@clenell
Not defending anyone here, but if they are shipping you a miner which was the original intent why not just take it? Least you getting what you paid for. If its a matter of principle, its going to get complicated and more costly if you start getting lawyers involved. Sounds like they are getting their groove on. At the very least you can jump on and show people it works. You would be getting your hardware (better late than never). Sucks you had to go through what you did to get it. But at the end of the day you would have it and now they are also stating they will post a tracking number to show proof it is going to you. Least that way they now hold themselves accountable to their words here. We are all seeing it.
Consider that before acting out of anger and emotion. It won't serve you well in this situation. Not shilling here, just trying to help you see that you are getting the miner you deserve now vs having to go through a legally painful and expensive fight only to wind up getting the same thing and losing more in the process. Its more a logical way of thinking. Not to mention that is usually how it plays out.
sorry, if AMT has taught me anything it's to not trust a word they say. what part of "they have lied about everything" are you not grasping? wait until you have to deal with these guys personally. you will see what i am talking about. they are con artists plain and simple. tracking number? pfft... whatever. i'll see them in court.
let me ask you a question. do you think i am exaggerating when i say they are lying about everything?
Oh I get where you are coming from. I know you have been burned bad by this that much is obvious. The point is now they have publicly put themselves on the spot specifically as posting a tracking number and info that holds them to actual account. If they don't come through in any shape or form on the whole order (PSU and all) then you have your smoking gun (legally speaking) This was done now with virtual witnesses. So yea you have a right to your refund of course. I'm just saying have a cooler head about it and think about what it means for you if they fail to live up to their side again. Now you have something that multiple people have seen. They arbitrarily changed their refund terms as well. From a legal standpoint this actually works. For if they don't deliver, you have your smoking gun which was posted in public. They have already lied more than once. But by their own admission a tracking number. If you get a defective miner which you need to prove (video unboxing to power on to hashing without a break in video) and you can also show malicious retaliation on their part. Again there is more to consider than a point of money here. You could gain more going this route and have it be alot less painless for you. They did state they would send you a miner and later a powersupply (but you can buy your own which is not a bad thing to have spares on hand anyway)
But as you have a lawyer I strongly would recommend you consult with him/her before honestly posting more here. You could seriously be hurting your case with your actions alone. Just trying to help here. I get they have lied to you over and over again.
On the other hand if you keep on going refusing whatever they offer, they can take it as a sign of you being difficult and spin it that way in court (and it is a valid scenario) with documentation including whats in this forum to back it up. Which costs you more in the end. All I am saying is think carefully about how it will impact you. You get what you originally were looking to buy or you get a refund and potentially a harassment lawsuit, they alluded to (which you might get anyway in all this) that you now have to spend said refund on a lawyer to defend you. On the other hand take the miner make some money mining and do something with it (not gonna get into ROI discussions its still possible to make some money if you know what you doing). You also at one point did say you would take that and call it a day and be done with it (refund as well) but neither has happened to this point, so you are in every right to be angry. They have lied to you at every turn. But now they have put themselves in a very specific public accountability situation where we all see the tracking and now can see if you get what they promised this time. This will make or break their credibility on a permanent basis (all said I think its largely broken but since they appear to be making an effort to make it right its a step in the right direction).
This is more about picking your battles. But again. Seriously before even posting here talk to your lawyer. Least you have that right afforded to you now.
You have a right to your refund as well. They said they changed their refund policy because of you. However as of this moment it is still what it was before
http://advancedminers.com/terms-of-sale-consumer/ "Consumer Refund. AMT will only provide financial refunds if AMT is at fault for noncompliance with these terms and conditions, and any/all future terms and conditions AMT publishes and/or makes notice of."
That said I think this will also apply in the terms.
"Excusable Delay. AMT shall not be liable for any delay or failure to perform due to any cause beyond its control or the control of its suppliers or subcontractors such as, for example, strikes, acts of God, acts of Buyer, Acts of Financial Payment Processing institutions, including freezing/holding of accounts, consumer payments, and interruption of transportation or inability to obtain the necessary labor, materials or facilities. Delivery schedules shall be considered extended by a period of time which AMT deems necessary due to the event circumstances or cause of delay. In the event AMT is unable wholly or partially to perform because of any such cause it may cancel its acceptance of Buyer’s order without liability to Buyer."
For the most part this is a vanilla type agreement that most merchants have. But the consumer can address this in court to their satisfaction. If there were manufacturing delays due to supplier the burden is on them to show that.
Essentially you are being given an out and they are mediating this with you instead of taking it to the cops for corporate harassment (If you really did call his sister's phone that's all they need). If they have been bothered in the ways they are saying then they have a leg to stand on and it could cost you even if you win in one way you lose in another. Sure they may be playing the victim here to some degree they do have the right. But they also do have a legal obligation to do what they said as well. That however does not warrant the retaliation they have gotten in their personal lives.
Doesn't matter if they deserve it or not. Our legal system doesn't permit it. That's the bottom line. Trying to be the voice of reason here. Not siding with AMT or Clenell, just posting the actual scenario that will ensue should he decide to go full bore and stick to his guns without compromise. Also listing the potential outcome should he just accept the terms of mediation (which is basically their offer of the miner) Not calling this an official mediation as its far from it. BUT it shows intent.
