Follow along with the video below to see how to install our site as a web app on your home screen.
Note: This feature may not be available in some browsers.
It does not matter that FedEx messed up (and they did), it is still XFX that is liable, and they must replace the card for the OP. Even though the party highered by XFX to deliver the card lost the card, this does not release XFX from their obligation. FedEx owes XFX compensation, not the OP.
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.
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.
Fedex Operates on the Weekend. So if they said overnight on friday, you would of had it Saturday.
So Either they didnt tell you overnight or you ASSUMED it was overnight since you said it would be there Monday.
So which was it, they told you overnight? or you ASSUMED it would be overnight since you THOUGHT since it would be there monday it was overnight?
This sounds like a FEDEX screw up and not XFX. Again from what you said "Well okay but if you tell me that its shipping Friday and will arrive Monday that appears to be overnight to me"
So you THINK it was overnight?....Sounds like you might be stretching the truth a bit bro....
I too had this GSOD issue with my XFX 5870. I sent it monday, and they received it today (they had to sign for it).
I will let you know how my experience goes.
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?
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.
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.
the seller is responsible for the item until it is in the buyer's possession. eBay protects buyers if items arrive damaged, and sellers should consider insuring their items to protect themselves against loss.
(2) Unless otherwise explicitly agreed title passes to the buyer at the time and place at which the seller completes his performance with reference to the physical delivery of the goods, despite any reservation of a security interest and even though a document of title is to be delivered at a different time or place; and in particular and despite any reservation of a security interest by the bill of lading
(a) if the contract requires or authorizes the seller to send the goods to the buyer but does not require him to deliver them at destination, title passes to the buyer at the time and place of shipment; but
(b) if the contract requires delivery at destination, title passes on tender there.
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.
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.
Fedex Operates on the Weekend. So if they said overnight on friday, you would of had it Saturday.
So Either they didnt tell you overnight or you ASSUMED it was overnight since you said it would be there Monday.
So which was it, they told you overnight? or you ASSUMED it would be overnight since you THOUGHT since it would be there monday it was overnight?
This sounds like a FEDEX screw up and not XFX. Again from what you said "Well okay but if you tell me that its shipping Friday and will arrive Monday that appears to be overnight to me"
So you THINK it was overnight?....Sounds like you might be stretching the truth a bit bro....
I too had this GSOD issue with my XFX 5870. I sent it monday, and they received it today (they had to sign for it).
I will let you know how my experience goes.
I'm of the opinion that the fault was with your courier and not with XFX - nevertheless, if you insist that the problem was with them, then you're not helping them out any by posting this. That's great that you were able to get somebody associated with a review website to help you out - but is Kyle going to help me out as well if I have a problem? What about the thousands of other people who visit this site - are they going to get special attention as well?
If the fault really was with XFX, and this is what it takes in order to get them to help you, then what does that say about XFX?
FedEx is in the fault. My guess if you had asked for a signed card stating the package would be held for a pickup, it would have been held. You made the mistake of trusting the clerk's word for it.
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.
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.
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.
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.
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.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.
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.
(2) Unless otherwise explicitly agreed title passes to the buyer at the time and place at which the seller completes his performance with reference to the physical delivery of the goods, despite any reservation of a security interest and even though a document of title is to be delivered at a different time or place; and in particular and despite any reservation of a security interest by the bill of lading
(a) if the contract requires or authorizes the seller to send the goods to the buyer but does not require him to deliver them at destination, title passes to the buyer at the time and place of shipment; but
(b) if the contract requires delivery at destination, title passes on tender there.
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'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?
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.
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.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.
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.
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.
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.
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.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.