Unbranded 1080 given instead of 1080 FE, CS lying straight to my face

Hello!  Long story short Dell probably ran out and like most companies will reserve the right to replace it with a card of equal or lesser value.  Right now and for the past month or so, I haven't seen anything on the US site that says the 1080 is an FE edition.  If you feel that strongly then I'd return the unit.

BeamerMT79,

Actually, Dell does not reserve the right to replace an item with one of equal or lesser value in the absence of contractual provisions that acknowledge the same. Going over Dell's terms and conditions of sale, I can see no such provision in existence. In certain circumstances, there may well exist legal arguments for sych terms being 'implied' but this cannot be said of a customer who has accepted a contract for sale in the understanding that he or she is to be supplied with an FE card - especially where the contract states as much. If Fehz ticked a box specifiying an FE card then Dell is contractually obligated to provide him with one as requested, as understood, as agreed.

If it says as much on a shipping order / invoice, Dell doesn't have a leg to stand on in arguing that they are entitled to substitute an FE card with an item of equal or lesser value. Without the customer's consent, they are not.

As for Dell, they'd do well in not only improving customer service but placing customers in a position where they know EXACTLY what they'll be delivered prior to purchase. Should circumstances change, notify the customer and seek further instructions.

Cheers,

Gabriel

You really didn't read the ToS did you?

7. Changed or Discontinued Product. Dell may revise and discontinue Product at any time and this may affect information saved in your online "cart." Dell will ship Product that have the functionality and performance of the Product ordered, but except where prohibited by applicable provincial statute, changes between what is shipped and what is described in a specification sheet or catalogue are possible.

Also I cannot find anything on the Canadian site for Alienware that states the FE 1080 comes with the machine, just a 1080.  They DID in the US come with the FE a while back but they had a hard time keeping the parts in stock which is why FE is not listed anymore either in the US or CA.   The user may return the unit if he/she doesn't want the replaced part as long as it is within the time frame.  

BeamerMT79,

I did read the ToS, albeit as it applies to Australian customers. It was presumptuous of me to assume that the legal methodologies utilised by Dell to cover its ample derrier would be of uniform format across state and national boundaries. Regardless, the provision is meaningless in both the US and Canada (i.e. moot) to the extent it is non-compliant with those nations' respective consumer rights laws. And yes, this includes misrepresentations on the part of the vendor.

Here's my take on the Australian experience re: Alienware and its sudden change to OEM GTX 1070/1080 video cards:

(i) Effective mid to late November, the Malaysian factory ceased stocking FE cards.

(ii) There is no explicit notification of the above to customers, as advertising and other promotional material (print, online, stalls at tech/gaming conventions for the Aurora R5 continues to depict systems equipped with FE cards. Simply put, show me an Alienware authorised promotional image of the Aurora R5 (higher spec) depicting the same with a black OEM video card (Tip: It'll likely never happen for the most obvious of reasons) and I'll buy you free beer for a month.

Whilst the Australian website removes reference to a FE or indeed any branded card, the high-def and aesthetically appealing images of the Aurora R5 therein are notably (read 'strategically') absent of a system featuring an OEM card. Understandable, as two blank, black cards w/o LEDs in SLI can scarcely be termed "good optics". Rather, the Aurora R5 with its innards exposed continues to show two FE cards in SLI.

(iii) Sales personnel, when pressed, will take great pains to avoid conclusive/definitively identifying the make, manufacture and model of the GTX 1070/1080 card to be installed in customers' systems. Rather, they'll say "as advertised" or "nVidia GTX", the latter a term so generic as to be meaningless.

(iv) There have been rare instances of Sales Personnel, over the phone and in online chats, guaranteeing the customer a FE after the factory ceased supply of the same. This constitutes a misrepresentation by a company officer, one a customer can use to enforce a right birthed from the common law contractual doctrine of reasonable expectations.

(v) Yes, Dell will allow a refund within the allocated 15 day period but even this can be fraught with anxiety as the customer seeks a response from Dell re: conclusive answers on:

1. What is this blank, black, generic, unbranded card you gave me?

2. If I return the machine, do I have to pay a restocking fee and/or shipping costs?

3. If yes to the above, aren't you guys partially at fault for having changed a key component of the machine without suitably advising prospective buyers? A subtle bait and switch perhaps? All test units supplied to tech bloggers for review, none feature OEM video cards. Why haven't you updated your website to show pictures of machines with OEM cards? Why does your website link to pages reviewing machines that can be no longer supplied in the shown configuration? For a gamer or enthusiast, a video card is the most critical component of their machine and now you're supplying OEM cards without explicitly and unambiguously notifying the customer? How are you not in some way responsible?

I know little of Canadian consumer law BeamerMT79. But as a practising corporate ***, I 0have a good idea of the state of affairs back home. Yes, statute will override any supposed ToS clause to the extent that the two are incompatible.

This includes the ToS being moot to the extent that they prevent the consumer from relying on representations made by the business or its agents.

Once more, I haven't conducted a client interview of Fehz so can't speak for his personal circumstances but suffice it to say Alienware has a burgeoning problem on its hands with respect to their conduct re: the supply of OEM video cards. Whether it amounts to a legal issue will differ on a case by case basis but most seem to agree that it's most definitely a PR nightmare.

Cheers,

G.K.

I read the ToS for Dell Australia BeamerMT79 and the aforementioned provision for Change or Discontinued Product is not contained therein. An oversight on my part as Dell need not have the same ToS across jurisdictions.

Also I cannot find anything on the Canadian site for Alienware that states the FE 1080 comes with the machine, just a 1080.  They DID in the US come with the FE a while back but they had a hard time keeping the parts in stock which is why FE is not listed anymore either in the US or CA.   The user may return the unit if he/she doesn't want the replaced part as long as it is within the time frame.

this is were it is a bit misleading since it does show pictures of a FE version card in some places, but when actually configuring the cards it just plain out says 1080 GTX.. with no mention to what model as you stated..

just found this actually now for the aurora..

UP TO DUAL NVIDIA GEFORCE GTX 1080 FOUNDERS EDITION 

this is at main desktop page before selecting an aurora.. before even configuring  on canadian site anyway  says UP TO again like the overclocking  ***  that so many complained about ..

but when i go configure such machine i get this ..

Dual NVIDIA® GeForce® GTX 1080 with 8GB GDDR5X each (NVIDIA SLI® Enabled) nowere does it say FE version, nor does it even give an option to select it which is kinda misleading to believe it is..

but since it doesn't say it is a FE version card in the config.. one should assume its a unmarked oem card

Hmm.. I dunno i'm not a legal eagle, just trying to make some sense of things.  I have read somewhere that the 1080 is MSI manufactured for Dell, but yes its not as solidly built as the FE card.