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Hot!Petition for GPUs Extended Warranty Refund

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redteamgo
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Re: Petition for GPUs Extended Warranty Refund 2022/09/27 10:55:48 (permalink)
demon09
Nereus
 
I'd be very surprised if they offered a refund on extended warranties, particularly if you've had it for a year or more already. EVGA said they intend to continue operations, so they will continue to cover warranty claims. As long as that remains their status quo, then there will not be any refunds. At the same time, dropping such a huge section of their product line makes their future appear somewhat dubious. If they do start refunding at least recent extended warranties, then I would take that as they don't intend to be a going concern for much longer.
 


it could also be they don't want to hold stock for 7 years? I fully belive they will support the cards as long as they stay in bussiness but the length of the longer warranties does beg the question are they really going to hold 30 series cards for almost a decade somewhere for rma's or will there come a point where they just have no rma stock and say best of luck.


I want to point out something very important here.


It does not matter what EVGA wants.  They have a contractual obligation to perform and fulfill a given warranty to the extent it is required.  If the contract cannot be fulfilled based on parts availability, a cash settlement is one of many options.  That settlement is not based on the price of the extended warranty, but the delta of the FMV of the device under warranty as if it were still working to spec and a comparable non-EVGA replacement.
post edited by redteamgo - 2022/09/27 11:04:47

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#31
Nereus
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Re: Petition for GPUs Extended Warranty Refund 2022/09/27 11:18:08 (permalink)
redteamgo
demon09
Nereus
I'd be very surprised if they offered a refund on extended warranties, particularly if you've had it for a year or more already. EVGA said they intend to continue operations, so they will continue to cover warranty claims. As long as that remains their status quo, then there will not be any refunds. At the same time, dropping such a huge section of their product line makes their future appear somewhat dubious. If they do start refunding at least recent extended warranties, then I would take that as they don't intend to be a going concern for much longer.

it could also be they don't want to hold stock for 7 years? I fully belive they will support the cards as long as they stay in bussiness but the length of the longer warranties does beg the question are they really going to hold 30 series cards for almost a decade somewhere for rma's or will there come a point where they just have no rma stock and say best of luck.

I want to point out something very important here.


It does not matter what EVGA wants.  They have a contractual obligation to perform and fulfill a given warranty to the extent it is required.  If the contract cannot be fulfilled based on parts availability, a cash settlement is one of many options.  That settlement is not based on the price of the extended warranty, but the delta of the FMV of the device under warranty as if it were still working to spec and a comparable non-EVGA replacement.

If they are still in business, EVGA will honor the warranty one way or another - they've made that clear repeatedly. The warranty won't be worth a hill of beans if they are no longer in business though - once the company closes (the company being a legal entity unto itself), there is nobody to serve claim to. As part of the winding up process, they may refund whatever you paid for the warranty though, which would be pro-rated based on the period of warranty remaining (at least for extended warranties). 
 

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#32
transdogmifier
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Re: Petition for GPUs Extended Warranty Refund 2022/09/27 11:29:29 (permalink)
ty_ger07
transdogmifier
EVGATech_LeeM
Hello,
 
If you have questions about your extended warranty, please contact our Customer Service:
https://www.evga.com/about/contactus/



I'm fine with what I have on my 3090 (10 year)....I have no desire for a refund.
 

If they can't fulfill the warranty in 5 years, would you change your mind?



Probably not. The cost of the warranty is negligible to me. (I got it before they increased the cost)....Not saying people who want the refund shouldn't be getting it ...
I just don't have the time to worry about what amounts to nothing (imo)
 

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#33
redteamgo
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Re: Petition for GPUs Extended Warranty Refund 2022/09/27 11:30:35 (permalink)
Nereus
snip
 
they may refund whatever you paid for the warranty though, which would be pro-rated based on the period of warranty remaining (at least for extended warranties). 
 

negative.  closing the doors doesn't mean you can just sunset coverage of existing contracts.  underallocate resources?  well thats a problem.  for them.  they only way you completely dodge the obligation is to scuttle all of the branding, logos, trademarks, IP, everything for no consideration - a financial suicide.  and even then, I doubt it.  there are plenty of ways to sink your teeth into individuals and companys attempting to dodge their obligations.  EVGA just dropped their company scale.  can they afford the tail coverage on their sales?  time will tell.  Here is CA's electronic lemon law:
 
 
Section 1793.03 of the California Lemon Law, a manufacturer of an electronic product, including a television, computer, radio or similar gadget that is worth more than $100.00 must include parts that can be repaired for at least seven years after the electronic was manufactured. In addition, the manufacturer must have spare parts available even if the seven-year period goes past the manufacturer’s warranty.
post edited by redteamgo - 2022/09/27 11:39:08

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#34
Nereus
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Re: Petition for GPUs Extended Warranty Refund 2022/09/27 11:58:32 (permalink)
redteamgo
Nereus
snip
 
they may refund whatever you paid for the warranty though, which would be pro-rated based on the period of warranty remaining (at least for extended warranties). 
negative.  closing the doors doesn't mean you can just sunset coverage of existing contracts.  underallocate resources?  well thats a problem.  for them.  they only way you completely dodge the obligation is to scuttle all of the branding, logos, trademarks, IP, everything for no consideration - a financial suicide.  and even then, I doubt it.  there are plenty of ways to sink your teeth into individuals and companys attempting to dodge their obligations.  EVGA just dropped their company scale.  can they afford the tail coverage on their sales?  time will tell.  Here is CA's electronic lemon law:
 
Section 1793.03 of the California Lemon Law, a manufacturer of an electronic product, including a television, computer, radio or similar gadget that is worth more than $100.00 must include parts that can be repaired for at least seven years after the electronic was manufactured. In addition, the manufacturer must have spare parts available even if the seven-year period goes past the manufacturer’s warranty.

Has that law ever been enforced? Presumably it only applies within CA, so even if you and the manufacturer reside in CA, if you purchased the item online, nexus could be an issue. Regardless, if you buy a product with say a 3 year warranty, and it breaks down after 5 years, I don't see this section of CA law being worth the paper it is written on - when buying the warrantied product, it would be implied that you agreed to the 3 year warranty that came with it. Same with extended warranty. I'm not a lawyer though. My quoted post was specifically about paying out refunds on a pro-rated basis for extended warranties though, should the company wind up.
 
As mentioned, a business is a legal entity, and if the business no longer exists, then the law is moot if there is no entity to claim against. The business' owners have limited liability so you can't claim against them personally either - separate entity.
 
 

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#35
redteamgo
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Re: Petition for GPUs Extended Warranty Refund 2022/09/27 12:34:23 (permalink)
Nereus
redteamgo
Nereus
snip
 
they may refund whatever you paid for the warranty though, which would be pro-rated based on the period of warranty remaining (at least for extended warranties). 
negative.  closing the doors doesn't mean you can just sunset coverage of existing contracts.  underallocate resources?  well thats a problem.  for them.  they only way you completely dodge the obligation is to scuttle all of the branding, logos, trademarks, IP, everything for no consideration - a financial suicide.  and even then, I doubt it.  there are plenty of ways to sink your teeth into individuals and companys attempting to dodge their obligations.  EVGA just dropped their company scale.  can they afford the tail coverage on their sales?  time will tell.  Here is CA's electronic lemon law:
 
Section 1793.03 of the California Lemon Law, a manufacturer of an electronic product, including a television, computer, radio or similar gadget that is worth more than $100.00 must include parts that can be repaired for at least seven years after the electronic was manufactured. In addition, the manufacturer must have spare parts available even if the seven-year period goes past the manufacturer’s warranty.

Has that law ever been enforced? Presumably it only applies within CA, so even if you and the manufacturer reside in CA, if you purchased the item online, nexus could be an issue. Regardless, if you buy a product with say a 3 year warranty, and it breaks down after 5 years, I don't see this section of CA law being worth the paper it is written on - when buying the warrantied product, it would be implied that you agreed to the 3 year warranty that came with it. Same with extended warranty. I'm not a lawyer though. My quoted post was specifically about paying out refunds on a pro-rated basis for extended warranties though, should the company wind up.
 
As mentioned, a business is a legal entity, and if the business no longer exists, then the law is moot if there is no entity to claim against. The business' owners have limited liability so you can't claim against them personally either - separate entity.
 
 

Eh. Paying a prorated refund is the minimum offer to wiggle out. Offers can be accepted or rejected.

Structure has no bearing on whether or not the corporate veil can be pierced.

Getting into detail here is not the right place or time. I hope all will be well and this is all moot. We will have to agree to disagree.

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#36
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Re: Petition for GPUs Extended Warranty Refund 2022/09/27 13:53:05 (permalink)
redteamgo
Nereus
redteamgo
Nereus
snip
 
they may refund whatever you paid for the warranty though, which would be pro-rated based on the period of warranty remaining (at least for extended warranties). 
negative.  closing the doors doesn't mean you can just sunset coverage of existing contracts.  underallocate resources?  well thats a problem.  for them.  they only way you completely dodge the obligation is to scuttle all of the branding, logos, trademarks, IP, everything for no consideration - a financial suicide.  and even then, I doubt it.  there are plenty of ways to sink your teeth into individuals and companys attempting to dodge their obligations.  EVGA just dropped their company scale.  can they afford the tail coverage on their sales?  time will tell.  Here is CA's electronic lemon law:
 
Section 1793.03 of the California Lemon Law, a manufacturer of an electronic product, including a television, computer, radio or similar gadget that is worth more than $100.00 must include parts that can be repaired for at least seven years after the electronic was manufactured. In addition, the manufacturer must have spare parts available even if the seven-year period goes past the manufacturer’s warranty.

Has that law ever been enforced? Presumably it only applies within CA, so even if you and the manufacturer reside in CA, if you purchased the item online, nexus could be an issue. Regardless, if you buy a product with say a 3 year warranty, and it breaks down after 5 years, I don't see this section of CA law being worth the paper it is written on - when buying the warrantied product, it would be implied that you agreed to the 3 year warranty that came with it. Same with extended warranty. I'm not a lawyer though. My quoted post was specifically about paying out refunds on a pro-rated basis for extended warranties though, should the company wind up.
 
As mentioned, a business is a legal entity, and if the business no longer exists, then the law is moot if there is no entity to claim against. The business' owners have limited liability so you can't claim against them personally either - separate entity.

Eh. Paying a prorated refund is the minimum offer to wiggle out. Offers can be accepted or rejected.

Structure has no bearing on whether or not the corporate veil can be pierced.

Getting into detail here is not the right place or time. I hope all will be well and this is all moot. We will have to agree to disagree.

 
 

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#37
Gonzhilla
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Re: Petition for GPUs Extended Warranty Refund 2022/09/27 23:37:36 (permalink)
donta1979
charlesborner
They're going to be holding back product to cover their warranty obligations.


You may want to go check out the people with 30 series cards who had their cards break in less than 30 days and got sent a b-stock card back when it should have been new, then head over to the products page look at prices of stuff that is up, then check out b-stock they wont have the inventory. I honestly do believe Andrew Han is cashing out, if he lied about Kingpin having a plan, then took credit for what Keith Rochford built not him. His word is not worth much, then the fact they are still selling extended warranties. Then the final thing Andrew Han has not stepped forward to talk to the community he claims he built when it was his partner, he sends poor Jacob to do a post, the staff has been pretty much silent since the announcement was made, we only got one update on twitter from jacob for a beta bios for the z690 boards for a beta bios for intel's new 13th gen.

For the OP read the fine print no refunds on extended warranties. I have a feeling those of us with them will be SOL on the 5-10 years... EVGA has been keeping next to 2nd day shipping money from customers sending their order ground, no refund, no sorry, pretty much pound sand you got your product in the proper time frame even though we sent it ground yet that is not what you paid for. Too bad. Yes they have been doing that as of late too. We are never going to see that extended warranty money back. We clicked agree when we purchased it that it was nonrefundable.
"Extended Warranties are non-transferable and non-refundable. If a product with an Extended Warranty is purchased by a second-hand owner, the extended warranty becomes null and void, and the warranty reverts to the standard second-hand product warranty in accordance with the EVGA Global Warranty terms and conditions."
EVGA - Warranty - Extended Warranty


I was super loyal to EVGA, I've spent a down payment on a house with them easily because of their products yeah, but mostly their warranties and customer service. I got a 3090 ftw3 ultra at (original) MSRP when they came out @ an extremely high price, and then when the Kingpin 3090 was released I got one of those too because I KNEW from experience and from other customers that they would have my back when the card took a dump and I knew it would hold me over well into the future.

I've never touched liquid nitrogen, and the hybrid kit on my ftw3 ultra ended up with temps way cooler than the Kingpin on all sensors after playing with pads and spending 💰 (also RMA-ing the hybrid kit because even that died).

The Kingpin died and got RMA'd right away. Don't remember exactly, but it maybe lasted 2 months, probably less. All the ICX sensors except the GPU core wouldn't show and it had power balancing issues. So they sent me a used replacement with the same power issues and didn't return my box or anything, which hurts resale value. Just plain ol cardboard and a SN sticker over another one.
Now they won't honor the warranty down the road, and they won't take the card back, which I would have never bought if they didn't offer a 10 year warranty and earn my trust over the years. I just wanted the best, most reliable card.
Now I'm stuck with this second hand turd with even higher temps, power draw issues and my warranty is no good. Asked if they'd take it back and offered to pay for shipping. Of course they won't, because they are turning into just as shady of a company as any other. I have no use for this card and it's already died once.... Take it back for stock for later RMAs for the poor other guys who trusted you.

I was stoked to see them stand up to Nvidia, but it's more like an exit scam.
Products got worse and worse, EVGA bucks went away, extended warranties got shorter and exponentially more expensive etc. And they sold them til the bitter end, knowing they were gonna pull this...

Thanks for reminding me that a business is not your friend, it's for profit. I needed that reality check.
I'm sure my EVGA PSU I just got out of pure brand support will take a dump any time now.my Seasonic was doing just fine and rated the same.
After that GN video I was gonna go out of my way to buy their products more even if others were better. Now I can't wait to ask them to delete my account and my "genetic info" and other weird stuff they save.... Once my 3 year warranty is up.

If you're reading this: at least send me back my box and accessories. I know you have a cover for a 3090 Kingpin Hybrid box laying around in your dwindling warehouse. Somebody grab me one out of their dumpster at their dwindling warehouse, I'll get my 60 dollars back for the warranty and buy it from you to help me sell this card as complete.
post edited by Gonzhilla - 2022/09/27 23:41:34
#38
LFaWolf
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Re: Petition for GPUs Extended Warranty Refund 2022/10/01 09:33:54 (permalink)
Just an update for anyone interested - EVGA has come through once again and refunded my extended warranty via PayPal. The process is smooth. 


 
#39
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Re: Petition for GPUs Extended Warranty Refund 2022/10/06 10:53:17 (permalink)
LFaWolf
Just an update for anyone interested - EVGA has come through once again and refunded my extended warranty via PayPal. The process is smooth. 




How long does it take? I've also requested it on 27th September and sent all the bank transfer details on 29th.
#40
LFaWolf
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Re: Petition for GPUs Extended Warranty Refund 2022/10/06 11:00:00 (permalink)
They got back to me in 2 days, and once I gave them my PayPal it took another day.
 
Provi_G55555555
LFaWolf
Just an update for anyone interested - EVGA has come through once again and refunded my extended warranty via PayPal. The process is smooth. 




How long does it take? I've also requested it on 27th September and sent all the bank transfer details on 29th.






 
#41
CraptacularOne
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Re: Petition for GPUs Extended Warranty Refund 2022/10/06 16:24:59 (permalink)
CalebC
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I would agree that they should offer people that want a refund a refund. The situation has SUBSTANTIALLY changed from when these people bought the warranty to now. They should have stopped accepting new warranty purchases in April when they made the decision to exit the GPU market. Especially at the ridiculous asking price for their +5 and +7 year options. The highly inflated extended warranty asking prices increase was really nothing more than them trying to regain profit margin in whatever way they could is the way it seems now. People that paid that exorbitant asking price for the extended warranty did so with the expectation that EVGA (a GPU vendor) would keep selling GPUs and remain in the market. They probably justified the high asking price by EVGA's enormous market share in the GPU arena and their very good customer support. Well guess what? EVGA is a GPU vendor that doesn't sell GPUs anymore. That rightfully so gives a lot of people pause and raises some very legitimate concerns about them actually being in business in the future to honor these warranties. 
 
I hope they do offer some kind of refund. It's the right thing to do for a company that claims to care so much about their customers. In fact Andrew Han even cited not wanting to sell the company for the fear that whatever new owner would ruin their name by lowing their standards. 
 
For those of you arguing otherwise ask yourselves, would you really purchase for example a extended warranty for your car if that same car brand announced they would be exiting the market? I would wager most of you would not. That's why EVGA needs to do the right thing and offer an option for a refund. The situation has changed dramatically and what was true just last week is no longer valid. 


Lmao. You were one of the guys defending EVGA for cancelling step up on cards already purchased. Not so fun when it’s you in the crosshairs instead of others?

This is amazing.

For clarity and for the uninformed, I have never purchased an extended warranty. I was voicing my opinion on what the right thing to do would be. I remain unaffected by this in its entirety. But thanks for ignorantly assuming something you know nothing of. 

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#42
EVGATech_DanielM
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Re: Petition for GPUs Extended Warranty Refund 2022/10/07 10:45:06 (permalink)
Provi_G55555555
LFaWolf
Just an update for anyone interested - EVGA has come through once again and refunded my extended warranty via PayPal. The process is smooth. 




How long does it take? I've also requested it on 27th September and sent all the bank transfer details on 29th.


EU/UK are a bit different than how we are processing in the US. However, after reviewing your last email I do not see you providing the details to our EU team. I suggest to reply to the latest email that was sent with that information. 

 
 
-Daniel_EVGA
#43
TommyLai
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Re: Petition for GPUs Extended Warranty Refund 2022/10/08 10:34:06 (permalink)
I sent an email to eVGA regarding my refund 3 weeks ago but I never heard back from them. Looks like they are taking care European customers better than US customers....
#44
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Re: Petition for GPUs Extended Warranty Refund 2022/10/10 09:53:22 (permalink)
Dear Tommy, we have taken care of this over the phone for you. Let us know if you have any other questions or concerns. 
#45
donta1979
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Re: Petition for GPUs Extended Warranty Refund 2022/10/10 18:47:22 (permalink)
EVGATech_GabrielT
Dear Tommy, we have taken care of this over the phone for you. Let us know if you have any other questions or concerns. 


It's been over three weeks and still have not received my check on two cards. Have emails about it and everything last email is on the 22nd of last month. Am in the USA and contacted EVGA before Tommy did.

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#46
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Re: Petition for GPUs Extended Warranty Refund 2022/10/12 09:34:25 (permalink)
Dear Donta1979, I can confirm this was processed. I have sent you a follow up email with details, please let us know if you have any other concerns. 
#47
donta1979
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Re: Petition for GPUs Extended Warranty Refund 2022/10/12 14:04:32 (permalink)
EVGATech_GabrielT
Dear Donta1979, I can confirm this was processed. I have sent you a follow up email with details, please let us know if you have any other concerns. 


Awesome thank you much.

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#48
MartinUK
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Re: Petition for GPUs Extended Warranty Refund 2022/10/12 15:12:40 (permalink)
EDIT: Nevermind, I got a reply today and this time my refund request was accepted.
 
EVGATech_DanielM
Provi_G55555555
LFaWolf
Just an update for anyone interested - EVGA has come through once again and refunded my extended warranty via PayPal. The process is smooth. 




How long does it take? I've also requested it on 27th September and sent all the bank transfer details on 29th.


EU/UK are a bit different than how we are processing in the US. However, after reviewing your last email I do not see you providing the details to our EU team. I suggest to reply to the latest email that was sent with that information. 


EVGATech_GabrielT
Dear Tommy, we have taken care of this over the phone for you. Let us know if you have any other questions or concerns. 



Perhaps one of you could be so kind as to look into my request for a refund? I requested a refund on the 23rd Sep, and got a reply on the 26th which served as a refusal of my request...I replied again tonight asking for one again, and it would be nice if this time EVGA did the correct thing and issued it.
 
Thanks.
 
EDIT: Nevermind, I got a reply today and this time my refund request was accepted.
post edited by MartinUK - 2022/10/13 10:11:24
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Provi_G55555555
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Re: Petition for GPUs Extended Warranty Refund 2022/10/17 10:44:52 (permalink)
EVGATech_DanielM
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LFaWolf
Just an update for anyone interested - EVGA has come through once again and refunded my extended warranty via PayPal. The process is smooth. 




How long does it take? I've also requested it on 27th September and sent all the bank transfer details on 29th.


EU/UK are a bit different than how we are processing in the US. However, after reviewing your last email I do not see you providing the details to our EU team. I suggest to reply to the latest email that was sent with that information. 




Hello Daniel,
 
Thanks for your response.
That's a bit strange, because I sent it on 29th September, then I asked for some update on 10th October and still nothing happend. I've just sent a new mail, I would really appreciate it if you can double check it.
 
Thanks,
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austin86
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Re: Petition for GPUs Extended Warranty Refund 2022/10/17 11:00:45 (permalink)
charlesborner
If they're out of business at that point, you're screwed regardless.

Charge back
 
charlesborner
Never mind that IN TEN YEARS you'll have upgraded whatever the hell you have anyhow.

I used my 790i gtx 285 system for over 10 years and my 980ti is nearing 10 years and still in use. Some folks do use parts for a long time.

Asus CSM b660, 16gb 3200mhz ddr4, 12100f, 980ti
EVGA 790i, 4gb 2000mhz cl8 ddr3, e8400, 7900GTX sli
Abit BX133 raid, 256mb PC133, 1ghz Piii, voodoo1+MX440
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