Author

Topic: Alpha Technology Litecoin (Scrypt) ASIC Miner Order Batch 1 Now! - page 174. (Read 529096 times)

full member
Activity: 139
Merit: 100
I think there is some confusion here regarding the shipping schedule.  Actually, the confusion is that there even is a schedule.  July was just an informal thing they stated on the forums here and elsewhere.  The actual contract doesn't stipulate any shipping schedule at all, and so it is impossible for them to be late per the terms of the contract.
At best, the contract says they will HOPE to ship by Q2 or Q3.  I.E, as late as September 30th (obviously they missed Q2 already).  Even then though, it doesn't state they will for sure ship in September, just that they hope to.

I'm afraid brian is right about the due date. They can only really be held accountable to what they have put in their T&Cs and that is "hope to achieve Q2/Q3 delivery". But they gave themselves a massive get out clause when they revised it. This clause was not in their original T&Cs so you need to get a copy of what you signed up to and when. Their later T&C revisions (3 in total) pretty much strip you of all your consumer protections and absolve them of any wrongdoing.

Taking them to court for breach of contract will probably not work, but small claims will. Under UK law you can cancel an internet purchase at anytime, up until 7 working days after you receive the item, so if they do ship you a box of Gridseeds you can send it back for a full refund. Assuming there's a company left to send it back to.



Thank you all for your replies, it's been very helpful.
Does anyone here have a copy of the previous T&Cs?
All I have is what was posted in this thread recently from google cache.
hero member
Activity: 616
Merit: 500
I was following this from day 1, and when they were first trying to attract people, they did send out messages guaranteeing delivery by July. possibly sooner. I don't know if they've been edited/removed since then, but FWIW, those were the original T&C. Not just Q2/Q3, but July as a drop dead timeframe.

I am not sure about T&C but the first declaration I remember was April. The sentence on one of the forums was "call us scammers if we don't deliver by April". I tried to find it few weeks ago but it was deleted apparently.


I can corroborate that, I remember reading it.
member
Activity: 84
Merit: 10
I was following this from day 1, and when they were first trying to attract people, they did send out messages guaranteeing delivery by July. possibly sooner. I don't know if they've been edited/removed since then, but FWIW, those were the original T&C. Not just Q2/Q3, but July as a drop dead timeframe.

I am not sure about T&C but the first declaration I remember was April. The sentence on one of the forums was "call us scammers if we don't deliver by April". I tried to find it few weeks ago but it was deleted apparently.
hero member
Activity: 812
Merit: 500
don't feel sorry for anybody who fell for this.

It was so obvious...
hero member
Activity: 655
Merit: 504
You wan chili saus?
So Fiaz posted some BS reason why he deleted all his posts from here and litecointalk. This is a guy who's job as "customer manager" is customer communication and community relations right?  Roll Eyes

Quote from: Fiaz
I deleted them because I have no interest in having my own account on those forums, we already have an 'Alpha Technology' account should I ever feel the need to use it and my posts on there were old anyway.

The photos were removed a good while ago not recently, this was a technical decision as we are updating the website and changing its layout and at the moment they don't look very good. They will be up again, if we had something to hide they wouldn't have been up in the first place.

A lot of effort to go to deleting all those posts if he just doesn't have any interest in the forums, why not just stop posting? Oh right because the posts were "old anyway". The photos being removed as a "technical decision" is pretty hilarious. I guess they were placing a pretty heavy load on their web server having them there. LOL. Cheesy

Ref: https://forum.alpha-t.net/index.php?topic=709.msg4487#msg4487
hero member
Activity: 616
Merit: 500
I was following this from day 1, and when they were first trying to attract people, they did send out messages guaranteeing delivery by July. possibly sooner. I don't know if they've been edited/removed since then, but FWIW, those were the original T&C. Not just Q2/Q3, but July as a drop dead timeframe.
sr. member
Activity: 433
Merit: 250
I think there is some confusion here regarding the shipping schedule.  Actually, the confusion is that there even is a schedule.  July was just an informal thing they stated on the forums here and elsewhere.  The actual contract doesn't stipulate any shipping schedule at all, and so it is impossible for them to be late per the terms of the contract.
At best, the contract says they will HOPE to ship by Q2 or Q3.  I.E, as late as September 30th (obviously they missed Q2 already).  Even then though, it doesn't state they will for sure ship in September, just that they hope to.

I'm afraid brian is right about the due date. They can only really be held accountable to what they have put in their T&Cs and that is "hope to achieve Q2/Q3 delivery". But they gave themselves a massive get out clause when they revised it. This clause was not in their original T&Cs so you need to get a copy of what you signed up to and when. Their later T&C revisions (3 in total) pretty much strip you of all your consumer protections and absolve them of any wrongdoing.

Taking them to court for breach of contract will probably not work, but small claims will. Under UK law you can cancel an internet purchase at anytime, up until 7 working days after you receive the item, so if they do ship you a box of Gridseeds you can send it back for a full refund. Assuming there's a company left to send it back to.

sr. member
Activity: 433
Merit: 250
Going to court is a messy job and will take out a lot of time.
Actually it's pretty easy. You can start the small claims process online in the UK for as little as £25. You can be awarded in absentia, so you don't even have to turn up. Bear in mind most cases are not contested so awards can be pretty swift.

I made a pretty comprehensive post about it here:

https://bitcointalksearch.org/topic/m.7371136.

Everything else you said is pretty much spot on. Document everything, even forum posts (probably one of the reasons Fiaz removed his posts)

You don't have to wait until they fail to deliver, you are entitled to cancel at anytime for a full refund under UK law. If you want to wait until the end of July that's up to you. Good luck
hero member
Activity: 728
Merit: 501
although i am highly sceptical and worried by this thread, please dont do anything rash, and be very carefull with using the word scam untill the promised shipping date has passed.....

do not report them or do things like that when they are still before the shipping period, and yes im a customer also
legendary
Activity: 1400
Merit: 1000
I owe my soul to the Bitcoin code...
hero member
Activity: 574
Merit: 500
Has anyone contacted BitPay to flag them as a scam? (I think they're using BitPay, right?) With enough complaints there maybe we could stop them from collecting any more BTC...
member
Activity: 84
Merit: 10
how do i report the alpha-t website to virus companies as malware?

Why would you do such a thing?  Huh
full member
Activity: 223
Merit: 116
how do i report the alpha-t website to virus companies as malware?
sr. member
Activity: 350
Merit: 250
I pre-ordered the bigger (originally 25Mh/s) Viper on March 29th. Paid £1,635.00 with a bank transfer. Later on, I asked for it to be downgraded, which they did by marking the first order as completed and opening a new one for the Viper (50Mh/s) on the 22nd of May. I need only to pay £26.99 for that order to be fully paid.

I don't have the C.C. protection (having paid with a bank transfer) and no idea to which date counts towards a cancellation but most likely soon out at 50% -still better than most I concede-. Because I paid with a bank transfer I'm thinking my best chance is to wait for them to fail the due date so I can start a small claims court case.
What files should I be saving to backup a small claims court case?


Edit: I'm assuming due date as the date they mention on their latest update; "...before shipment (which will begin somewhere from the 15th-31st of July)..." Legally If they e-mail that as the latest update that's the one we can point to?

Going to court is a messy job and will take out a lot of time.
Better try to contact them and convince them for a full refund if you wish to cancel.
One thing you should be clear from now onward is to do clear and documented communication with them.
Don't send vague email or phone calls. Also don't contact them via Phone and don't settle anything via their calls to you.
If they call to convince you just tell them to email or send letter with company seal and signature. Don't accept or do anything as per their non-documented instructions.

Keep all your emails as it is.
Keep all details of payment.
If you remember phone calls and conversations note it down and it may help you when contacting and advocate.
Also, allow them till July end to check whether they are keeping their words.
If they are not shippinging as promised by July end take a legal opinion.

I think there is some confusion here regarding the shipping schedule.  Actually, the confusion is that there even is a schedule.  July was just an informal thing they stated on the forums here and elsewhere.  The actual contract doesn't stipulate any shipping schedule at all, and so it is impossible for them to be late per the terms of the contract.
At best, the contract says they will HOPE to ship by Q2 or Q3.  I.E, as late as September 30th (obviously they missed Q2 already).  Even then though, it doesn't state they will for sure ship in September, just that they hope to.

Now, I am not familiar enough with UK law to say for sure, but if their law is anything like US law, this thing will NOT end in a bankruptcy.  I don't even thing you guys will succeed in getting a judgement against them.  Fact is, they haven't violated any of the terms of the contract at all.  And even if they did, there are those two pesky clauses in there that let them a.  Change the terms at any time B.  not be held liable for anything that goes wrong, INCLUDING a willful violation of the contract on their part.  So unless the parts of the contract can be stricken because they are illegal, I just don't see it happening without a very difficult court battle.  I imagine if things ever got really bad they could throw together some 100 dollar gridseed units or whatever, ship them out, and call it a day (remember the part of the contract that says the specs can change at any time).  
If you paid with a credit card of course this doesn't matter, since you will file for a charge back and claim fraud, or whatever you have to say to get your money back.  Ive been saying all along that the lack of a credit card processor was not a mistake on their part but intentional, and this is why.  
member
Activity: 84
Merit: 10
So … is the consensus conjecture here that Alpha-T may be purposely delaying doing a deal with a payments processor so that they can run out the clock on the refunds (per new terms) or is it that they can't get one because of some unspecified problem with their company ?

You mean the company that can't get the phone line fixed for several weeks?  Grin
newbie
Activity: 25
Merit: 0
Batch 1 full payments should have been made by now . There  is nothing else they can get at this stage since they have no working product and no one will give them more money .

I posted here before but not sure if anyone took notice:  I have an order in batch 1, I paid the deposit by wire transfer.
I am still waiting to even receive / view an invoice for the final payment. I have not been asked to pay and I don't have an invoice for the final payment.
If they had asked me to pay or provided an invoice I would have paid them.

So it seems they are not yet collecting the final payments for batch 1 at all.

Has anyone received an invoice for their batch 1 purchase?
hero member
Activity: 784
Merit: 504
I pre-ordered the bigger (originally 25Mh/s) Viper on March 29th. Paid £1,635.00 with a bank transfer. Later on, I asked for it to be downgraded, which they did by marking the first order as completed and opening a new one for the Viper (50Mh/s) on the 22nd of May. I need only to pay £26.99 for that order to be fully paid.

I don't have the C.C. protection (having paid with a bank transfer) and no idea to which date counts towards a cancellation but most likely soon out at 50% -still better than most I concede-. Because I paid with a bank transfer I'm thinking my best chance is to wait for them to fail the due date so I can start a small claims court case.
What files should I be saving to backup a small claims court case?


Edit: I'm assuming due date as the date they mention on their latest update; "...before shipment (which will begin somewhere from the 15th-31st of July)..." Legally If they e-mail that as the latest update that's the one we can point to?

Going to court is a messy job and will take out a lot of time.
Better try to contact them and convince them for a full refund if you wish to cancel.
One thing you should be clear from now onward is to do clear and documented communication with them.
Don't send vague email or phone calls. Also don't contact them via Phone and don't settle anything via their calls to you.
If they call to convince you just tell them to email or send letter with company seal and signature. Don't accept or do anything as per their non-documented instructions.

Keep all your emails as it is.
Keep all details of payment.
If you remember phone calls and conversations note it down and it may help you when contacting and advocate.
Also, allow them till July end to check whether they are keeping their words.
If they are not shippinging as promised by July end take a legal opinion.
copper member
Activity: 2898
Merit: 1465
Clueless!
I pre-ordered the bigger (originally 25Mh/s) Viper on March 29th. Paid £1,635.00 with a bank transfer. Later on, I asked for it to be downgraded, which they did by marking the first order as completed and opening a new one for the Viper (50Mh/s) on the 22nd of May. I need only to pay £26.99 for that order to be fully paid.

I don't have the C.C. protection (having paid with a bank transfer) and no idea to which date counts towards a cancellation but most likely soon out at 50% -still better than most I concede-. Because I paid with a bank transfer I'm thinking my best chance is to wait for them to fail the due date so I can start a small claims court case.
What files should I be saving to backup a small claims court case?


there is a thread post in this thread on how to get a hold of United Kingdom consumer protection...see previous posts here

if it is more then 5 months according to alpha no refunds of your 30% at all..they keep the works by the by the amex lady said the biz to biz
you lose your consumer protection was crap according to the amex rep ..she also was not a big fan of their TOS (but i guess they just changed it)

likely they will bankrupt here soon and we will all be sh*t out of luck...but myself i was not gonna give them 70% of the rest w/o paypal anymore nor cc protection
no any prototype on their word..i'll eat the 667 usd and take an equip loss and get 25% or so of that back in equip depreciation on the bitcoin biz i have in USA (don't
ask had bank issues had to file..good i did or in trouble with IRS but i can at least get equp depreciation)

so full amount likely w/o cc amex coming thru on refund ..I'm likely out all in all 400 usd..if i string out and get the 25% back as an equip loss over a few years

anyway at least I found out Amex is feisty about this kinda thing but again if alpha goes belly up it won't matter.and now paypal seems to have jumped in cause amex
said it was fraud ...all very dramatic at my end (but i just get that from my sudden paypal dispute on paypal ...otherwise have no info just speculating on the "hey
we have done a dispute for you re do you sercuity kinda msgs...jeez

i just can't see a lot of folk paying that last 70% w/o paypal or cc protection.....not after watching hashfast/bfl and other pull these stunts

well looks like according to what amex said i have another 4 weeks at least till this is resolved (or not) likely by that point it will all be moot


anyway so it goes

Searing
full member
Activity: 139
Merit: 100
I pre-ordered the bigger (originally 25Mh/s) Viper on March 29th. Paid £1,635.00 with a bank transfer. Later on, I asked for it to be downgraded, which they did by marking the first order as completed and opening a new one for the Viper (50Mh/s) on the 22nd of May. I need only to pay £26.99 for that order to be fully paid.

I don't have the C.C. protection (having paid with a bank transfer) and no idea to which date counts towards a cancellation but most likely soon out at 50% -still better than most I concede-. Because I paid with a bank transfer I'm thinking my best chance is to wait for them to fail the due date so I can start a small claims court case.
What files should I be saving to backup a small claims court case?


Edit: I'm assuming due date as the date they mention on their latest update; "...before shipment (which will begin somewhere from the 15th-31st of July)..." Legally If they e-mail that as the latest update that's the one we can point to?
copper member
Activity: 2898
Merit: 1465
Clueless!
Just disputed my pre-order deposit through Discover, they had no problem doing the charge-back after I explained the situation. They said unless the vendor can provide them with a tracking order for shipping, with my signature, then I am not liable for the charge. Screw your criminal terms and conditions Alpha Tech. I really didn't want to have to do this, waited until the last minute for you to provide *any* shred of evidence you might deliver, but it's gone too far now and once you declare bankruptcy which is what I honestly believe is what will happen in the end it would then not be possible to reclaim via the CC company. Sad that this didn't work out, but I guess in hindsight not surprised. Lesson learned. Good luck everyone else!

thanks if amex comes back and is unsuccessful I will ask about the vendor and tracking number as you state above

but yeah still have a hard time believing that you can get away with ordering something at 30% down with paypal and then will lose that down payment
unless you mail them wire xfer w/o the benifit anymore of paypal or credit card protection of the last 70% for a product not shipped

but I've seen BFL get away with weirder stuff..who knows

anyway another thing to keep in mind if amex and or paypal (i'm so confused) or whoever this is getting punted around to..has no luch....it can get
punted back to me ..i guess chargeback wise

I too got a 'chargeback' but they can change their mind (amex/paypal) likely paypal will scuttle it....or they go bankrupt as you state....they say can take 4-6 weeks
to resolve so yeah if they declare bankruptcy the chargeback on amex will likely be rescinded....so keep that in mind with your discover card you may not be out of woods yet


anyway other people with different cards seem to at least get some info after the intial dispute...me with amex it is like i gave it to the NSA to solve or something nada
on info so far..just mysterious paypal disputes i have not initiated with paypal investigating and called amex and they say paypal is not involved...go figure?Huh? Smiley

Searing
Jump to: