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Article #7744

Re: Don't buy from Comp America

#7744
From: Adam Strzebonski
Date: Mon, 15 Sep 1997 00:00
58 lines
3738 bytes
Jason Dulnev wrote:
> 
> Ivan.Schaffel@snet.net wrote:
> 
> >>Tom you completely missed my point. It's a great service to others to
> >>warn about bad experiences with companies and it's one of the purposes of
> >>the misc.consumers newsgroup, BUT read again the statement Adam made that
> >>I quoted. He directly accuses that company of criminal conduct: "Comp
> >>America is a mail-order company that makes money by sending out broken
> >>computer systems." It maybe true or not, but unless he can prove it with
> >>more than one fact it is dangerous to make such statements.
> >
> >Correction please. TRUTH is an absolute defense to slander and libel. He
> >needs no more than ONE FACT to sustain his position. In addition, you
> >assume a fact not in issue. I read his original post. He accuses them of
> >selling shoddy merchandise. You CANNOT ASSume from that statement that he
> >is accusing them of criminal conduct as that is the province of a jury.
> >You made a giant leap which cannot be sustained. The ONLY thing that he
> >needs to do to successfuly defend a slander suit is to prove that they
> >sent out "a broken computer system".
> 
> You sound like you think you're a lawyer, but  besides fancy jargon
> your post is a load of crap. The poster made a statement:  "Comp
> America is a mail-order company that makes money by sending out broken
> computer systems." It reads that the company SYSTEMATICALLY makes
> money by selling broken computers (see the plural there?). I suggest
> improving your reading skills before taking your Bar exam.
> ANTI-SPAM measures in place. Remove ANTI-SPAM to e-mail.

Yes, I shouldn't have used plural. The statement should have been:
"Comp America sent me a broken computer system, and they made money
on it". You are not arguing that $250 reflects the actual costs
of putting one computer system back in stock? Besides, why should I
pay these money? There are at least a few reasons why they have no 
right to charge me the fee:

- The computer system was broken and incomplete, they promissed a
specific date on which they would pick it up for a repair, and they
did not do it (even though I gave them 2 more weeks). They also
did not send me the missing speakers, so I never even received a
complete computer system that I ordered.

- When they asked me to return the computer system I was promissed
a full refund. I did specifically ask, and I was even promissed to get
a refund of my shipping cost.

- In their ad they offer a 30 day money back guarantee, and the small
print says only that the shipping/handling charge is not refundable,
there is nothing about a restocking fee. So even if the computer system
were non broken, they still would not have the right to charge me 
the fee.

Adam

Yes, my previous mail should have also contained this disclaimer:

This message reflects my private opinions, and not my employer's.
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From: Adam Strzebonski <adams@wolfram.com>
Subject: Re: Don't buy from Comp America
Date: 1997/09/15
Message-ID: <341D5AD9.3975B6AD@wolfram.com>
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Organization: Wolfram Research, Inc.
Newsgroups: misc.consumers,comp.misc.forsale,biz.comp.hardware