with the opinion that this is a standard with individual buyer/seller transactions.
I have a hard time thinking anyone in the For Sale forum in XFX's position would buy another HD5870 to send to the buyer if they had tracking and direct signature confirmation. I would work with the buyer, but unfortunately unless he can prove that was not his signature with fedex (ie at work with witnesses) I'm afraid one of us would be SOL. I know if paypal was contacted they would side with the seller in this case. I hope it never happens and I would hate to be on the buying end of that transaction, but if I were I would definetly get all the evidence I could to proove otherwise.
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