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Topic: Butterfly Labs Forced "On Hold For Refund" for all my Single SC orders - page 27. (Read 59168 times)

full member
Activity: 532
Merit: 104
I am not really clear on what it is you were implying

And you never will be. You could get 1000 posts in a day and you would still not understand a thing.

K9 - so assuming you have been following and read the posts in this thread from the beginning - are you defending xian's actions towards BFL?

[EDIT] and do you think it wise he blew away $15k by bitching when he could have sold his 2012 pre-order (for 5 x what he paid).

With hindsight, of course he should have sold his units. I personally never thought BFL would stoop to canceling the orders of angry customers. Especially the ones from June/July of 2012. I *think* BFL has the right to refund any of the pre-orders, should they wish to do so. On the other hand, that might open them up to legal issues if they don't deliver on a significant chunk of their pre-orders. I have already posted the relevant sections of Missouri law they are in violation of. It seems to be a pretty powerful statute.

It is pretty clear Xian could have gotten more than just his refund had he sold his orders on these forums. He has also been a bit strident about it, his spelling and grammar have been mediocre as well. However, he is righteously pissed, and I am not at my literary best when I am upset either. Still, his actions in this thread leave a lot of room for improvement.  Wink

I take your point that forcing a cancellation from an angry customer is bad - and I think unprecedented for BFL - if it is unprecedented which I think it is - does that not make you think how bad this guys rants must have been...

I have a personal opinion about this .. but lets put that aside. 

What I find fascinating is that he perpetuates the same behaviour and then is surprised that the result is what it was and then echos the reason it happened as a reason about why it shouldn't have happened.
sr. member
Activity: 335
Merit: 250


The ones who shout the loudest have avalon asics and they really, really, really want BFL to fail - to the point they can taste it. More asics = less coins for them. I fear the need for you 'old timers' to want to educate us noobs is less altruism and more greed.
Wait, you mean we have nothing to gain by having BFL ship and meet their performance specs?

Here I am sitting on a ton of BitCoins and my whoredom to Avalon is so great that I wouldn't ever dream/want to make money from a cheaper (yet unreliable?) alternative called BFL?

Raise your hand if you wouldn't buy from a cheaper alternative? I buy hardware to mine Bitcoins, not to "date" the vendors rep.

-----------------

The only truth is I am waiting to see if "the Avalon Clones" being made are worthwhile. They may be alot cheaper than even the BFL Hardware. Their reliability is still an unanswerable question. In which case, if BFL fails it will be my first strategic choice.

Your assumptions are distorted and inane.

Your fascination with the word distorted is noted. You have used it at least once in last few posts. You also mentioned NLP a little while back. I am sure there is a link here somewhere... help me figure it out.

I hope you arent fixing hard drives today :
https://plus.google.com/104100515304524528467/about?gl=us&hl=en

Did you get my postcards?

oh shit .. did I let the cat out the bag .. fuck .. ooopss





Quote

Lila York reviewed a year ago
Overall Poor to fair
didn't understand data recovery. had to send it to new york then lost the drive!!

that right there. . .it's priceless
hero member
Activity: 574
Merit: 500
I am not really clear on what it is you were implying

And you never will be. You could get 1000 posts in a day and you would still not understand a thing.

K9 - so assuming you have been following and read the posts in this thread from the beginning - are you defending xian's actions towards BFL?

[EDIT] and do you think it wise he blew away $15k by bitching when he could have sold his 2012 pre-order (for 5 x what he paid).

With hindsight, of course he should have sold his units. I personally never thought BFL would stoop to canceling the orders of angry customers. Especially the ones from June/July of 2012. I *think* BFL has the right to refund any of the pre-orders, should they wish to do so. On the other hand, that might open them up to legal issues if they don't deliver on a significant chunk of their pre-orders. I have already posted the relevant sections of Missouri law they are in violation of. It seems to be a pretty powerful statute.

It is pretty clear Xian could have gotten more than just his refund had he sold his orders on these forums. He has also been a bit strident about it, his spelling and grammar have been mediocre as well. However, he is righteously pissed, and I am not at my literary best when I am upset either. Still, his actions in this thread leave a lot of room for improvement.  Wink

I take your point that forcing a cancellation from an angry customer is bad - and I think unprecedented for BFL - if it is unprecedented which I think it is - does that not make you think how bad this guys rants must have been...
full member
Activity: 532
Merit: 104
I am not really clear on what it is you were implying

And you never will be. You could get 1000 posts in a day and you would still not understand a thing.

So you refuse to articulate the bet, but continue to talk shit. I see.

You don't understand anything I articulate, remember?  So dolor sit amet, consectetur adipiscing elit. Maecenas lacinia lacinia molestie. Maecenas porttitor consectetur nulla non pretium. Mauris at risus ut leo luctus eleifend.

Sorry I am a noob.. I don't understand .. throw a dog a bone..

Umm .. I believe we were discussing a bet ... you still talking shit .. or is your money where you mouth isn't ?
full member
Activity: 532
Merit: 104
A more apt analogy:
You pay in advance entrance fee to a club...
Club turns out to be an empty warehouse filled with fans...
Bouncer threatens you for warning others about the club.
in this case, you take your smokes - finish your drink (assuming they had a bar - in which case there was no need to get comfortable ) - take the refund they offer you at the door and fuck off.

Except that I paid a lot of money to attend the club grand opening a year ago, and they threw me out for complaining about the lack of drinks and music when the DJ was laughing at all of us for paying the cover charge.


They threw  you out and said, "Go home xian you are drunk!"

I like that too...

The trouble is that xian can no longer respond to you, seeing as he stated he is 'ignoring' you. Although he did previously state that he added me to his 'ignore' list - but later replied anyway, so you might get lucky...
yeah but the best part is he see you quoting me Smiley so what did that tool really accomplish?

No he wont see my posts because he has 'apparently' marked me as 'ignored' too - so we are safe

damn it somebody quote this so Xian has to see it!!!

Quoted without prejudice.
legendary
Activity: 1190
Merit: 1000
I am not really clear on what it is you were implying

And you never will be. You could get 1000 posts in a day and you would still not understand a thing.

So you refuse to articulate the bet, but continue to talk shit. I see.

You don't understand anything I articulate, remember?  So dolor sit amet, consectetur adipiscing elit. Maecenas lacinia lacinia molestie. Maecenas porttitor consectetur nulla non pretium. Mauris at risus ut leo luctus eleifend.
sr. member
Activity: 335
Merit: 250


The ones who shout the loudest have avalon asics and they really, really, really want BFL to fail - to the point they can taste it. More asics = less coins for them. I fear the need for you 'old timers' to want to educate us noobs is less altruism and more greed.
Wait, you mean we have nothing to gain by having BFL ship and meet their performance specs?

Here I am sitting on a ton of BitCoins and my whoredom to Avalon is so great that I wouldn't ever dream/want to make money from a cheaper (yet unreliable?) alternative called BFL?

Raise your hand if you wouldn't buy from a cheaper alternative? I buy hardware to mine Bitcoins, not to "date" the vendors rep.

-----------------

The only truth is I am waiting to see if "the Avalon Clones" being made are worthwhile. They may be alot cheaper than even the BFL Hardware. Their reliability is still an unanswerable question. In which case, if BFL fails it will be my first strategic choice.

Your assumptions are distorted and inane.

Your fascination with the word distorted is noted. You have used it at least once in last few posts. You also mentioned NLP a little while back. I am sure there is a link here somewhere... help me figure it out.

I hope you arent fixing hard drives today :
https://plus.google.com/104100515304524528467/about?gl=us&hl=en

Did you get my postcards?

oh shit .. did I let the cat out the bag .. fuck .. ooopss



God damn it wtf with all the retards in texas.  .I need to gtfo before it rubs off. .. .
legendary
Activity: 1190
Merit: 1000
I am not really clear on what it is you were implying

And you never will be. You could get 1000 posts in a day and you would still not understand a thing.

K9 - so assuming you have been following and read the posts in this thread from the beginning - are you defending xian's actions towards BFL?

[EDIT] and do you think it wise he blew away $15k by bitching when he could have sold his 2012 pre-order (for 5 x what he paid).

With hindsight, of course he should have sold his units. I personally never thought BFL would stoop to canceling the orders of angry customers. Especially the ones from June/July of 2012. I *think* BFL has the right to refund any of the pre-orders, should they wish to do so. On the other hand, that might open them up to legal issues if they don't deliver on a significant chunk of their pre-orders. I have already posted the relevant sections of Missouri law they are in violation of. It seems to be a pretty powerful statute.

It is pretty clear Xian could have gotten more than just his refund had he sold his orders on these forums. He has also been a bit strident about it, his spelling and grammar have been mediocre as well. However, he is righteously pissed, and I am not at my literary best when I am upset either. Still, his actions in this thread leave a lot of room for improvement.  Wink
full member
Activity: 532
Merit: 104
I am not really clear on what it is you were implying

And you never will be. You could get 1000 posts in a day and you would still not understand a thing.

So you refuse to articulate the bet, but continue to talk shit. I see.
sr. member
Activity: 335
Merit: 250
A more apt analogy:
You pay in advance entrance fee to a club...
Club turns out to be an empty warehouse filled with fans...
Bouncer threatens you for warning others about the club.
in this case, you take your smokes - finish your drink (assuming they had a bar - in which case there was no need to get comfortable ) - take the refund they offer you at the door and fuck off.

Except that I paid a lot of money to attend the club grand opening a year ago, and they threw me out for complaining about the lack of drinks and music when the DJ was laughing at all of us for paying the cover charge.


They threw  you out and said, "Go home xian you are drunk!"

I like that too...

The trouble is that xian can no longer respond to you, seeing as he stated he is 'ignoring' you. Although he did previously state that he added me to his 'ignore' list - but later replied anyway, so you might get lucky...
yeah but the best part is he see you quoting me Smiley so what did that tool really accomplish?

No he wont see my posts because he has 'apparently' marked me as 'ignored' too - so we are safe

damn it somebody quote this so Xian has to see it!!!
full member
Activity: 532
Merit: 104


The ones who shout the loudest have avalon asics and they really, really, really want BFL to fail - to the point they can taste it. More asics = less coins for them. I fear the need for you 'old timers' to want to educate us noobs is less altruism and more greed.
Wait, you mean we have nothing to gain by having BFL ship and meet their performance specs?

Here I am sitting on a ton of BitCoins and my whoredom to Avalon is so great that I wouldn't ever dream/want to make money from a cheaper (yet unreliable?) alternative called BFL?

Raise your hand if you wouldn't buy from a cheaper alternative? I buy hardware to mine Bitcoins, not to "date" the vendors rep.

-----------------

The only truth is I am waiting to see if "the Avalon Clones" being made are worthwhile. They may be alot cheaper than even the BFL Hardware. Their reliability is still an unanswerable question. In which case, if BFL fails it will be my first strategic choice.

Your assumptions are distorted and inane.

Your fascination with the word distorted is noted. You have used it at least once in last few posts. You also mentioned NLP a little while back. I am sure there is a link here somewhere... help me figure it out.

I hope you arent fixing hard drives today :
https://plus.google.com/104100515304524528467/about?gl=us&hl=en

Did you get my postcards?

oh shit .. did I let the cat out the bag .. fuck .. ooopss

sr. member
Activity: 335
Merit: 250
the Implied contract your talking about is covered under UCC there it the revision (which I understand to be the controlling factor) for the state of missouri:

http://www.moga.mo.gov/statutes/C400-499/40002A0505.HTM

Quote
400.2A-505. (1) On cancellation of the lease contract, all obligations that are still executory on both sides are discharged, but any right based on prior default or performance survives, and the cancelling party also retains any remedy for default of the whole lease contract or any unperformed balance.

(2) On termination of the lease contract, all obligations that are still executory on both sides are discharged but any right based on prior default or performance survives.

(3) Unless the contrary intention clearly appears, expressions of "cancellation", "rescission", or the like of the lease contract may not be construed as a renunciation or discharge of any claim in damages for an antecedent default.

(4) Rights and remedies for material misrepresentation or fraud include all rights and remedies available under this Article for default.

(5) Neither rescission nor a claim for rescission of the lease contract nor rejection or return of the goods may bar or be deemed inconsistent with a claim for damages or other right or remedy.


http://www.moga.mo.gov/statutes/chapters/chap407.htm
Now I'm no lawyer, so correct me where you see fit to argue point or redirect me to where you feel I haven't looked.

but it seems that (1) says that cancellation relieves both parties from "obligations that are still executory", so unless he can prove prior breach, there is no recourse

please let me know if I miss something.

also  christians(xian)'s order http://i.imgur.com/V2b80U1.jpg
was placed when the web site appeared like this:
http://web.archive.org/web/20120628113158/http://www.butterflylabs.com/order-form-bitforce-sc-single/

it cleared stated "currently scheduled for October", which clearly show "scheduled" not "shipping" which is a huge difference.

so that's out as point of default

Yes, when he ordered it was scheduled for October. After that date came and went, the series of misrepresentations about the state of the product became more numerous. But even before then, statements about measurements of power usage and performance were made. It was only after BFL shipped their first few units that people realized that those claims about power usage could not possibly have been valid. In fact, there is much evidence to suggest that BFL did not have any working chips at all by October 2012. Of course, that would have made it impossible to measure the power usage of them.

and since he and everybody else who didn't just accept the refund agreed to the new specification in accordance with UCC, there isn't much else to say... .

now I'm no lawyer and this isn't to be construed as legal advice, feel free to point to the mistakes, as I would enjoy learning through interaction. Smiley truly Smiley

Yes. Having their customers agree to the new specifications was a very important legal hurdle for BFL to surmount. Had they not done so, they would have been up a creek sans paddle so to speak. The problem is that BFL took payment in full for the pre-orders. Most companies do not charge your card for the full amount until they can ship you the product. They authorize the purchase, but do not complete it. BFL could not support credit cards to pre-order because CC companies frown on imaginary products being sold (they will yank your account and freeze your funds). That puts them into a very gray legal area. For instance, how do they account for those funds? They cannot be sales because they have not shipped the units. Do they collect sales tax? Do they escrow the funds? Are they using the funds for capital investments and/or development? Did they notify their customers that their pre-order funds would be used for these purposes and does that constitute a solicitation of investment?

so I see this a good old game of chase the point. . .
actually the process of getting their customers to agree was non-voluntary and in compliance with the legal guidelines established by the UCC (you can look that up I'm not your personal wikipedia Tongue ). not only was it proper, but legally necessary to continue the "implied" contract you are so fond of. also required by Missouri consumer protections. .  . . .Most companies do charge pre-orders. . .otherwise it's called a reservation. . .just look up Duke Nukem' receipt on google images that poor bastard had a 11 y.o. pre-order receipt.
legendary
Activity: 1176
Merit: 1005

Moron on ignore.

Look up "offer and acceptance."  Drooler.
hero member
Activity: 574
Merit: 500
I am not really clear on what it is you were implying

And you never will be. You could get 1000 posts in a day and you would still not understand a thing.

K9 - so assuming you have been following and read the posts in this thread from the beginning - are you defending xian's actions towards BFL?

[EDIT] and do you think it wise he blew away $15k by bitching when he could have sold his 2012 pre-order (for 5 x what he paid).
legendary
Activity: 1190
Merit: 1000
I am not really clear on what it is you were implying

And you never will be. You could get 1000 posts in a day and you would still not understand a thing.
hero member
Activity: 574
Merit: 500
A more apt analogy:
You pay in advance entrance fee to a club...
Club turns out to be an empty warehouse filled with fans...
Bouncer threatens you for warning others about the club.
in this case, you take your smokes - finish your drink (assuming they had a bar - in which case there was no need to get comfortable ) - take the refund they offer you at the door and fuck off.

Except that I paid a lot of money to attend the club grand opening a year ago, and they threw me out for complaining about the lack of drinks and music when the DJ was laughing at all of us for paying the cover charge.


They threw  you out and said, "Go home xian you are drunk!"

I like that too...

The trouble is that xian can no longer respond to you, seeing as he stated he is 'ignoring' you. Although he did previously state that he added me to his 'ignore' list - but later replied anyway, so you might get lucky...
yeah but the best part is he see you quoting me Smiley so what did that tool really accomplish?

No he wont see my posts because he has 'apparently' marked me as 'ignored' too - so we are safe
legendary
Activity: 1190
Merit: 1000
the Implied contract your talking about is covered under UCC there it the revision (which I understand to be the controlling factor) for the state of missouri:

http://www.moga.mo.gov/statutes/C400-499/40002A0505.HTM

Quote
400.2A-505. (1) On cancellation of the lease contract, all obligations that are still executory on both sides are discharged, but any right based on prior default or performance survives, and the cancelling party also retains any remedy for default of the whole lease contract or any unperformed balance.

(2) On termination of the lease contract, all obligations that are still executory on both sides are discharged but any right based on prior default or performance survives.

(3) Unless the contrary intention clearly appears, expressions of "cancellation", "rescission", or the like of the lease contract may not be construed as a renunciation or discharge of any claim in damages for an antecedent default.

(4) Rights and remedies for material misrepresentation or fraud include all rights and remedies available under this Article for default.

(5) Neither rescission nor a claim for rescission of the lease contract nor rejection or return of the goods may bar or be deemed inconsistent with a claim for damages or other right or remedy.


http://www.moga.mo.gov/statutes/chapters/chap407.htm
Now I'm no lawyer, so correct me where you see fit to argue point or redirect me to where you feel I haven't looked.

but it seems that (1) says that cancellation relieves both parties from "obligations that are still executory", so unless he can prove prior breach, there is no recourse

please let me know if I miss something.

also  christians(xian)'s order http://i.imgur.com/V2b80U1.jpg
was placed when the web site appeared like this:
http://web.archive.org/web/20120628113158/http://www.butterflylabs.com/order-form-bitforce-sc-single/

it cleared stated "currently scheduled for October", which clearly show "scheduled" not "shipping" which is a huge difference.

so that's out as point of default

Yes, when he ordered it was scheduled for October. After that date came and went, the series of misrepresentations about the state of the product became more numerous. But even before then, statements about measurements of power usage and performance were made. It was only after BFL shipped their first few units that people realized that those claims about power usage could not possibly have been valid. In fact, there is much evidence to suggest that BFL did not have any working chips at all by October 2012. Of course, that would have made it impossible to measure the power usage of them.

and since he and everybody else who didn't just accept the refund agreed to the new specification in accordance with UCC, there isn't much else to say... .

now I'm no lawyer and this isn't to be construed as legal advice, feel free to point to the mistakes, as I would enjoy learning through interaction. Smiley truly Smiley

Yes. Having their customers agree to the new specifications was a very important legal hurdle for BFL to surmount. Had they not done so, they would have been up a creek sans paddle so to speak. The problem is that BFL took payment in full for the pre-orders. Most companies do not charge your card for the full amount until they can ship you the product. They authorize the purchase, but do not complete it. BFL could not support credit cards to pre-order because CC companies frown on imaginary products being sold (they will yank your account and freeze your funds). That puts them into a very gray legal area. For instance, how do they account for those funds? They cannot be sales because they have not shipped the units. Do they collect sales tax? Do they escrow the funds? Are they using the funds for capital investments and/or development? Did they notify their customers that their pre-order funds would be used for these purposes and does that constitute a solicitation of investment?

Edit: And yes, ASICMiner has only achieved 24% of the network hash rate. I believe only Avalon unit account for a larger percentage. But ASICMiner is walking carefully for very good reason. Right now, friedcat and btcguild could get together and attempt a 51% attack. The fact that it only takes 2 entities to accomplish this makes a lot of people nervous.
full member
Activity: 532
Merit: 104
I am sorry I missed your point

Yep. I don't expect you to understand anything.

Over under on when int03h vanishes into the setting sun: 18 days.

I'll take the under  Grin

You want to bet on that?

I don't understand because you don't make any fucking sense..  


Go put a bet on a bitcoin betting site. I don't do anything without escrow that involves people who only have posts dated from today.  Cheesy
Of course I don't make sense to you. Nothing I type will ever make sense to you.

Let us first discuss the terms since I am not really clear on what it is you were implying.. (NOTE IT IS YOU THAT IS SAYING IT .. NOT ME )
But I see there is a bet here somewhere .. please articulate it as best you can.. I am happy to put up 10BTC..

sr. member
Activity: 335
Merit: 250
A more apt analogy:
You pay in advance entrance fee to a club...
Club turns out to be an empty warehouse filled with fans...
Bouncer threatens you for warning others about the club.
in this case, you take your smokes - finish your drink (assuming they had a bar - in which case there was no need to get comfortable ) - take the refund they offer you at the door and fuck off.

Except that I paid a lot of money to attend the club grand opening a year ago, and they threw me out for complaining about the lack of drinks and music when the DJ was laughing at all of us for paying the cover charge.


They threw  you out and said, "Go home xian you are drunk!"

I like that too...

The trouble is that xian can no longer respond to you, seeing as he stated he is 'ignoring' you. Although he did previously state that he added me to his 'ignore' list - but later replied anyway, so you might get lucky...
yeah but the best part is he see you quoting me Smiley so what did that tool really accomplish?
hero member
Activity: 574
Merit: 500
A more apt analogy:
You pay in advance entrance fee to a club...
Club turns out to be an empty warehouse filled with fans...
Bouncer threatens you for warning others about the club.
in this case, you take your smokes - finish your drink (assuming they had a bar - in which case there was no need to get comfortable ) - take the refund they offer you at the door and fuck off.

Except that I paid a lot of money to attend the club grand opening a year ago, and they threw me out for complaining about the lack of drinks and music when the DJ was laughing at all of us for paying the cover charge.


They threw  you out and said, "Go home xian you are drunk!"

I like that too...

The trouble is that xian can no longer respond to you, seeing as he stated he is 'ignoring' you. Although he did previously state that he added me to his 'ignore' list - but later replied anyway, so you might get lucky...
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