That's reason number 973,343 out of 1,000,0001 that I could give a shit less that Circuit City went under. They charged something like $30 to "install" backward-compatibility for you and I think even claimed that ALL original Xbox games would work on the system. No, nobody in their right mind would trust this corporation to wipe their personal data, even if they promised to do so.
@c0mbobreaker: Mine was on almost 24/7. It would be running Folding@home or i'd be playing a game on it. It never broke.
Until I had it turned off for a few days and then turned it on. The powersurge of powering on is probably the worst thing for any Electronics. That's why a lightbulb burns out when you first turn it on, and not after it's been on for a while.
So it makes more sense to leave it on all day, then to be constantly turning it on and off all day.
If this is true, it's reason number 1,000,001 why I could give a shit less that Circuit City went under. Versus the 1 reason I regret the closing (employees losing their jobs). I can live with that ratio.
Why would you put homemade sex tapes on your Xbox? To get a party of your friends together on Live to watch it while you offer commentary on the action, I suppose.
I was fiddling around with my PSEye a couple months back, while my girlfriend and I were lying mostly naked on my bed - mind you, when I inadvertently opened video chat with a buddy. It was a short video, though, but it featured a wide-range of emotions. There was us smiling, then a look of shock came across our faces, then me lunging toward the camera in my skivvies to unplug it.
@Thermatico: They gave me a free strategy guide with MGS4, and sold me the Fallout 3 special-edition guide for $14.
On the other hand, I payed $110 for a 8500gt there, along with all sorts of bastard dickery, so I can't really say that all my experiences were positive.
That's a shame, hopefully he fights it and goes back to the store though. At least try. I know at one of my stores I saw & heard someone being allowed to return a defective game they bought during the liquidation for another copy. Depends on the location/people I guess?
That's one of the better things about game sales in Japan, at least in my experience. Whenever you buy something that's been opened, the staff will let you give it a once over before they pack it up.
"All sales are final" doesn't always extend to damaged goods. You may be ok if you go back within 24 hours. Failing that, if you had used a credit card (unlikely for such a small purchase, but nonetheless) then you may have been covered by fraud protection. You have an implied warranty that the item was sold in a functional condition. This is not a case of "changing your mind", but a case of damaged goods. Quoting the relevant section in US law - "Where the seller at the time of contracting has reason to know any particular purpose for which the goods are required and that the buyer is relying on the seller's skill or judgment to select or furnish suitable goods, there is unless excluded or modified under the next section an implied warranty that the goods shall be fit for such purpose". It's not fit for purpose, so you're entitled to complain.
Of course, if the small print said "as is" or "with all faults", then you're screwed. But yeah, go back in asap with massive brass pocketfillers and see what happens. UCC Article 2, S315. So long as there's nothing saying "as is" or "with all faults" then you may well be covered, or could at least brassneck it.
Gotta love wannabe lawyers. You obviously didn't even bother to look at the next section of the UCC, which is even referenced in the section you quoted. Go check out 2-316 and read subsection (3). "
I'll paste it here for you:
# (a) unless the circumstances indicate otherwise, all implied warranties are excluded by expressions like "as is", "with all faults" or other language which in common understanding calls the buyer's attention to the exclusion of warranties and makes plain that there is no implied warranty; and
# (b) when the buyer before entering into the contract has examined the goods or the sample or model as fully as he desired or has refused to examine the goods there is no implied warranty with regard to defects which an examination ought in the circumstances to have revealed to him;"
In an "all sales are final" event, the seller is expressly disclaiming any form of warranty. Buyer had a duty, in absence of implied warranty, to check the goods and he didn't.
@MistyBabania: "with regard to defects which an examination ought in the circumstances to have revealed to him;"
How would he have examined it? It was in shrink wrap, lest he take off the wrapping and all that- which of course would be an unusual circumstance the seller would be forcing on the customer. I'm not being an ass, I'm just asking because I'm curious. I'm in a Canadian law school so we haven't yet delved into US laws.
@NeVeRMoRe666: See, it seems to me "there is no implied warrenty with regards to defects which an examiniation OUGHT in the circumstances to have revealed to him;"
Rather, it was purpously hidden away. Grounds for a refund?
All video games are 40% off at my Circuit City in Brooklyn. Of course they mark all the games back up to $60 before they take the discount off, bringing all the games to about $37. The 360 section was mostly picked clean, but most of the PS3 games were locked behind glass so they had a better selection. I ended up getting Saint's Row 2, Motorstorm, and Resistance 2 all for under $120 with tax. Not a bad deal, but they only had one set of keys in the whole store, so I had to spend 15 minutes tracking them down.
03/31/09
Fortunately I have a dead drive I can swap into my PS3 should I need to send it in again. Take that, Sony!
03/31/09
03/31/09
03/31/09
03/31/09
That's reason number 973,343 out of 1,000,0001 that I could give a shit less that Circuit City went under. They charged something like $30 to "install" backward-compatibility for you and I think even claimed that ALL original Xbox games would work on the system. No, nobody in their right mind would trust this corporation to wipe their personal data, even if they promised to do so.
03/31/09
03/31/09
They should hook up all the ps3s to folding at home, thusly curing cancer and evil.
03/31/09
I know a couple people who ran Folding @ home pretty much 24/7 on their PS3s and it killed the PS3s. The fans died.
03/31/09
Until I had it turned off for a few days and then turned it on. The powersurge of powering on is probably the worst thing for any Electronics. That's why a lightbulb burns out when you first turn it on, and not after it's been on for a while.
So it makes more sense to leave it on all day, then to be constantly turning it on and off all day.
03/31/09
03/31/09
03/31/09
03/31/09
I was fiddling around with my PSEye a couple months back, while my girlfriend and I were lying mostly naked on my bed - mind you, when I inadvertently opened video chat with a buddy. It was a short video, though, but it featured a wide-range of emotions. There was us smiling, then a look of shock came across our faces, then me lunging toward the camera in my skivvies to unplug it.
Talk about embarrassing.
03/31/09
03/31/09
03/31/09
03/31/09
03/31/09
On the other hand, I payed $110 for a 8500gt there, along with all sorts of bastard dickery, so I can't really say that all my experiences were positive.
03/31/09
Jesus, they weren't even touched. It brings a tear to my eyes.
02/24/09
02/24/09
02/23/09
02/23/09
Of course, if the small print said "as is" or "with all faults", then you're screwed. But yeah, go back in asap with massive brass pocketfillers and see what happens. UCC Article 2, S315. So long as there's nothing saying "as is" or "with all faults" then you may well be covered, or could at least brassneck it.
02/23/09
Gotta love wannabe lawyers. You obviously didn't even bother to look at the next section of the UCC, which is even referenced in the section you quoted. Go check out 2-316 and read subsection (3). "
I'll paste it here for you:
# (a) unless the circumstances indicate otherwise, all implied warranties are excluded by expressions like "as is", "with all faults" or other language which in common understanding calls the buyer's attention to the exclusion of warranties and makes plain that there is no implied warranty; and
# (b) when the buyer before entering into the contract has examined the goods or the sample or model as fully as he desired or has refused to examine the goods there is no implied warranty with regard to defects which an examination ought in the circumstances to have revealed to him;"
In an "all sales are final" event, the seller is expressly disclaiming any form of warranty. Buyer had a duty, in absence of implied warranty, to check the goods and he didn't.
02/23/09
How would he have examined it? It was in shrink wrap, lest he take off the wrapping and all that- which of course would be an unusual circumstance the seller would be forcing on the customer. I'm not being an ass, I'm just asking because I'm curious. I'm in a Canadian law school so we haven't yet delved into US laws.
02/23/09
Rather, it was purpously hidden away. Grounds for a refund?
02/23/09
02/23/09