David
Member since: Jan 6th, 2006
David's Latest Comments
Blog Activity
| Blog | # of Comments |
|---|---|
| Joystiq | 5 Comments |
| Engadget | 10 Comments |
| Joystiq Xbox | 2 Comments |
Member since: Jan 6th, 2006
| Blog | # of Comments |
|---|---|
| Joystiq | 5 Comments |
| Engadget | 10 Comments |
| Joystiq Xbox | 2 Comments |
Engadget's recession antidote: win a Joby Gorillapod Original!
Jul 9th 2009 2:29PM (Engadget)Engadget's recession antidote: win one of 100 Microsoft Windows 7 pre-order discount codes!
Jun 25th 2009 1:10PM (Engadget)Samsung intros 19-inch SyncMaster 931BW LCD monitor
Oct 17th 2007 5:15PM (Engadget)Here's my story (warning: it's quite long):
My one-month old Samsung computer monitor (SyncMaster 245BW), which I used for gaming, started acting up on me a few weeks ago. I went through Samsung's warranty/exchange process, which required me to bring in my monitor to a UPS store and exchange it with a new one once it arrived. And that's what I did last Friday.
It turns out that the UPS Store manager gave me someone else's monitor (same screen size, different model - 244T, refurbished but with slightly better features - and thus would be more expensive if brand new, but now that's questionable as it is refurbished. Nevertheless, I'm happy with it.) Of course, I didn't know at the time that it was supposed to go to someone else.
She called me on Monday morning to tell me to return the refurbished monitor to the store. She said my assigned monitor was coming in a couple of days. I got a similar call from Samsung. I conferred with a lawyer-relative, who told me that what they're doing is unacceptable: first, my month-old monitor breaks down. Then I wait 3 weeks to get a new one and incur costs going to the UPS Store (via zipcar). Then I would have to go to the store once, possibly twice more (once to drop off the "wrong" monitor, another time to pick up the right one) all to ameliorate someone else's mistake, someone else's negligence? This was no "benefit of the bargain," no being "made whole."
So I started fighting back. I called Samsung to try to get them to arrange for home delivery and pickup of the proper monitors. Failing that, I asked that they reimburse me for the car rental.
They balked. They were also quite rude. They said it was UPS' mistake, and that they're not liable. I told them UPS was their sub-contractor, and the laws of agency make them vicariously liable for UPS' negligence. This fell on deaf ears.
I called the UPS Store manager, but of course she was being as rigid as ever and refused to arrange home delivery, saying it wasn't an option. I then called UPS Corporation, and the phone rep was incredulous that she didn't offer home delivery (apparently it was the obvious choice in such a situation).
At this point, I looked into my rights and found out that the doctrine of "good faith purchase of goods" allows a purchaser (which includes me) to keep property that he transacts for, in good faith, with a merchant, even if that property belongs to someone else. The reason behind this doctrine is that, as between the merchant and the consumer, the merchant should be held liable because only he has the institutional capacity to check for good title. Moreover, the law should instill confidence in commerce by giving people the peace of mind that what they buy is theirs.
Long story short... Samsung called back and was now willing to hear me out, knowing that I could be exercising my right to keep the monitor. They were willing to arrange home delivery, pay for reimbursement, whatever. I told them that the ten-dollar car rental was not important, and all I ever wanted was to be heard, to be reasoned with, to be treated with respect (I'm omitting the parts where two clerks and a supervisor all but hung up on me). I told Samsung that I'd been a loyal customer up to now, and that this was no way to treat their customers. I told them I wasn't adding conditions to any new monitor exchange, but that if they wanted to earn back my trust as a future customer, they had better "do the right thing." I didn't specify what that "right thing" should entail.
I got a voicemail message two hours later telling me they decided to "let" me keep the monitor. I don't consider this "doing the right thing," as this was already the status quo. I'm happy to be vindicated, but disappointed at having to resort to such naked assertion of my rights. This was completely avoidable by good, sensical customer service. So my advice to you is avoid Samsung at all costs.
Joyswag: Joystiq's Legendary Halo 3 Giveaway
Sep 29th 2007 9:18PM (Joystiq)Fanswag: Win (almost) every 360 accessory ever [update 2]
Sep 13th 2007 4:01PM (Joystiq Xbox)Joyswag: BioShock Xbox 360 faceplate & t-shirt
Aug 15th 2007 1:53PM (Joystiq)Black on black: Xbox 360 Elite vs PS3, which is more 1337?
Apr 26th 2007 4:56PM (Engadget)Video Game Decency Act: saving the children, or one-way ticket to tyranny?
Apr 9th 2007 7:47PM (Joystiq)or...
The slippery slope starts at the bottom and leads to bullsh...
Keepin' it real fake, part XLVII: "Offline" Google store
Feb 26th 2007 1:11PM (Engadget)Xbox 360 Qee Giveaway - Day 1 [update 1]
Jan 16th 2007 12:43PM (Joystiq Xbox)