people taking amt to court did you read fully the ts n cs? they seem pretty tight.
i bring attention to the part that says you cannot resale your miner
• Resale Prohibited. Unless expressly authorized in writing by AMT, you shall not resell Product(s). If you breach the terms of this paragraph, in addition to AMT’s cancellation rights, you agree to fully indemnify AMT, its officers, employees and distributors from any and all resulting liability, including attorneys’ fees and costs.
and this which i believe says in short. if its not our fault then we cant accept responsibility
• 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
and this little bomb shell
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.
• Dispute Resolution. AMT and Buyer will attempt to settle all claims (other than claims relating to intellectual property issues) through negotiation or non-binding mediation prior to commencement of court proceedings.
i hope you dont loose your court cases due to that...... damages zipkins way.
http://advancedminers.com/terms-of-sale-consumer/I think there are many laws that were previously on the books that superseded these blanket statements. The one federal law about notifying the customer in 30 days of delays, is in direct conflict with this. (who do you think a judge would go with?) You might get away with writing some of this stuff on eBay, but it's not real world. And, even eBay will give you a refund when you ask.
there are laws that say you must be paid a minimum wage but if you accept a later written declaration or contract that waiver the rights then you dont have a leg to stand on. in my leyman understanding of this, this waives any responsibility of amt to delays outside of their control i.e the recent psu issues. much like bfls statement of the "3 months +" delivery date on pre orders and "all sales are final" (no refunds)
i am not professing that i have any law knowledge but if you accepted the terms after applicable laws this is what a judge 'may' say. you wavered any responsibility upon purchase. amt wins. lol.
If you've taken the full price up front in Nov/Dec and are scheduled to deliver in January, but don't bother trying to source your PSUs until March/April it's hardly a problem outside your control.
AMT didn't seem to have any problems with supplies when they posted the following:
Hey Guys,
Quick update, chips arrived today and will go to full surface mount and assembly on Tuesday. Hoping to get the first AMT1.2's shipped by Friday.
More to come...
Could you at least tell us how many chips you got so we can at least figure out how many rigs you can build and ship quickly?
Also, is another batch of chips coming?
I can tell you that we've received a lot. And enough to make it to your order and than some for sure.
We also have 12 assemblers located at our CM 8am to 4pm. Each of which has experience in building electronic components and devices that pass UL certification and ISO standards. The average build time per build team (2 assemblers each team) was clocked at 2.5 hrs per build. This includes wiring, assembly, modular install, initial testing, and packing.
So if they are working 8 hrs a day, 5 days a week, how many miners can we build in 1 day? How many in 1 week? and How many in 1 month?
If they did, they wouldn't have needed 12 assemblers. In fact, they wouldn't have needed one, for they would've been short supplies.
Also, I still can't figure out that will all the supplies on hand, all them assemblers, and hundreds of miners shipped up to last week (their own words), how the hell they missed shipping to a single person having a low queue position as shown on a list in a thread on this forum.
Two dozens barkers, and nary a one fed unless they showed up at the office, then at least one walked away sans what they were promised to be delivered mano-y-mano.