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Click to See Complete Forum and Search --> : Scam? Taking Abit’s honesty to the bank!


Crashman
03-04-2005, 02:23 AM
Yesterday I received this interesting tidbit in the mail. By now many of you have heard about a class-action suit being filed on YOUR BEHALF by someone looking to cash in.

http://www.compsalvage.com/suit.jpg

Those of you “in the know” recognize that I’ve been with the capacitor fiasco since the story broke. (http://www.reed-electronics.com/electronicnews/index.asp?layout=article&articleid=CA255062&pubdate=10/28/2002&rid=0&rme=0&cfd=1) Of course I can’t take all the credit, as rumors were circulating long before I got involved.

The fact is, very many motherboard manufacturers were taken in by the same low priced capacitors Abit fell prey to. And many of them made a far greater number of boards using these defective units than Abit. In fact, one manufacturer in particular made millions of defective boards for some of the world’s largest OEM’s, these contracts alone were for greater numbers of boards than Abit made during the same period. So why single out Abit, a relatively minor player in a far greater crisis?

Simple: Abit admitted to using the capacitors in question. This was public responsibility on Abit’s part to assure their customers they’d stand behind them and replace every bad board that failed during the very gracious 3-year warranty period. And Abit went a step farther: Unlike other companies that require proof of purchase or a code from the retail box, Abit would replace ANY retail board you could produce for them with this problem, all that was needed was the code from the board itself. This meant that even if you bought a dead computer with a blown board from the junk market, you could cash in by getting the board replaced free! And again unlike other companies, Abit didn’t even make you pay return shipping or processing/handling fees; you simply submitted the information and got an RMA in short order.

So I say to you once again, if Abit offered the most favorable policy for exchanging your board of any manufacturer affected, and if Abit was the only company to be honest about the problem, why should Abit be the one suffering additional penalties? The answer is easy: They did the responsible thing! Admitting to their mistake may have helped their customers, but it also opened them up to litigation.

What possible good could come of this lawsuit? Certainly the boards listed are beyond the warranty period by now. And as certainly as the warranty has expired, we’ve all had ample time to use it. Abit owes nothing to people who let their warranty expire without taking advantage of free replacement! Yet there are those who insist on nothing less than a full refund rather than the simple replacement owed them. It’s time we as a society upheld honest companies like Abit for their acts of responsibility and aimed our litigious wrath at companies that fail to meet that standard!

The boards in question were some of the best performing, most stable boards of their day, so long as the capacitors lived. And when those capacitors failed, you got an even better board in exchange: one that still had a superior design and features, plus the longevity you expected.

In recent years Abit has continued to produce spectacular boards, long free from the capacitor issues that plagued them for a brief time. They’ve really pushed the industry, with products such as the NF7 and IS7 offering top performance and midrange features at a budget price, OTES on enthusiast level boards, stability, compatibility, clean design, innovation, and one of the best warranties in the business. Yet Abit has found it difficult to maintain previous levels of profitability in the face of increasing competition. This author fears that any settlement may force this company out of the business forever, a loss to the entire hardware community.

AllGamer
03-04-2005, 10:28 AM
Kudos for you :t

i agree, people are always after stupid lawsuits to Extort companies into giving them huge amount of monies.:rolleyes:

Imperion1
03-06-2005, 07:39 PM
My KT7-raid still works just fine and dandy:D

Crashman
03-06-2005, 09:56 PM
Many boards were made with good capacitors as well, simply owning one of the boards listed doesn't imply that it was made during the period when Abit was using the bad ones.

But like I said, there were many popular makers using them.

mobo57
03-06-2005, 11:45 PM
Need to clear up a few things.
First, I agree, Abit makes great products. I love my NF7-S v.2 One of the best mobos I own.
Next, here is the full settlement proposal:
http://www.abitsettlement.com/notice.pdf
Could it be Eric "Crashman" Schonning????

Abit would replace ANY retail board Abit offered the most favorable policy for exchanging your board of any manufacturer affected

Not quite, only Abit boards, and ONLY those boards listed in the class will be replaced, repaired or the owner will be compensated for his cost to repair. No "full refunds".

Abit owes nothing to people who let their warranty expire without taking advantage of free replacement!

Not quite again, there are other "laws", such as fitness for particular use, express warranty, etc that come into play here.

Class action suits are complex animals. There are a lot of factors that go into them. Any sort of civil action can get very complex, very quickly. The only people who truly know what is going on are counsel. I personally have had cases that generated only a few hundred pages of documents, yet lasted for years and incurred thousands of hours of behind the scenes discussions with opposite counsel, p's & d's and the court.

We, as a society, have gone way overboard to "protect our rights" through litigation. It has (was) to the point of excess. Due to recently proposed changes in the law, this suit may not have happened. We will see how it all plays out.

While I do feel for Abit, there is something else you should remember: If the owners/managers have "average" business acume, and the use of the "bad" capacitors was not done intentionally, their insurance should cover a large chunk of the cost.

If not, they can sue the manufacturer of the capacitors!!
And the wheels of the bus go round and round..............

Crashman
03-07-2005, 12:38 AM
According to the documentation I've seen, these manufacturers don't actually exist, they were only around long enough to flood the market with bad product, then vanish. And why should Abit be forced to extend the warranty to 5 years?

BTW, the original post was cleaned up, if you'd like to get messy it was MSI who made those Gateway/IBM/etc motherboards with the same caps. As far as I can remember ALL the major tier1/tier2 motherboard brands used them except Asus and Intel. Abit's a small fry, a tier2 in a world of tier1's.

mobo57
03-07-2005, 02:13 AM
these manufacturers don't actually exist, they were only around long enough to flood the market with bad product, then vanish
Abit's fault. As an integrator of components, you ALWAYS qualify your vendors. Their product is your product. If Abit was "hoodwinked", a buying group at Abit should be terminated. Don't care what tier you are, put a product out there, you have to stand by it, regardless of who made your components and how bad they were made. Your name is on it, you take the heat.


why should Abit be forced to extend the warranty to 5 years?
Additional time on warranties are always extended for the full time after a manufacturing defect is "discovered" and covered.

Sorry, but I can't address the rest, don't have a suit for them. E. Schonning sued Abit. Clearly he (assumed) owned an Abit mobo, not an MSI or who ever, they are not participants here. Maybe they will get their own new suit soon. Don't care what tier you are, put a product out there, you have to stand by it, regardless of who made your components and how bad they were made. Your name is on it, you take the heat.

Like I posted before, there is a lot going on behind the scenes we don't know. Remember the McDonalds lady who got 3M$ for the coffee in her lap? Check out her final settlement.

Finally, it looks like this case was settled before the class was certified (though I could be wrong). Certification is a big step for the class action p's (cost, effort, time), to settle before certification implies quite a bit. Most d's counsel will at least force this stage of litigation to find out how serious p's are.