It would be interesting to hear a comment from the dealer.



Update:
Also what are the "obligations" of the dealer.
Should the dealer PAY for the repair?

Last edited by KimmoK on 11-Aug-2005 at 02:14 PM.
Last edited by KimmoK on 11-Aug-2005 at 02:13 PM.

_________________
- KimmoK
// For freedom, for honor, for AMIGA
// "priest" is just the RED goaul in me
// The multicolor AmigaFUTURE IS NOW !!

@KimmoK

Exactly. But this mock 'peoples court' will not be satisfied with that. My advice would be to the parties involved in the problem just to contact 'Slash' by email, and then work on fixing the problem without any further comment in public. Then when the problems fixed, leave it up to Slash whether or not he wants to post a 'its all fixed' message.

Oh, and whenever whom is to blame is identified, or whomever is at fault, an apology wouldn't go amiss I suspect.

Problems are rarely solved on public forums, generally they are only exacerbated.

@Wiffy

Quote:

Problems are rarely solved on public forums, generally they are only exacerbated.

Amen!

Hi Wiffy,


So, is the cage door or the gate open? Full moon fever, perchance? (Is it full moon time of month?)

@Atheist

As far as I am concerned the Gate is closed, I am with wiffy on this one.

_________________
No cause is lost if there is but one fool left to fight for it.

@Wiffy

Even "phones" have been invented.

EDIT: removed jokingly put comment that someone could take personally

Last edited by KimmoK on 11-Aug-2005 at 02:19 PM.

_________________
- KimmoK
// For freedom, for honor, for AMIGA
// "priest" is just the RED goaul in me
// The multicolor AmigaFUTURE IS NOW !!

@Atheist

Eh what?

@Thread

Nicholas, whom has a temporary run in with a restriction over an unfortunate joke asked me to post these interesting facts:

Quote:

thought it might be useful to know a few things about consumer law in the UK: A retailer is only liable for a repair or replacement of a faulty electrical item within 28 days from the day of purchase. After that they have no legal responsibility whatsoever. An OEM - by law - has to provide a 12 month repair/replace warranty from the day of purchase of any electrical item they manufacture/rebadge. Slash bought his motherboard more than 28 days ago so it is the responsibility of the OEM to repair his board, and if they can't then they *have* to give him a functional equivalent or better as a replacement.

Isn't the OEM in this case in the UK, and the customer, so ....?

Any further insights on this welcome, as I am sure that others might face this situation as EU shopping becomes more widespread.

@Wiffy

I fully agree

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@KimmoK

Quote:

Also what are the "obligations" of the dealer. Should the dealer PAY for the repair?

that depends on what date he did buy it from Eyetech,

_________________
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Please check out my software:
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Quote:

Mikey_C wrote: @Atheist As far as I am concerned the Gate is closed, I am with wiffy on this one.

Hi Mikey_C,

Good.

TY!



Quote:

KimmoK wrote: ((Amiga hobby is not for "thin skinned" people. At least not since 1994 or so.))

Hi KimmoK,

A disclaimer sticker should be on the side of every Amiga Fantasy case sold, "Contents not for wimps, level 15* or higher only!"


* Ref. AD&D.

@Atheist

I still don't understand the reference, it looks to me like you are accusing me of having PMT. Enlighten me in private message if you please.

@Atheist
Quote:

A disclaimer sticker should be on the side of every Amiga Fantasy case sold, "Contents not for wimps, level 15* or higher only!"

You mean the Amiga Fantasy case that was being put together here:
realitydesign.asn.org.uk ?

If so, it looks like it will remain a fantasy.

@Wiffy

Your friend Nicholas is seriously misinformed. First, there is no such thing as 'UK consumer law' - England & Wales, Scotland and Northern Ireland all have their own consumer protection laws. In this case we're concerned with English law.

Second, his idea that a retailer's responsibility ends after 28 days is incorrect. Amendments to the Sale of Goods Act 1979 mean that since March 2003 any product that becomes faulty within 6 months of purchase is deemed to have been defective at the time of purchase, putting the retailer in breach of contract unless they can prove the item wasn't defective - something that's close to impossible. In this case the buyer is entitled by law to a refund or replacement.

After 6 months the retailer still has a duty to provide a repair or replacement. If that isn't possible a refund should be given, with a reasonable deduction to take into account wear and tear on the item. And any repair must be carried out without significant inconvenience to the buyer, otherwise a replacement must be given. This responsibility runs for up to 6 years after purchase. In this case the full 6 years would probably apply since a motherboard would be expected to last longer than that.

To be clear on this : Eyetech has no legal responsibility to A1 buyers under English law. None at all. All legal responsibility lies with the retailer - in this case, the A1 dealer.

Of course, moral responsibility is quite another matter and people need to make up their own minds about that one. I've made my own views on Eyetech's behaviour very clear in the past, so I won't comment on that here.

_________________
Who do you serve, and who do you trust? - Galen

Quote:

jorkany wrote: @Atheist Quote: A disclaimer sticker should be on the side of every Amiga Fantasy case sold, "Contents not for wimps, level 15* or higher only!" You mean the Amiga Fantasy case that was being put together here: realitydesign.asn.org.uk ? If so, it looks like it will remain a fantasy.

Hi jorkany,

Uuhhh, yeah.

I guess the jokes on me, so off you hop to moobunny, huh? (No, no bananas.)

@Slash and @ all

I guess the bottom line is that Eyetech has no stock and has not maintained consistant supply of AmigaONE's, which then causes problems with anyone who needs a board replaced under warranty.

That is a problem, for sure. The best case scenario would be to have a continuous supply of AmigaOne motherboards for the market.

On the other side of the coin you have to give Eyetech credit for offering the AmigaONE's in the first place. There were alot of technical issues that were not Eyetech's fault, but Alan has kept going. It costs alot of up front money to purchase a production run, so you can't really blame Alan by trying to reduce his risk by waiting for orders before committing to a new run. Yes, he should hold some boards back for warranty issues. That small policy change alone would have avoided this issue. Perhaps he will do that in future.

So, the Amiga world isn't perfect. Overall I think we will have these growing pains, and I think everyone - users - dealers - and manufacturers - all must have patience.

I think we are extremely lucky that AmigaOS4 is happening at all, and lucky we have people like Eyetech and Hyperion that are willing to take the risk in offering a new Amiga system for such a small initial customer base.

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Hi Moderators,


No one noticed, so, I don't mean to be smug, but is this "Amiga News" or an "Amiga Event"?

@Wiffy
re: EU dealer/warranty law

Every thread I've seen so far where this is brought up though it's never made clear exactly what the law is, some have stated that this has never been tested in court, others have stated that in practice this is never enforced, etc etc... When it comes to EU law, who knows what to believe

_________________
"If you want to tell people the truth, make them laugh, otherwise they'll kill you." - Oscar Wilde

@Slash

If you really want to continue developing then buy a new board when the next batch comes out and let the Dealer/Eyetech deal with the warrenty of your first board.

I am not a developer, but even I have backup hardware for when things go bad.

Heck you xcould even develop under 3.9 until it come back from repairs in the mean time.

When my CSPPC went bacd and I sent it to DCE I was glad I had one in reserve. Luckily DCE repaired it and I got it back in less than 3 months.

So my suggestion is... stop whining and move on. If your board is at your dealers, then put some fire on your dealer and if they can not resolve it, ask for your money back.

Either way. Priority should be to get a working board.

_________________
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A3000/PIV, A3000T/PIV

@Kraftwerk2

Quote:

If you really want to continue developing then buy a new board when the next batch comes out and let the Dealer/Eyetech deal with the warrenty of your first board.

That's the stupidest thing I've heard all year. Think about that...

1) When the new batch comes out, I'll get a replacement for my old board.

2) I don't have enough spare cash to spend on 'spare' hardware incase my main hardware breaks down. Do you have a spare car too incase of a breakdown, hell, I bet you even have a spare house in case yours unfortunately burns down.

Born with a silver spoon in your mouth were you?

Quote:

So my suggestion is... stop whining and move on. If your board is at your dealers, then put some fire on your dealer and if they can not resolve it, ask for your money back.

I'm not whining you condescending git. I'm stated the facts why I wasn't continuing my project, hence I have moved on.

In these six pages full of comments I think I've posted about five. I'm not moaning on and on. I've had my say and it's left at that.

And for your information, I have asked for my money back.

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@HammerD

Quote:

HammerD wrote: I guess the bottom line is that Eyetech has no stock and has not maintained consistant supply of AmigaONE's, which then causes problems with anyone who needs a board replaced under warranty.

I agree with you on this. According to Alan he would have gotten a new board if
there where any available and the case had been closed.

I am quite sure Slash will get his A1 back (or a new one) soonest possible so he
should not stop his development. If his dealer has offered him money back he could
just talk to them again and make an agreement whether he will take the money or wait for a new board.

I have no bad feelings now, the situation is clear to me. These things can be sorted
out and I think Alan knows by now that these things needs to be sorted out quickly
to minimize FUD.

I can look forward to next christmas again. Now I only need to find the best dealer
out there.

_________________
AmigaOS or MorphOS on x86 would sell orders of magnitude more than the current,
hardware-intensive solutions. And they'd go faster.-- D.Haynie