Apparently, Asus'
Eee PC is so small, even
NewEgg's atypically quick fulfillment crew couldn't believe that five of these things could fit into a single cardboard shipping box, so they just decided to slap labels on entire cases and let 'em rip. Truth be told, there's no telling how nor why a number of users on the EeeUser.com forums were initially sent five machines for the price of one, but judging by a list of reports and even an accompanying picture, 'tis true. Supposedly, NewEgg caught on to what was happening and began turning shipments around before they were delivered, but rather than getting an apologetic call, credit towards a future purchase and a single overnighted laptop, some customers actually received all five. Granted, we're hearing that those in the latter camp were kind enough to let honesty prevail, but who knows how many lurkers are quietly slipping their newfound Eee PCs onto eBay as we speak. So, the question beckons: did any of you receive a whole lot of unexpected Eee PCs? Do tell.
[Via
DailyTech]
posted November 5th 2007 5:19PM
Moral/Legal
What would I do?
I know some kids whose families cannot afford
to have computers. Sorry, I would assume that the universe meant for me to
share the wealth, and give them to these kids.
Well, that certainly brings the price point into the sweet spot!
I second that. I wish I would have ordered one from NewEgg.
One word: CLUSTER!
with four extra Eee PCs, you could do a few scientific tests....
like checking if it will blend, or play doom...
I for one welcome our erroneously over-shipping overlords....
...in soviet russia, five Eee PCs mistakenly ships you!
Wow, that's a difficult position to be in. Do the wrong thing and wind up with 4 free Eee PCs or do the right thing and only keep one but help out one of the greatest retailers ever. Decisions, decisions.
I remember xoxide shipped me a 500W Ultra X-Connect PSU a long time ago for seemingly no reason. I called them up and offered it back and they said they'd send me a pre-paid label to ship it back, but they never did. I emailed back and never heard from them again. I held onto it, I wasn't about to waste my time trying to get them to take it back.
Being facetious or would you really be torn? Just do the right thing, geez.
Why would they want it back? X-connect PSU's are worse than Thermaltake PSU's, somehow.
No, I think it'd actually be difficult. Ultimately I'm fairly certain I'd do the right thing, but it's hard to turn down free stuff.
Regarding the X-Connect, it was free, so yeah. Honestly never had any trouble with it either.
Ahhhhhh.... that's where my PSU went. Bastard!
Donate one to the Charity of Me?
Wow. Wish I ordered :P
I wonder if newegg is actually going to try to contact all those people they sent out units to?
aoeu00: Even if NewEgg did, the dishonest people could just ignore them. I very much doubt NewEgg is going to send thugs after people to get the products back that they screwed up on.
Last year I ordered Motorola S805 bluetooth DJ headphones from Expansys and got two pairs, in separate packages one day after the other.
No further comment.
Yeah me too, i could use those to help my team communicate better with each other lol
See look what you're doing Engadget, ruining it for the rest of us. The new-egg employee's are gonna read this on front page and be like "oh shit lets get those back before everyone gets them" instead of being quiet and letting us "benefit".
I think here, it's horribly unethical not to contact them about it. NewEgg's profit margin can't be that high given how excellent their prices are, and here they shipped well over $1000 in extra equipment by accident, per incident. I hope karma is indeed a bitch for anyone who takes advantage of this.
Yeah I hope they go and accidentally give someone more than they asked or paid for sometime...oh wait, that wouldn't be karma, it'd just be their own fault.
Seriously I like Newegg and all, but that's capitalism baby
Newegg actually does good for them self. Even with the low prices. They are pretty cool about small mistakes and dont really mind. I dont think it would be to big of a deal if they lost maybe 50-150 of them.
What would be an issue is the stock. They are one of the only places that have them, and they are sold out. If you keep yours, someone who was supposed to get one clearly wont. You wouldnt want that to happen to you. Be nice, let someone else play with one. Dont ebay them, let newegg sell them.
They didn't contact Newegg; Newegg contacted them.
There's no legal obligation to ship back those Eees, just a moral one. It's not much of a loss for Newegg, but it's a loss for people who had their hearts set on purchasing an Eee... They're probably going to end up being hard-to-find.
Newegg's giving them a gift card, so it's not too bad having to ship back all those Eees...
I'm so glad to see people mentioning newegg's profit margin. I work for a similar company & it's literally single digits % profit (gross) per unit sold. You generally absorb mistakes because time/labor offset the return/resell, but it's still a loss.
I'm happy to see so many people with morals. I was really wondering as I clicked to view comments what people would say & thought I'd see more "finder's keepers" than "would contact them w/ mistake".
When CD-RWs cost about $350 each and their max burn speed was about 8x, I ordered one from a computer retailer which happened to have about the best price. For some reason, I received two, a Sony and the cheaper Creative I purchased. I contacted them, told them of their mistake (which they had no idea about, at least yet) and they apologised and gave me a bit of money to post it back to them (which I did). I don't think I could be as unscrupulous to keep an extra unit if I got one, especially with computer hardware. It is a moral responsibility, and I certainly hope that NewEgg got all their units back. Well done to those who complied too!
Funny so many people here are saying "Karma", "Guilt" etc..... but all of them would jump at a price mistake like that. Most people have illegally downloaded music, far less have stolen a CD from the store.
That is the funny thing... people can far too easily separate virtual stealing vs phsyical stealing.
this probably explains why they ran out of their stock after 1 day (instead of 5?)
If you wire them together I'm sure you could get that shuttlecraft into low orbit...
A few years ago, when 2GB SD cards were damned expensive, I ordered one from Buy.com for $100. 3 days later, I got two identical envelopes in the mail, both with 2GB SD cards. I called customer support, but the guy on the other end of the phone said, "Dude, just keep it!"
Companies like newegg have to get their act together, because, last I knew, if I receive something (in the mail) I didn't ask for, it's legally mine.
As it has been said, it is a more of a "moral obligation" to send it back. You could keep it, but there would (hopefully) be guilt attached to those 4 that you didn't pay for.
i don't think that's true.
if you get too much change, it's not yours,
your are obliged to return it.
if you mistakenly send your landlord two rent checks for the same month. he can't say "too bad. your mistake. mine now!"
Nope, if you receive something you did not order you are not legally obliged to return it. At least that is what I have been told.
They may not let you order from them again but they are powerless to get the items back.
what they say is true, you receive items in the mail you are not legally forced to return it.
This stems from the long ago days where people would "advertise" by sending you magazine subscriptions or small items from catalog for free for a number of months along with a bill that says "Keep this and pay or use this label to return it".
they have customer credit card numbers and they know the weight of the packages shipped. If they dont get the laptops back they have every right under the law to charge for them.
And you have every right to dispute the charge with your receipt showing you only ordered one.
Not if you didn't ask for them!
Working for a retailer, no they don't have any legal right to charge for the additional 4 laptops. You are only allowed to bill for the amount agreed upon by the consumer, this is why it's possible to dispute (and win) undisclosed shipping charges.
I seem to remember a case a while ago where a bank sent a person a check on accident and said person cashed it. They were then legally required to give the money back because it was legally not theirs (no such thing as bank error in your favor I guess :-)
I'm assuming the same would apply in this case. The people who got 5 know those extra units are not theirs and they're legally required to return them. Now, if NewEgg says they don't have to, that's one thing, but otherwise it's stealing.
Why do people always say "legally" but fail to specify what legality they are referring to...
Do you know of a federal law that says these items need to be returned? How about a state law?
Lay people have this view of "legal" that often doesn't make any sense. For something to be illegal, there needs to be a law stating that the act is prohibited.
I have no idea why Charlie has been low ranked and I honestly can't tell which "lay people" Portwineboy is referring to...
A pretty good argument exists under common law quasi-contract principles of quantum meruit (unjust enrichment). Basically, Charlie is correct, if you are unjustly enriched in some manner and you accept the benefit of it, then you are obliged to pay the value of that benefit. This is typical common law defined by state courts. So yes, there is a law - it just happens to be common law, imported from age-old British common law.
I don't think this qualifies under the Uniform Commercial Code (UCC) as a non-conforming shipment of goods (since you DID get the EEE that you requested), but if it did, then acceptance of the delivery STILL obliges you to pay the value of the shipment.
So my question to the community is again... why is Charlie low-ranked when he's correct? Bravo, Charlie, on not being one of the laymen.
Either way,
Actually, I believe they do have the right to charge your credit card under Ratification if my memory business law is correct.
Ratification is basically a person confirming a contract through his actions.
For example, if you order a $10 Cobb Salad at a restaurant and the waiter brings you a $30 Steak & Lobster, they have a right to charge you $30 on your bill if you ate it--despite the waiter mixing up the order.
Of course NewEgg needs to PROVE that they sent you 5. Sure they can point to the weight, get witnesses statements from honest buyers who returned them, etc...but its probably easier for them to write it off and fire the person who screwed up.
Just like how the restaurant would hate you for taking advantage of the mix-up, but would probably not charge you for the $30 Steak & Lobster if you put up a big fuss--even though its in their legal right too. Its bad PR for the restaurant, a bad tip for the waiter, and a bad experience for the other diners if a lot of commotion is being made about it.
@J
That is incorrect. What you are forgetting is intent. In order for common law to work in this case, one would have to prove that the recipient willfully intended to defraud NewEgg. By NewEgg admitting the mistake, there was no intent.
My understanding is that the Postal code does apply to these kinds of situations. Which in case means the customer does not have to do anything if they don't want to.
"If you do not wish to pay for unsolicited merchandise or make a donation to a charity sending such an item, you may do one of three things (in each case, by law, you have no obligation to the sender): "
As the third option on the USPS website states
"If you open the package and like what you find, you may keep it for free. In this instance, "finders-keepers" applies unconditionally."
It even goes on to say
"Furthermore, it is illegal for a company that sends you unordered merchandise to follow the mailing with a bill or dunning communication."
So as long as this falls under the postal code Newegg can't do anything once the customer receives the package.
Cris, if you're going to say I'm wrong, you probably want to be clearer as to why.
You said:
"What you are forgetting is intent. In order for common law to work in this case, one would have to prove that the recipient willfully intended to defraud NewEgg. By NewEgg admitting the mistake, there was no intent."
Note that I was talking about unjust enrichment, a quasi-contractual claim. You sound like you're talking about the intentional tort of defrauding someone, a distinctly different legal claim.
Moreover, I'm not sure why the intent of the recipient matters in this case, and why you are targetting the recipient as possibly being guilty of fraud. If anything, one could argue that NewEgg is guilty of fraud by shipping products and then charging for them (something CD distribution companies once did). I fail to see how the intent of the recipient turns on the willingness of the sender to admit mistake or not. Intent is a state of mind of a party-actor and typically doesn't depend on the actions of the victim.
@Kenban
That's a good find, Kenban, and pretty interesting. I'm wondering if this applies to all shipments or just shipments using USPS. I have no idea.
As a final note, if you look at the statute upon which this is based, USC Title 39, Chapter 30, Section 3009, it states that this is applicable to "unordered merchandise." I'm wondering how a court will determine unordered merchandise in this case. I know CD companies used to pull the above-referenced scam (sending and then charging), but where it is a genuine mistake on the part of a sender and where there WAS an agreement between sender and recipient as to the shipment of at least ONE of the items, then I'm not sure how this would play out.
Anyway, just food for thought.
Heh, love how my previous comment is ranked so low... Sorry guys, but the truth of the matter is that you should return them. Here's some information on at least the bank rules:
http://www.bankrate.com/brm/news/sav/Nov06_bank_errora1.asp
Granted, I don't know if they would apply in this case, but I'd rather not find out and have to pay the consequences. Besides, as previous people said, NewEgg is a cool company and I wouldn't want to screw them over just because I'm feeling a little greedy...
@Cris
You are totally right, dude. Furthermore, under the Articles of Confederation, NewEgg must provide you with a free Dodge Stratus (color of your choice) in the event that it fails to ship its merchandise inside exactly the type of packaging materials that you specify (i.e. bubble wrap when you expected styrofoam = free car, dude! Nice!).
Yes, the Treaty of Ghent modified this doctrine somewhat, but man, let's not get into that!
Wrong. Federal law is that it is the responsibility of the sender to ensure the items are correct. If unordered items are shipped it is within the receiver's rights to keep or toss them. I've had similar situations arise and looked up the laws. If they're nice about it and reimburse me for my time I return them, if they give me even the slightest bit of attitude...free stuff for me. :)
My statement was referring to common law and common law only. There has to be malicious intent involved. In this case, the recipient cannot be prosecuted because he/she did nothing to cause Newegg to ship 4 extra computers. The key is that Newegg made a mistake. There is no proof that actions from the recipients caused Newegg to make that mistake. Actually, by keeping the computers, recipients can quote "possession is 9/10...", which is also based on common law. Newegg could probably go after them in civil; but litigation would probably cost more than the computers.
BTW, they should be returned. I say this professionally because I am in law enforcement... personally because it is the right thing to do. Those that would not return them... think about it if Newegg charged your CC for 5 computers when you ordered one, and they shipped just one to you. You would go ballistic and scream fraud.
Wow, that sucks, I really love newegg! Send them back chumps.
Sure it's legally yours, but won't you feel just a lil bad about it?
compromise, send back two ;)