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Subject:
From:
David Gillett <[log in to unmask]>
Reply To:
PCBUILD - Personal Computer Hardware discussion List <[log in to unmask]>
Date:
Thu, 22 Apr 1999 16:55:47 -0700
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On 22 Apr 99, at 14:42, Roberto Safora wrote:

> I asked for 5 notebooks that were supose to have a PII 266 CPUs.
> However they were CTX V92C266, that have Cyrix MediaGX 266 CPUs. The other
> parts were the same we asked for.
> Since the Cyrix 486 DX/2 80 I did not have anything to do with that trade
> mark. So I want some comments on the difference in performance and
> relibility that might exist between MediaGX 266 and PII 266.
> I smell I´ve been framed, but I have no real technical criteria.

  The MediaGX line are designed for low-end/low-cost/low-power machines, and
so incorporate sound and video logic into the CPU package.

  As such, they really only work in systems that are designed around them.
Laptop systems generally don't use generic/modular components anyway to save
on weight and power consumption, but even on the desktop you could never
expect to swap between a MediaGX and a regular Pentium -- let alone a PII.

  If all of the paperwork specifies the CTX V92C266, you're probably stuck,
and if a salesman told you it was a PII or the same as a PII, he was (at
best) mistaken.  If they ever promised you a PII -- and Intel does make a PII
version for laptops, so this isn't an unreasonable thing to ask for -- in
writing, then they had to realize at some point that this model wasn't going
to meet that requirement.

  From a technical perspective, I don't know if you have any *functional*
requirement that these machines won't meet.  From a viewpoint of fair
business practices and value for money, I'd say there's been "a serious
misunderstanding", and I'd gather up every bit of correspondence you've had
with them and consult a lawyer.  [Many lawyers will give you half an hour up
front; if you don't have a case, they'll tell you and you owe nothing.
(Unless, of course, you happen to get one as honest as this dealer....)]
  What I *expect* the lawyer will do is advise you to file a formal
complaint, first with the dealer, and if that doesn't get a response, with
the BBB.  Don't try to browbeat them, but you want to know in advance whether
you'll have recourse if they brush you off.
  [If your lawyer has trouble grasping the technical issues, tell him it's
like buying a German coupe: you blieve you asked for Mercedes, and discover
that what you've received has a Porsche/Audi engine -- from their Volkswagen
line.  German engineering, but not even remotely in the same class!]

  The laptop warranties I've seen allow for return within 30 days "no
questions asked".  If you determine that these machines really won't do what
you need, return them within that period.  Then you're free to work out a
deal for the machines you need, or take your business elsewhere.  That's
probably the best you can realistically hope for.

  I'm not a lawyer, and none of the above should be construed as legal
advice.  I recommend that you not get angry, not make threats, and find out
what your legal position is.  This *might* represent incompetence or
ignorance, rather than avarice; try to make a reasonable settlement with the
business manager or owner, and leave it up to him to decide whether this
costs the salesman his job or not.
  Don't escalate to the BBB and/or the courts until there has been an
opportunity for the manager/owner to make a settlement; don't expect a whole
lot more than credit for the machines you've got towards purchase of the ones
you really want.

  I hope this gets put right to your satisfaction.
David G

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