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Author Topic: Another legal-type question
maui babe
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A couple of months ago, I purchased an eMachines desktop computer for my home from Costco. We used the computer for about 3 weeks before it died. eMachines sent me a new power supply, which did not fix the problem. Then they told me I needed to send it to them for warranty repairs. They sent me a box and FedEx form, so all I had to do was pack it up (the whole tower, including the DVD drive and hard drive, but not the monitor or keyboard and mouse) and drop it off at FedEx. eMachines told me it could take up to two weeks to complete the repair and return the machine to me, so I did not call until the two weeks was up (which was the night before I left for Atlanta for two weeks).

I learned then (about 4 weeks ago now) that the computer had been repaired and shipped back to me in late October, and that it had been “signed for” and, as far as eMachines is concerned, the case is closed. They gave me a FedEx tracking number, and when I called FedEx, they told me the shipment was signed for by a person I’d never heard of who worked at the front desk. I live in a house, not an apartment, and I have no front desk, so they looked further and learned that the shipment was delivered to a shopping mall in another town on Maui, over 10 miles from my home. They said they’d try to find the package and deliver it to me (what a concept, no?). The next day I left on my business trip.

While I was gone, a friend of mine here made some calls to the local FedEx office (no luck) and helped me initiate a claim with FedEx to reimburse me for my lost computer. All good. Then I found out that since eMachines was the shipper of the lost shipment, any reimbursement to my claim would go to them, not me. The only way I can get compensation from FedEx is for eMachines to file a claim with FedEx and designate me as the recipient of any reimbursement.

So I have documentation from FedEx that they misdelivered my machine. I’ve been dealing with eMachines for weeks now (and those losers don’t even have a toll-free number, so I’m paying for all of these calls!), and they are useless. I can never talk to the same person twice. I cannot get acknowledgement that they have received any of my faxes with the documentation from FedEx. They refuse to give me a mailing address so that I can send a certified letter. They won’t even let me talk to a manager directly.

So, what are my options? I’ve asked that they either file a claim with FedEx, listing me as the recipient of any reimbursement; send me a new machine and file a claim with FedEx for their own reimbursement; or send me a check for the cost of a new machine and file a claim with FedEx themselves.

A friend suggested I file a complaint with the Better Business Bureau, but I thought they were more local. Have any of you dealt with them before and have advice on how they work? Do any of you legal types have any suggestions, either for how I can force the issue or other agencies that may be able to assist me in the process?

Just for the record, once this is over, I will never deal with eMachines again. Their business practices are abominable, and their customer service is atrocious. If they send me a new machine, I will pack it up with the monitor and keyboard and take it back to Costco for a full refund (which is what I should have done from the start, I know now). If I ever get a check from either eMachines or FedEx, I’ll buy a Dell or a Gateway or something.

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WheatPuppet
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emachines corporate office
Corporate Office
7565 Irvine Center Drive
Irvine, California 92618

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maui babe
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Wow, that was quick... Where did you find that?
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Dagonee
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Alternative is to file in small claims court - it's likely the amount is small enough.

Dagonee

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maui babe
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Can I do that even though I'm in Hawaii, the corporate offices are in California and the tech support is in Utah?
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maui babe
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And who would I file against? FedEx? or eMachines?
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Dagonee
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Depends - it's a complicated legal issue, based on the extent of their contacts and activities in the state. I looked to see if they've regestired in Hawaii, and they haven't.

Probably easier to get in touch with a columnist who does consumer issues. That gets results.

Edit: Against emachines - they're the ones who owe you a machine. FedEx owes you nothing, because you didn't hire them.

Dagonee

[ December 02, 2004, 07:24 PM: Message edited by: Dagonee ]

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WheatPuppet
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I found it on the emachines website. http://www.emachines.com/corpinfo/corpcontacts.html
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Bob_Scopatz
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I think you should sue eMachines, FedEx, Intel, and the gun and tobacco industries. Go for class action status.

Seriously though, I'm sorry you are having this trouble and I personally would give eMachines one last try at the corporate HQ level. I once wrote directly to Michael Dell and got a call back within days begging me to let then fix the problem. It was beautiful.

By the way, you are writing to Gateway, not just eMachines:
http://www.nwfusion.com/news/2004/0312gatewcompl.html

Wayne Inouye is the CEO.

And here's an 800 number:

Home or Home Office 800-369-1409

Address:
14303 Gateway Place, Poway, CA 92064

And the official SEC-filing phone number:
Telephone number: (858) 848-3401

Go get 'em!!!!

Might I suggest in your letter to attach copies of pertinent documents, if any, and ask that they immediately reimburse you for the computer while they negotiate with FedEx. They won't, but it sure can't hurt to ask. Give them all your contact information and write the letter directly to the CEO.

By the way, the eMachines buy is credited with "saving" Gateway (or at least injecting much needed life into the company) so they aren't likely to want this kind thing to become the typical perception of that business unit.

Grrrrrr

[Mad]

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maui babe
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WOW! Thanks so much.

I just want the computer that I paid for (well, so I can return it and buy a different one), and I'm so tired of this headache...

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Bob_Scopatz
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Ask for what would make you a satisfied customer. Remember you've been without your computer for how many weeks now? And you've spent how much on phone calls and how much of your time wasted? It's not just getting back your computer, IMHO. It's asking yourself what they could do to retain you as a customer.

And, if the answer is "Nothing" you still should ask for more than just your computer back because they've wasted your time and money on top of frustrating you with their poor customer service.

Worst case, you still have to take them to small claims court, but at that point, you can even show the judge or arbitrator that you gave them a reasonable chance to fix the problem and they still didn't come through.

Let us know how it works out. I love this kind of stuff. I'd even volunteer to write the letter for you if you want. Seriously! It's what I live for.

Dear Mr. Inouye,

I'm writing in the hope that you can solve a problem for me. etc. etc.

Be nice but firm.

1 page max!

(with added attachments as needed, of course).

[Big Grin]

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maui babe
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Thanks Bob. Unfortunately, I'm at work right now and all of my documentation (including the previous letter that I wrote with all of the reference numbers etc) is at home. I'll bring it in tomorrow, so I can work on it here. I may take you up on your offer to write a letter in exchange for some macadamia nuts or something.
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Bob_Scopatz
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Make it one of those japanese nylon washcloths from Long's drugs and you got a deal!!!

[Big Grin]

Please don't send it FedEx though.

[Roll Eyes]

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maui babe
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You got it! What color do you want?
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