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Little over a year ago, I purchased a new computer from CyberPowerPC dot com. It was the holiday season, and they were so swamped they offered discounts to those that would wait. So I took advantage of that discount and ordered. It arrived at my house Dec 24, 2010.

It gave me trouble from day one. Wouldn't come up, crashing, BSOD, etc. I worked with it and lived with as long as I could, but finally in Dec 2011, both CyberPower and I agreed it would be returned and fixed for good. This is the FIRST THING wrong IMO. I'm pretty sure CyberPowerPC was so swamped during the time period mine was built they were just slapping them together and shipping them out and worrying about consequences later. If they had not sent me a defective product, it never would have had to be returned in the first place.

I shipped it back on Dec 9, 2011 from my home in Virginia to CP in California via UPS. That's the last time i've seen my computer (other than photos). Got an email on Dec 16, 2011 saying it was badly damaged during shipping and I needed to make a claim. Email included photos and it was beat to hell. The box looked like it had been run over. The case was broken into pieces (literally), and the inside hard steel metal frame was bent in three places. It's obvious it fell out of the box (the top of the box had been resealed) at some significant distance onto a hard surface. Because it would take a significant blow to bend that steel metal frame in three places.

I informed UPS of the damage on or about Dec 20. They inspected the package and were trying to say it was my fault for improper packaging even though I packaged it in the EXACT SAME BOX it had come to me in. Upon searching these intertoobz, I discovered this was almost always UPS's motif. This is the second thing that was wrong. UPS trashed my computer and then tried to blame it on me.

I started posting on CyberPowerPC forums about this, about how wrong this was, and about how I wasn't sure about the entire computer due to taking the blows it took. I was afraid (and still am) that blows hard enough to bend the frame could easily have jarred something loose on say the hard drive, or the video card fans, or the liquid cooler. And how if they failed three or six months after getting my computer back I would be responsible for those costs even though they were related to the UPS damage. I was thinking I was entitled to have the whole thing replaced, but wasn't sure.

For whatever reason, UPS NEVER made an official offer and then in March "reinspected" the package and this time determined they were at fault and wanted me to file a claim with an amount on it. CyberPowerPC at this point called me on the phone and told me that if UPS declined to pay for damages, I would be responsible for ALL of the damages, even what was wrong in the first place that required it had to be sent back, because my warranty was voided due to the beating it took. I was flabbergasted, and asked to speak to his supervisor, who transferred me to corporate headquarters where I was told the same thing. CyberPowerPC even posted in one of my threads that they supported me on claiming the whole thing due to the damage.

So, with those things in mind, and knowing that if my warranty was voided I certainly was entitled to the whole thing being replaced because just fixing it but having the warranty voided would have left me worse off than before. So, I claimed the entire amount minus shipping costs and the costs of some items that weren't shipped back and weren't damaged.

UPS responded by saying they needed a letter, on CyberPowerPC letterhead, explaining why the whole thing needed to be replaced OR with an estimate of how much it would cost to repair. So I told CP this, and told them all they needed was a one sentence letter saying it should be replaced because my warranty was being voided on the other one.

They refused. This was another major, major wrong IMO, as I was told in person over the phone by TWO people that my warranty was being voided. And then they even refused to provide ANY letter at all, saying if it was up to me to pay to have it shipped somewhere else to get an estimate. The whole problem here, IMO, is that CP uses UPS as it's SOLE SHIPPER, and I'm sure gets discounted rates. And I'm sure they didn't want to piss off UPS by saying the whole machine required replacing and they didn't want to piss me off by saying it didn't, so they refused to do any kind of letter at all.

And now, UPS AGAIN inspected, AGAIN admitted responsibility, and AGAIN asked for a letter with an estimate of the cost to repair. This time CP agreed (I'm told) and will put down an amount to replace the case only. And if and when I get it back, I will responsible for anything that fails after that.

Now if anyone has read this far, I ask: It's been over FOUR FUCKING MONTHS, almost 5 now, without a computer I owned and paid for, AND I was basically lied to by CP and tried to get taken advantage of by UPS (by initially claiming it was my fault) and I am STILL no closer to having my comoputer back. So I ask, do you agree that I'm entitled to the whole thing being replaced NOW after all that has happened.

And if there any lawyers reading this, please, please, please contact me. I had a lawyer, but she has bailed on me.

This is so fucking wrong. And I"m disabled and it's computer gaming that gets me through the long days and that's why my family got together and bought me that new, $3,000 supercomputer with all the latest in CPU and graphics cards.

IMO, this is just WRONG. And yet, it looks like there is nothing I can do about it. And this is why, IMO, you hear about so many people in the US totally losing it and going on these whacko shooting sprees and shit. People just can't stand to feel powerless. And now I do, and I don't fucking like it one bit.

Thanks for reading as I just needed to get this off my chest. And seriously, if any lawyer is reading this that might be willing to help, please contact me at oldefatguy (notice the "e" after old) at the Yahoo dotted com thingy.

Thank you.
Post edited April 21, 2012 by OldFatGuy
I'm just glad you finally got an avatar :)

seriously, my friend, i feel your pain
I'm gonna say 1 thing: That is why I hate corporations.
avatar
OldFatGuy: Little over a year ago, I purchased a new computer from CyberPowerPC dot com. It was the holiday season, and they were so swamped they offered discounts to those that would wait. So I took advantage of that discount and ordered. It arrived at my house Dec 24, 2010.

It gave me trouble from day one. Wouldn't come up, crashing, BSOD, etc. I worked with it and lived with as long as I could, but finally in Dec 2011, both CyberPower and I agreed it would be returned and fixed for good. This is the FIRST THING wrong IMO. I'm pretty sure CyberPowerPC was so swamped during the time period mine was built they were just slapping them together and shipping them out and worrying about consequences later. If they had not sent me a defective product, it never would have had to be returned in the first place.

I shipped it back on Dec 9, 2011 from my home in Virginia to CP in California via UPS. That's the last time i've seen my computer (other than photos). Got an email on Dec 16, 2011 saying it was badly damaged during shipping and I needed to make a claim. Email included photos and it was beat to hell. The box looked like it had been run over. The case was broken into pieces (literally), and the inside hard steel metal frame was bent in three places. It's obvious it fell out of the box (the top of the box had been resealed) at some significant distance onto a hard surface. Because it would take a significant blow to bend that steel metal frame in three places.

I informed UPS of the damage on or about Dec 20. They inspected the package and were trying to say it was my fault for improper packaging even though I packaged it in the EXACT SAME BOX it had come to me in. Upon searching these intertoobz, I discovered this was almost always UPS's motif. This is the second thing that was wrong. UPS trashed my computer and then tried to blame it on me.

I started posting on CyberPowerPC forums about this, about how wrong this was, and about how I wasn't sure about the entire computer due to taking the blows it took. I was afraid (and still am) that blows hard enough to bend the frame could easily have jarred something loose on say the hard drive, or the video card fans, or the liquid cooler. And how if they failed three or six months after getting my computer back I would be responsible for those costs even though they were related to the UPS damage. I was thinking I was entitled to have the whole thing replaced, but wasn't sure.

For whatever reason, UPS NEVER made an official offer and then in March "reinspected" the package and this time determined they were at fault and wanted me to file a claim with an amount on it. CyberPowerPC at this point called me on the phone and told me that if UPS declined to pay for damages, I would be responsible for ALL of the damages, even what was wrong in the first place that required it had to be sent back, because my warranty was voided due to the beating it took. I was flabbergasted, and asked to speak to his supervisor, who transferred me to corporate headquarters where I was told the same thing. CyberPowerPC even posted in one of my threads that they supported me on claiming the whole thing due to the damage.

So, with those things in mind, and knowing that if my warranty was voided I certainly was entitled to the whole thing being replaced because just fixing it but having the warranty voided would have left me worse off than before. So, I claimed the entire amount minus shipping costs and the costs of some items that weren't shipped back and weren't damaged.

UPS responded by saying they needed a letter, on CyberPowerPC letterhead, explaining why the whole thing needed to be replaced OR with an estimate of how much it would cost to repair. So I told CP this, and told them all they needed was a one sentence letter saying it should be replaced because my warranty was being voided on the other one.

They refused. This was another major, major wrong IMO, as I was told in person over the phone by TWO people that my warranty was being voided. And then they even refused to provide ANY letter at all, saying if it was up to me to pay to have it shipped somewhere else to get an estimate. The whole problem here, IMO, is that CP uses UPS as it's SOLE SHIPPER, and I'm sure gets discounted rates. And I'm sure they didn't want to piss off UPS by saying the whole machine required replacing and they didn't want to piss me off by saying it didn't, so they refused to do any kind of letter at all.

And now, UPS AGAIN inspected, AGAIN admitted responsibility, and AGAIN asked for a letter with an estimate of the cost to repair. This time CP agreed (I'm told) and will put down an amount to replace the case only. And if and when I get it back, I will responsible for anything that fails after that.

Now if anyone has read this far, I ask: It's been over FOUR FUCKING MONTHS, almost 5 now, without a computer I owned and paid for, AND I was basically lied to by CP and tried to get taken advantage of by UPS (by initially claiming it was my fault) and I am STILL no closer to having my comoputer back. So I ask, do you agree that I'm entitled to the whole thing being replaced NOW after all that has happened.

And if there any lawyers reading this, please, please, please contact me. I had a lawyer, but she has bailed on met.

This is so fucking wrong. And I"m disabled and it's computer gaming that gets me through the long days and that's why my family got together and bought me that new, $3,000 supercomputer with all the latest in CPU and graphics cards.

IMO, this is just WRONG. And yet, it looks like there is nothing I can do about it. And this is why, IMO, you hear about so many people in the US totally losing it and going on these whacko shooting sprees and shit. People just can't stand to feel powerless. And now I do, and I don't fucking like it one bit.



Thanks for reading as I just needed to get this off my chest. And seriously, if any lawyer is reading this that might be willing to help, please contact me at oldefatguy (notice the "e" after old) at the Yahoo dotted com thingy.

Thank you.
Quit playing with them, they are trying to get you to sign off on rights you have, for a lousy case.

I don't know what your correspondence has been, but simply state that you want your pc replaced, as that is what you paid for.

Send a copy to the manufacturer, and ups as well.

Indicate that while you understand that there seems to be an argument over who is at fault, it is between those two parties, not you, and you will file in small claims court and name each as defendants unless some resolution can be made within 10 business days.

Forward all correspondence you received, from both parties, to all, and include your name, phone number, and email in case they have any questions they wish to ask of you.

Do not become emotional, just state fact and follow through. Make sure you also indicate exactly what it is that you are seeking, that the costs of the action will be added, and wish them a good day for their time and consideration.

If they do not perform, file as you stated, then sit back and watch who the court sticks with this major lack of professional responsibility.

Edit, formatting

Edit to add: You stated 'a little over a year ago', you may be sol dependent upon the law in your state. If a continual process without a break, you may have a chance even if outside the time limitations, but if not, afraid you might be screwed.
Post edited April 21, 2012 by Dischord
If it helps at all, I'm happy to advise you on building a new rig. You can get a really good gaming rig for ~500 bucks if you look for deals. Much much cheaper than cyberpower or whatever. And you'd have complete control over how it gets put together, instead of leaving it to someone else who might screw it up.
What started out as a simple ship back ended up being a complex and frustrating experience. Sorry of the way you were treated of this whole incident and not having a computer. Having to read that you rely on computer gaming to get through the days and your family chipped in for this computer made me feel bad and sorry. Do hope for a positive outcome and that this will be resolved.
Post edited April 21, 2012 by EverettLamb
That's terrible :( I hope you can get it all sorted soon.
These computer companies operate on pretty thin margins, I never expect good service from them unless I pay extra for it up front. I'm sorry to hear of your cashflow loss, though, sucks for sure.

UPS should have done a much better job, I'm almost never impressed with them these days. I've had packages delivered multiple times this year with the outer box absolutely destroyed and in tatters. Fuck those guys seriously. I never intentionally give them my business.
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oasis789: If it helps at all, I'm happy to advise you on building a new rig. You can get a really good gaming rig for ~500 bucks if you look for deals. Much much cheaper than cyberpower or whatever. And you'd have complete control over how it gets put together, instead of leaving it to someone else who might screw it up.
I second this. Learning to build a computer can be scary, but its a better way to go.
Fuck man. Do exactly what Dischord said, just send a letter to all parties repeating what you need and saying you expect a sensible and satisfactory answer within the next 7 or 10 business days or you will be forced to take legal action against them. If UPS sent you a letter where they admit their fault be sure to attach a copy. This kind of "getting serious" almost ALWAYS gets people on their toes and they start solving the problem.
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OldFatGuy: Little over a year ago, I purchased a new computer from CyberPowerPC dot com. It was the holiday season, and they were so swamped they offered discounts to those that would wait. So I took advantage of that discount and ordered. It arrived at my house Dec 24, 2010.

It gave me trouble from day one. Wouldn't come up, crashing, BSOD, etc. I worked with it and lived with as long as I could, but finally in Dec 2011, both CyberPower and I agreed it would be returned and fixed for good. This is the FIRST THING wrong IMO. I'm pretty sure CyberPowerPC was so swamped during the time period mine was built they were just slapping them together and shipping them out and worrying about consequences later. If they had not sent me a defective product, it never would have had to be returned in the first place.

I shipped it back on Dec 9, 2011 from my home in Virginia to CP in California via UPS. That's the last time i've seen my computer (other than photos). Got an email on Dec 16, 2011 saying it was badly damaged during shipping and I needed to make a claim. Email included photos and it was beat to hell. The box looked like it had been run over. The case was broken into pieces (literally), and the inside hard steel metal frame was bent in three places. It's obvious it fell out of the box (the top of the box had been resealed) at some significant distance onto a hard surface. Because it would take a significant blow to bend that steel metal frame in three places.

I informed UPS of the damage on or about Dec 20. They inspected the package and were trying to say it was my fault for improper packaging even though I packaged it in the EXACT SAME BOX it had come to me in. Upon searching these intertoobz, I discovered this was almost always UPS's motif. This is the second thing that was wrong. UPS trashed my computer and then tried to blame it on me.

I started posting on CyberPowerPC forums about this, about how wrong this was, and about how I wasn't sure about the entire computer due to taking the blows it took. I was afraid (and still am) that blows hard enough to bend the frame could easily have jarred something loose on say the hard drive, or the video card fans, or the liquid cooler. And how if they failed three or six months after getting my computer back I would be responsible for those costs even though they were related to the UPS damage. I was thinking I was entitled to have the whole thing replaced, but wasn't sure.

For whatever reason, UPS NEVER made an official offer and then in March "reinspected" the package and this time determined they were at fault and wanted me to file a claim with an amount on it. CyberPowerPC at this point called me on the phone and told me that if UPS declined to pay for damages, I would be responsible for ALL of the damages, even what was wrong in the first place that required it had to be sent back, because my warranty was voided due to the beating it took. I was flabbergasted, and asked to speak to his supervisor, who transferred me to corporate headquarters where I was told the same thing. CyberPowerPC even posted in one of my threads that they supported me on claiming the whole thing due to the damage.

So, with those things in mind, and knowing that if my warranty was voided I certainly was entitled to the whole thing being replaced because just fixing it but having the warranty voided would have left me worse off than before. So, I claimed the entire amount minus shipping costs and the costs of some items that weren't shipped back and weren't damaged.

UPS responded by saying they needed a letter, on CyberPowerPC letterhead, explaining why the whole thing needed to be replaced OR with an estimate of how much it would cost to repair. So I told CP this, and told them all they needed was a one sentence letter saying it should be replaced because my warranty was being voided on the other one.

They refused. This was another major, major wrong IMO, as I was told in person over the phone by TWO people that my warranty was being voided. And then they even refused to provide ANY letter at all, saying if it was up to me to pay to have it shipped somewhere else to get an estimate. The whole problem here, IMO, is that CP uses UPS as it's SOLE SHIPPER, and I'm sure gets discounted rates. And I'm sure they didn't want to piss off UPS by saying the whole machine required replacing and they didn't want to piss me off by saying it didn't, so they refused to do any kind of letter at all.

And now, UPS AGAIN inspected, AGAIN admitted responsibility, and AGAIN asked for a letter with an estimate of the cost to repair. This time CP agreed (I'm told) and will put down an amount to replace the case only. And if and when I get it back, I will responsible for anything that fails after that.

Now if anyone has read this far, I ask: It's been over FOUR FUCKING MONTHS, almost 5 now, without a computer I owned and paid for, AND I was basically lied to by CP and tried to get taken advantage of by UPS (by initially claiming it was my fault) and I am STILL no closer to having my comoputer back. So I ask, do you agree that I'm entitled to the whole thing being replaced NOW after all that has happened.

And if there any lawyers reading this, please, please, please contact me. I had a lawyer, but she has bailed on me.

This is so fucking wrong. And I"m disabled and it's computer gaming that gets me through the long days and that's why my family got together and bought me that new, $3,000 supercomputer with all the latest in CPU and graphics cards.

IMO, this is just WRONG. And yet, it looks like there is nothing I can do about it. And this is why, IMO, you hear about so many people in the US totally losing it and going on these whacko shooting sprees and shit. People just can't stand to feel powerless. And now I do, and I don't fucking like it one bit.

Thanks for reading as I just needed to get this off my chest. And seriously, if any lawyer is reading this that might be willing to help, please contact me at oldefatguy (notice the "e" after old) at the Yahoo dotted com thingy.

Thank you.
Same here Oldefatguy i'm on a Disability Support Pension for Asperger's Syndrome and other Maladies $730.80 a fortnight sucks.
It ain't for nothing that UPS is pronounced "Oops"...

Not that it will do you much good now, but here's how I deal with high-dollar shipments through UPS or FedEx: take it to the store and pay that extra amount to have them package it. Yes, it adds about $20-40 to the cost, but it seems to give better protection than even paying for the "insurance". Here's why:

- if it gets damaged in shipping, you've got a receipt from their own company saying that they packed it, not you,
- the insurance means squat if you packaged it, since they can claim you did a piss-poor job of it.

For double protection, let them package it and buy the insurance.

If you still want to package your own high-dollar stuff, then double-box things if you can. In this case, it would mean putting it back in the box you received the PC in, and then sticking that box inside a larger box. Yes, that means a pretty damn big box for the typical PC case. Sorry, but this is your best chance of making sure that it survives the trip, short of driving it there yourself.

Other than that, I like Dischord's idea. The only thing I would add is to send all correspondence as Certified Mail with a delivery receipt.
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Tychoxi: Fuck man. Do exactly what Dischord said, just send a letter to all parties repeating what you need and saying you expect a sensible and satisfactory answer within the next 7 or 10 business days or you will be forced to take legal action against them. If UPS sent you a letter where they admit their fault be sure to attach a copy. This kind of "getting serious" almost ALWAYS gets people on their toes and they start solving the problem.
One thing to be absolutely sure of...

Have the letter sent with Signature Confirmation. It'll cost you, but it will be worth it to be able to point to an exact person within their corporations that accepted the letter.
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OldFatGuy: snip
I’m sorry to hear about all the trouble you have had to go through.

UPS need to know what amount you claim is your loss – this will be either the cost of repairing the machine or its market value (at the time it was damaged – not when you bought it).

If you want the lesser of those amounts, then you need to provide some proof to UPS. If CP won’t give you the letter setting out the cost of repairs/value of machine, get a letter from a reputable computer repairer or some other person who can give an assessment and then provide it to CP.

If what you actually want is your money back or your machine replaced, you need to go after CP. In most Western countries, regardless of warranties, all goods are sold with an implied term that they are of merchantable quality and fit for purpose (basically, not crap) – there should be some consumer law in your state which provides for that. You’re going to have to do some research (google) to find out what it is – write to CP, explain that, regardless of what happened to the computer after you returned it, it wasn’t performing as required and you require a refund or replacement (quoting the provisions of the legislation helps). If they don’t respond, you’re going to have to consider legal proceedings, but with a claim for $3k it may not be worth getting lawyers involved.

A good strategy is similar to what Dischord has suggested, what you really want is for both CP and UPS to throw some money at you, hopefully enough to compensate you for your total loss. I wouldn’t be sending the same correspondence to each party though – your claims are distinct. If you really want to pursue it, consider writing separate letters to each – one to UPS with the costs of repairs/market value, and one to CP setting out why the machine was crap, why they have breached whatever consumer legislation you have and that you want a refund. If UPS offer you some money, deduct that amount from the purchase price you paid CP and make a proposal to CP for them to pay that amount to you.

I am not sure about suing both UPS and CP. In Australia, if you sue two people, succeed against one and lose against the other, you have to pay the legal costs of the person you lost to. That wouldn’t be an issue if you are in a small claims jurisdiction that doesn’t make costs orders – some do, some don’t.
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orcishgamer: These computer companies operate on pretty thin margins, I never expect good service from them unless I pay extra for it up front. I'm sorry to hear of your cashflow loss, though, sucks for sure.

UPS should have done a much better job, I'm almost never impressed with them these days. I've had packages delivered multiple times this year with the outer box absolutely destroyed and in tatters. Fuck those guys seriously. I never intentionally give them my business.
I think this depends where you live. For some reason UPS is completely dependable back home, but I usually have trouble with Fed Ex. It may have something to do with UPS being local to Western Washington originally.

Other than that, the proper thing to do is complain to the state Attorney General's office, you'd be surprised how quickly companies fall in line when they're reported there. It's also likely not the first time this sort of thing has happened and may even violate whatever state laws are on the books.