Intel "asked" to sell faulty chips

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Well, a chip is only faulty if it does not meet its specification, or will have an abnormally high failure rate if used within its specification.

So if Intel changes the spec on these chips, sells them for use within the revised spec, and the chips won't then fail at an abnormal rate, then they are not faulty.

Sylvia.

Reply to
Sylvia Else

Intel wiggle-around (from Newegg):

Basically, ports 0 and 1 are fine (at 6Mbits/sec). Ports 2 thru 5 (at 3Mbits/sec) are defective and should not be used. No software or firmware fix possible.

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# Jeff Liebermann 150 Felker St #D Santa Cruz CA 95060
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# http://802.11junk.com               jeffl@cruzio.com
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Reply to
Jeff Liebermann

bob urz wrote in news:iis2nv$2kn$ snipped-for-privacy@speranza.aioe.org:

"Computers can be designed in a way that avoids the problem."

Yeah, only buy ones that have AMD processors...hee hee.

Can you imagine that Toyota is doing this to family cars?.....(c;]

What about Boeing?

Reply to
Fred

Jeff Liebermann wrote in news: snipped-for-privacy@4ax.com:

Your only problem is to identify the board in your computer for the next 8 years until all the defective boards have been dumped by the discounters.....

Then, the problem becomes THEIR problem as you RETURN THE JUNK for a full refund......or else.

Reply to
Fred

I'd have thought Intel and other board manufacturers will at least change the revision number of their boards. The specs for the current revisions will be changed to state that some or all of the SATA II ports are not functional.

A discounter should take note and describe the borads accordingly. Then if a customer tries to return the board, having failed to take note, it will be their problem, not the discounters. If the discounter fails to properly describe the board, then they should have to provide a refund.

So while some people may suffer problems, they will be self-inflicted.

Sylvia.

Reply to
Sylvia Else

Sylvia Else wrote in news:8rf3f0F340U1 @mid.individual.net:

You need to read Federal Law 15USC50 section 2300. What you propose is not allowed when items are sold to the consumer. Goods are expected, by Federal Law, to be fully functional with no known issues with design, material or workmanship BEFORE you purchase V1.00.

It's an amazing law, and every American needs to research it. I successfully returned an $8,400 Yamaha Waverunner that was poorly designed in 1997 and got a full refund. Being told you can't do that or this is simply a lie....to the informed consumer. There's no exclusion in the law for BS...(c;]

Every defective board sold is in violation of the "Implied Warranty of Merchantability" and they know it. They're depending on consumers simply knuckling under and believing the company BS about implied warranty disclaimers that are in ever written warranty you ever get....which are NOT permitted under the law. It's why Walmart cheerfully refunds your money on the bad toaster, even out of the written short warranty. Implied warranties go BEYOND the written warranty by at least 4 years, as tested in court.

Most important to the consumer is 15USC50 2304(a)(4) which the courts have consistently said gives them 3 attempts or 30 days to fix your lemon car, without a state lemon law by the way which is window dressing, or it's up to the CONSUMER, not "them", whether to elect for a full refund of every dime or a whole new unit (not some used sellphone from a refurb shop, for instance). The sellphone business is rampantly in breach....

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FTC, tasked with its enforcement but ignoring it as much as possible in the Corporate States of America, has a little book to read explaining it to even the stupidest company bureaucrats.

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warranty-law

Did you know if they say you HAVE to use a special brand of motor oil or printer paper, they MUST, by law, give it to you for free for the life of the item? Think about that, the next time you're buying a $55 HP printer cartridge that's price fixed in every store and it takes hackers to crack open to refill. Lots of stuff needs to be tested by class action suits that aren't.....well.....yet.

....and you thought Microsoft gave you free bug fixes because they love you.....ha!

Reply to
Fred

Sylvia Else wrote in news:8rf3f0F340U1 @mid.individual.net:

From the FTC manual.....

"The implied warranty of merchantability is a merchant's basic promise that the goods sold will do what they are supposed to do and that there is nothing significantly wrong with them. In other words, it is an implied promise that the goods are fit to be sold. The law says that merchants make this promise automatically every time they sell a product they are in business to sell. For example, if you, as an appliance retailer, sell an oven, you are promising that the oven is in proper condition for sale because it will do what ovens are supposed to do?bake food at controlled temperatures selected by the buyer. If the oven does not heat, or if it heats without proper temperature control, then the oven is not fit for sale as an oven, and your implied warranty of merchantability would be breached. In such a case, the law requires you to provide a remedy so that the buyer gets a working oven."

Notice, too, it says MERCHANT, not manufacturer. Merchants have told us all our lives they are not responsible for anything wrong with what they sell and we must contact the manufacturer for any resolution, like replacement or refunds. This is simply NOT TRUE! More BS! Says so right in their own manual from the Federal regulators.

"No" is also not an answer. I got a "No" from my Smart car merchant when I asked him about replacing the obviously defective crazing Makrolon sunroof (same plastic as DVD). The sun's UV eats it causing internal gas to create first bubbles then tiny cracks as the bubble pressure splits the cheap plastic. It's $1,400 for the local Mercedes dealer to replace it farmed out to a local glass shop. $1400 is worth fighting for. So, after the service manager said of my written warranty that expired 3 months earlier, "When it's over, it's OVER!" Well, as anyone can see the defective materials used to make the sunroof, Mayer Chemical's Makrolon made by Webasto for Daimler-Benz, is a breach of Merchantability. I called the US Distributor, Penske Automotive AKA SmartUSA on their "customer service" line and offered to FAX them the FTC manual above. It was unnecessary after the company lawyers decided it was more economical to replace my defective product, that SHOULD have all been recalled but hasn't, rather than try to explain it to a Federal judge. The dealer, grudgingly, replaced the roof and charged Penske for it. He wondered aloud how I "got away with it", his words. He now has a neatly printed FTC manual explaining to him his responsibilities to his customers, just like Roger's SmartUSA, hand-printed and hand-delivered by me and my eyewitness...in case he needs to be reminded in some future courtroom that he, in fact, had it put in his hand for his enlightenment....like my Yamaha jetski dealer...(c;]

We really aren't helpless....just ignorant, stupid and mis or un- informed....

Reply to
Fred

I first learned about the "warranty of implied merchantability" and related common-law consumer protections over 30 years ago in an article in -- of all magazines -- "High Fidelity". I still have a copy of it.

It's nice to see that others are aware of the protections that dealers and manufacturers wish to disown.

Reply to
William Sommerwerck

She doesn't want your titles, and she isn't in the US Larry.

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You can't fix stupid. You can't even put a band-aid on it, because it's
Teflon coated.
Reply to
Michael A. Terrell

But what does "fully functional" mean? I'd be surprised if it meant "containing every function the consumer desires." I would expect it to mean something along the lines of "containing full functionality of every function it's described as containing, or that one would reasonably expect it to contain."

Version 1.0 certainly should have been fully functional, and anyone who bought one without notice of its flaws is clearly protected by the legislation. But I can see nothing to stop a vendor from deleting functionality from the specification before selling a product. The product is then fully functional, according to its specification. At most the vendor must ensure that the customer is on notice of the change to the specification before the sale is concluded.

We have implied warranties of merchantability in Australia too. Indeed, they're now common in many jurisdictions, and it's not possible for the supplier to contract out of liability under the warranty. But if I'm a car dealer, and I have a new car to sell that has been scratched, all I need do is ensure that the contract of sale states that what is being sold is a scratched car, and the consumer has no grounds for complaint.

Sylvia.

Reply to
Sylvia Else

Sylvia Else wrote in news:8rgr3rFt36U1 @mid.individual.net:

Ask the judge.....(c;]

Reply to
Fred

Read the full article, it says the problem is in a support chip that has 7 SATA ports, in that five of 'em age and degrade. If your chip goes in a laptop with two or fewer SATA devices, it's just an issue of wiring to the ports that don't have any known faults. The folk who were expecting their chipsets for a production schedule care more about promptness than about the unused features that are at fault.

There's nothing unsound about using the batches without the fix, in something like a MacBook Air (only ONE SATA device).

Reply to
whit3rd

Oh, go easy on the dealer; he isn't a Penske employee, just a local guy who has a contract to do the warranty repairs and get Penske reimbursement. He can't be held liable (it's the manufacturer's warranty, he's not the manufacturer), and he can't usefully argue with Penske either (or he'd jeopardize his contract). You did the right thing going to the manufacturer.

Reply to
whit3rd

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