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    Remember Hybridgear.net? It appears that they've been reincarnated as PCMW - UPDATED

    Discussion in 'Sager and Clevo' started by Shyster1, Jul 8, 2008.

  1. flipfire

    flipfire Moderately Boss

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    Company and (domain) is registered under Mr Matthew O'Brien

    http://kepler.sos.ca.gov/corpdata/ShowAllList?QueryCorpNumber=C2929913
     
  2. jonhapimp

    jonhapimp Notebook Virtuoso

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    that seems convincing to me. but maybe he learned from his past mistakes.lol
     
  3. Garandhero

    Garandhero Notebook Deity

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    Even so he may just be a domain owner... There are so many unknowns I dont think we should point fingers and hurt a buisnesses rep without a little more tbh.

    I am going to call them tommorow and ask some questions. I'll see what they say.
     
  4. jonhapimp

    jonhapimp Notebook Virtuoso

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    i say the past is the past.
     
  5. flipfire

    flipfire Moderately Boss

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    Business (PCMW) is registered under his name and this is solid information because its registered by law. He is also the domain owner of PCMW which surfaced not long after Hybrid gear closed bearing the same details.

    Theres a difference between bad customer service and him closing up shop and running away with your money, like hes done before.

    Heres a new one. A staff of 2 does not make a big stable company like it depicts on the website. 2 floors also doesnt account for the 20,000+sq/ft PCMW Silicon Valley headquarters

    The facts have been already put upon you. Its more than enough to doubt the credibility of this seller.

    Go ahead and call, i would like this to get cleared up as much as you do.
     
  6. greyreap

    greyreap Notebook Consultant

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    So the eight chairs (very expensive chairs at that) are supplied for their two employees, or do you suppose the likely $250+ a piece chairs were purchased so that they could take a picture of them and put it on their website for nitpickers like the ones represented in this thread can discuss whether or not they are going to run off with their customers money, but because of the chairs now they have some evidence that they actually employ a few poeple as the claim, and perhaps don't make up unimportant details all the time.

    Which of course would mean that they are going to run off with their customers money.
     
  7. flipfire

    flipfire Moderately Boss

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    It had nothing to do with the chairs. See now your taking it out of context.

    I see youve ordered from PCMW. Do the facts not bother you at all? So far you have disproved nothing.

    So your actually fine to invest $2000+ on a company run by 2 people? (which have closed up shop before and can possibly do it again as an easy escape plan)

    Not that im saying they are gonna do it again, but history tends to repeat itself ;)
     
  8. sujinge9

    sujinge9 Notebook Evangelist

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    I think the pics are some stock pictures with some modifications because the people seriously look asian too me... and thats coming from an asian. Either way, the pics don't prove anything as any internet savy person knows the deceptiveness of photoshop and stock pictures.
     
  9. flipfire

    flipfire Moderately Boss

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    You actually thought the photos were real?

    lol.
     
  10. pukemon

    pukemon are you unplugged?

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    don't forget, they're corporate too. what does that mean? no liability.
     
  11. Nirvana

    Nirvana Notebook Prophet

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    what pictures are you guys talking about?
     
  12. Shyster1

    Shyster1 Notebook Nobel Laureate

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    Not to toot my own horn, but I'd like to let those who manage to make it to the end of this thread know that I've just updated the original post back on page 1 - the updated material appears at the end of the original material.
     
  13. lemur

    lemur Emperor of Lemurs

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    Ok before anybody start analyzing all the pictures on PCMW's site, let me point out that it is very common to have web sites being put together with stock photos.

    I actually worked at a company who had some web designers put together the web site. The site had very nice pictures of people at work. Quite nice, except that few of those people were actual employees. And very few of the scenes on the site were pictures of our offices. If I recall correctly, the only part of the site which had real pictures of people actually working there was the page about the executives and maybe a few group photos but that's it.

    In general stock pictures are not problematic. It is problematic when pictures are accompanied with labels which misrepresent what they are. If Widgets Inc. has only a handful of employees and a small office and they put a stock photo of a large manufacturing plant and label it "Widgets Inc.'s Production Facility", then there is a problem because that's misrepresentation pure and simple.
     
  14. ghostbear

    ghostbear Notebook Guru

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    The first page now shows horizontal scroll bar. I guess it's due to the long horizontal line following "Update:." Could you fix this please? People who are not using WUXGA might find it hard to read.
     
  15. sujinge9

    sujinge9 Notebook Evangelist

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    Dude, if I was able to sit down and write an essay that long and that detailed for none work/school related uses, I would definitely toot my own horn. lol.
    And I didn't know lawyers HAD a code of ethnics. jk lol.
    But in all seriousness, this is a pretty major piece of info you dug up there. This pretty much puts all the "could suddenly go bye bye" warnings so much closer to reality since there is an actual imminent catalyst for it. Based on the info from the sager resellers profit thread, they don't make too much per laptop and the way PCMC is aggressively cutting prices, it doesn't look too good for him. Considering 8 days ago was before fourth of july sale where the prices were cut below the competition, either this guy wasn't aware of the cloud of doom hanging over his head, or its his sick master mind plan to get as many customers as he can through this "deal" then run off to pay his debts.

    @lemur,
    I would think the PCMW site is kind of misleading its viewers as the people looking at it sees a nice solid company with their own R&D labs and huge conference rooms when it is in fact a basement like operation taking place in a small executive park room.
     
  16. flipfire

    flipfire Moderately Boss

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    Wow. That new information says it all. Its as solid as its gonna get. Again, it is only slander if its not true. We have more than circumstancial evidence.

    Please read the new updated information before further commenting.
     
  17. Shyster1

    Shyster1 Notebook Nobel Laureate

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    Will do...

    EDIT: Done :D
     
  18. Shyster1

    Shyster1 Notebook Nobel Laureate

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    Actually, I think the glass-walled conference room actually exists - there was a poster a few pages back who said that he'd gone in person to visit one time to swap a part, saw two people in the offices, and saw the conference room. I'll add a link to the post when I find it.

    EDIT: Here's the post by the poster who says he saw the conference room. He went there to get a second card added - my bad. :eek:
     
  19. Shyster1

    Shyster1 Notebook Nobel Laureate

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    No bankruptcy discharge, by the by; unless you're privileged to information not reflected in PACER.
     
  20. Nirvana

    Nirvana Notebook Prophet

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    I think Shyster1 could be a Harvard law school student who's currently taking the summer break like most of us.
    edit: graduated?
     
  21. jonhapimp

    jonhapimp Notebook Virtuoso

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    wow the new information clears up some stuff and gives more stuff. well done for looking deep into this
     
  22. Tenchi

    Tenchi Notebook Geek

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    i do have to question, does the conference room belong to PCMW. or does everyone in the building share it? or maybe it could very well belong to the rental office?
     
  23. greyreap

    greyreap Notebook Consultant

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    WOW. Scary update.

    Thanks for the extensilvely detailed report Shyster.

    As long as I get it, I'm fine. But I certainly don't feel good knowing that a $73,000 debt came up just over a week ago for the likely primary shareholder.

    Lets just hope I get it.
     
  24. Doodles

    Doodles Starving Student

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    just read the update.. hooolllyyy SHY.....
    ...STER!

    ah.. u thought i was gonna curse didnt ya!

    damn... i was rele gonna actually send my PC to them to upgrade the motherboard and parts. But wat if i send it to them and dont get it back now lol... Plus, i did sort of have the upgrade plan... but, i didn't rele pay for it... long story... so it won't effect me, other than i wont get trade-in credit for my parts...

    Now i'm rele interested... A company that actually seemed it was on the right track may just disappear as it is liquidated for funds...

    are you sure accessing all that information is even legal? We would all be able to find this lawsuit on our own? Cuz if your finding out this information from your "sources" that may be confidential stuff.. no?
     
  25. flipfire

    flipfire Moderately Boss

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    Its all public record or else i would have edited it out for confidentiality reasons.

    Things might shake up soon for PCMW so be cautious. If he is the founder of PCMW, which alot of evidence points too.
     
  26. Petrov

    Petrov Notebook Deity

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    Where have all the apologists gone?

    Petrov.
     
  27. Wu Jen

    Wu Jen Some old nobody

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    And you didnt answer my question.
     
  28. lemur

    lemur Emperor of Lemurs

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    I was going to point out that possibility.

    Again, been there done that... At one of my jobs, when our company was still small, we had our own bland conference room but sometimes and especially when clients came to visit us, we would book a conference room which was shared with other companies in our building. It was much nicer than our own and bigger but it was not ours. We just had the right, as tenants, to use it.
     
  29. Shyster1

    Shyster1 Notebook Nobel Laureate

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    Every document I've linked to or attached is public - the court documents are a matter of public record and yes, anyone who wanted to could find these documents on their own; in fact, the Texas District Court system doesn't even charge an access or user fee to do searches on their system or to obtain electronic copies of documents.

    Now, clearly, this is a cause for concern for folks like yourselves; however, I want to reiterate that the debt reflected in those papers is the debt of Mr. O'Byrne, not the debt of PCMW. That being the case, that debt is not of necessity superior to your claims against the corporation under, for example, your upgrade rights or your extended warranty. Thus, people who've already bought from the corporation do have a protectible interest in the affairs of the corporation and the manner in which it is treated should it ever get to the point that the shares of stock in the corporation are seized to satisfy Mr. O'Byrne's debt.

    One thought that occurs to me is that now may be an opportune point in time for people such as yourself to get in touch with the attorney for the landlord, in a non-antagonistic manner (i.e., no shouting, accusations of theft, or the like - you catch waaaay more flies with honey than with vinegar), to introduce yourselves to him so that he's aware of the fact that there are other innocent interests involved with the matter besides that of his client, and to find out how they intend to proceed against O'Bryne and PCMW, and in particular what their plans/intentions/thoughts are with respect to the continuing operation of PCMW's business.

    After all, as the old saying goes, there is more than one way to skin a cat; specifically, if we assume, for the sake of argument, that the landlord intends to realize on the value inherent in the shares of PCMW held by Mr. O'Byrne (keeping in mind that we don't actually know 100% that he's the sole shareholder, but we do have strong circumstantial evidence that he is), if enough past and current customers, along with enough believable potential customers, can convince the landlord that there's more value to PCMW as a going business that could be sold to an unrelated third party who wanted to get into the business of reselling computers than there is in the aggregate price the assets of the company would bring if sold in liquidation, then the landlord is more likely to try and have the company sold as a going concern to someone who will continue to operate it, and less likely to try and break it up and scavenge off the carcass. Clearly, having the company be sold as a going concern rather than being liquidated would be in the interest of those of you who've already purchased systems and have claims for upgrade rights and extended warranties.

    So, I would suggest that it might be fruitful for someone who's got a stake at risk here to open a line of communication with the landlord's attorney.
     
  30. Sp3ctrum

    Sp3ctrum Notebook Consultant

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    So you are saying it is possible for a company to run off with my 2k$ and there would be no legal issue. (simply a question, not an accusation or something like that)

    PS : I paid through wire transfer
     
  31. The_Observer

    The_Observer 9262 is the best:)

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    Good job Shyster.

    @Everyone:It's your money use it as u want to.He did his job of warning.
     
  32. Shyster1

    Shyster1 Notebook Nobel Laureate

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    Sorry to disappoint; however, perhaps the updated materials might answer some of your questions. On the matter of ownership, since technical legal ownership of a corporation is determined by who owns the shares of the corporation, and that, in turn, can only be conclusively determined by examining the share register of the corporation - stock ownership is not required to be made public under California law - and since it is unlikely that any of us is going to be privy to the share register anytime soon, no direct evidence of ownership is to be had.

    Instead, what we do have is very strong circumstantial evidence, including the fact that Mr. O'Byrne is listed in the California public records as being the agent for service of process for PCMW, the fact that the landlord for the building in Texas in which Hybridgear operated has identified the address listed as PCMW's corporate headquarters as the address at which Matt O'Byrne, d/b/a Hybridgear is now operating from, and the fact that there are similarities in underlying business policies.

    Now, it can take a week or more to get copies of more detailed public record documents for a corporation from the California Secretary of State's office; however, it is possible to get from the CA SOS a list of the directors and chief officers of a corporation registered in California - clearly, if we had such documents available right now, it would go a long way toward supporting the inference of ownership if Mr. O'Byrne were also listed as the sole director and as the only officer of the corporation, do you not agree? If it would make anyone more comfortable with the arguments presented here, I will go ahead and order a copy-set of all the public record documents California has regarding PCMW.
     
  33. lemur

    lemur Emperor of Lemurs

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    At the risk of stepping on Shyster's toes... (and in language that lawyers might scoff at...)

    If you sent a company money for goods or services and those goods and services are not delivered to you, then yes, there is a legal issue. The problem however is that even if you have a legal claim:

    1. You have demonstrate to the legal system that you do have a legitimate claim. (I don't know how hard this is.) What I mean here is that if you do nothing, you'll get nothing.

    2. Even if you can demonstrate that you do have legitimate claim, it may be the case that by the time your claim is found to be legitimate (and even if it is found to be legitimate early on), you cannot get your money back. If a company goes bankrupt with more liabilities than assets, then creditors are going to lose money. There are legal rules about which creditor gets what. (I think Shyster talked a bit about that already.) AFAIK, customers are not the first priority.
     
  34. Shyster1

    Shyster1 Notebook Nobel Laureate

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    It's a very good question. There would certainly be a big legal issue - it's your money - the question that might, and I stress might as in significantly less than 100%, come up is whether or not you have any adequate remedies available to recover all of your money. Basically, once you've conveyed funds to a third party such as PCMW as performance of your end of a purchase agreement, your basic rights are to get performance on the part of PCMW back - by receiving the goods you purchased - or to recover damages for a breach of that contract in the event that PCMW does not perform. As such, PCMW does not hold your money in trust for your benefit, and you do not have a secured claim to those funds; under general commercial law, your status is that of a general unsecured creditor who is owed performance on a purchase contract.

    The sh**ty part comes in if PCMW does not perform, and there is not enough cash left available to give you back all of your funds. In that case, you may get 90%, you may get 50%, or, in the worst case, you may get 0%. Unfortunately, that is why in some cases it may be better to make a purchase with a credit card if that credit card provides consumer protection benefits of some sort.

    If you've already wired $2,000 and the wire transfer has been cleared through your bank, I would strongly, strongly urge you to contact your attorney or other legal advisor to see what steps you can take to protect yourself. I would also urge you to contact the bank through which you made the wire transfer to see if there is any sort of assistance they can provide you with.
     
  35. Shyster1

    Shyster1 Notebook Nobel Laureate

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    :notworthy: Well-put, and in shorter, plainer language than I managed. No toes were stepped on! :D
     
  36. Deathwinger

    Deathwinger Notebook Virtuoso

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    Jeeez Shyster, this company sounds like the devil now, I wonder how much worse it can get. All I gotta hear now is that they fund terrorism and satanism after doing some more digging and I'm just gonna realize that my luck is not the best.

    Sigh, now I'll just have to take out an insurance policy with that company Donald recommended.

    I just hope to god the laptop leaves their headquarters before the sh*t hits the fan. I too, paid by wire transfer and had no other option.

    Trust me on this, I hope the company does survive this incident, it will put my mind at rest as right now it is not.
     
  37. The_Shirt

    The_Shirt Notebook Evangelist

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    Thought it was clearly implied as in "no, I didn't call them and tell them how broken their business is" and "no, I didn't send the system back, I loaded the OS myself". Sorry, I'll try to be more clear in the future. However, I still maintain it is not my job to notify anyone their company didn't provide what I paid for (unless I want to). In this case, I was able to correct the OS problem myself and, as I have clearly stated, the laptop has been working fine, so there is no need to deal with them at all in reference to their failure to provide a "receipt" of purchase...and from all accounts here, it looks like I probably won't be able to in the future either...they have my order information and I'm sure they are following this thread...if they want me to have a proper receipt, they can easily mail it to me...
     
  38. Sp3ctrum

    Sp3ctrum Notebook Consultant

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    Thanks for the information Shyster and lemur, I think I'm gonna cancel my order, I did not care about false shipping date and misinformation but I won't risk my money even if it's only a 10% chance
    plus i've always been told that when it is too nice to be true it probably is
     
  39. Deathwinger

    Deathwinger Notebook Virtuoso

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    Has anyone been able to get through to them?
     
  40. Shyster1

    Shyster1 Notebook Nobel Laureate

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    @Deathwinger:

    The materials posted are not intended to demonize PCMW, but to demonstrate that there are current, non-negligible risks related to PCMW that do not ordinarily relate to a computer reseller in the ordinary course of business, that customers and potential customers should know about in order to make the decision that is in their own best interests, or to take any additional steps that they feel are necessary in order to .protect those interests.

    For example, under section 2-609 of the UCC, a party to a contract for the sale of goods who has a reasonable grounds for insecurity that the due performance by the other party may be impaired is entitled to demand in writing that the other party provide "adequate assurance" of due performance and, if such adequate assurance as is reasonable under the circumstances is not received in a reasonable time, but in any event no later than 30 days after receipt of the demand by the other party, then that other party is treated as having repudiated the contract, and the first party - the one who demanded adequate assurance - may proceed against the other party for breach of the contract.

    To make that mumbo-jumbo relevant here, as a buyer of goods who has performed under the contract, the facts that these documents evidence may be enough to constitute "reasonable grounds for insecurity" on your part that PCMW may not be able to perform by delivering the agreed-upon computer to you. If that is the case (and the point is not entirely clear, because it has been held that a party's bankruptcy filing was not, in and of itself, "reasonable grounds" - if you want to pursue this, best to talk to an attorney in your area), then you are entitled to demand in writing that PCMW provide you with assurances that are adequate under the particular facts and circumstances of this matter, that PCMW will in fact be able to perform as promised by delivering the agreed-upon computer to you. What would constitute "adequate assurance" I do not know at this point.

    Finally, I want to stress again that, while everything that's been posted does not put PCMW in the best of lights, it certainly does not turn the lights out either - for example, enforcing a judgment obtained in Texas against the judgment debtor who is located in California can take quite a long time, months is not an uncommon time-frame. Thus, if the immediate concern whether or not you will get the computer that you were promised would be shipped next week, the risk of that Texas judgment being enforced against Mr. O'Bryne to the extent that PCMW is stripped of its assets and liquidated is not a substantially big risk - provided that Mr. O'Bryne does not try to conceal assets from the judgment creditor (i.e., the landlord) by pulling them out of PCMW and placing them in, for example, secret offshore bank accounts; nontheless, it is not the sort of risk that can simply be ignored - that is, it is not the sort of risk that customers ordinarily undertake in the ordinary course of doing business with a computer reseller. The biggest risk at this point is with regard to upgrade rights and extended warranties.
     
    Last edited by a moderator: May 8, 2015
  41. Deathwinger

    Deathwinger Notebook Virtuoso

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    Alright, I got through to them. Got a name of a worker there earlier this week, asked to speak to him and they put him on. Had they told me noone with that named worked there I'd cancel my order lol.

    He passed the information on this thread and the allegations along to management and they will answer to them hopefully soon. My laptop, I should be getting pictures of it soon.

    Thank god for the tidbits of the extended warranty, I only paid like $85 for the actual warranty if anything.
     
  42. eleron911

    eleron911 HighSpeedFreak

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    I am awaiting their answer. I would like to give them the benefit of the doubt, since there are a lot of customers of PCMW right here on the forum, and they`re happy.
     
  43. Slaughterhouse

    Slaughterhouse Knock 'em out!

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    Good job, keep us posted. I really don't see what they can say to save themselves at this point though. I feel like now the best way to protect myself is to just cancel my order.
     
  44. Deathwinger

    Deathwinger Notebook Virtuoso

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    New image of the EDGE is up on the site, the front audio plugs are no longer coloured as reflected in the latest images of the m860tu.

    Can someone check to see the information on this image? However, it will be modified due to the potential photoshopping of a car on the screen.
     
  45. Nirvana

    Nirvana Notebook Prophet

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    ^^I've made a post regarding that long time ago.
     
  46. MKang25

    MKang25 NBR Prisoner

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    The color and design looks better and better every time i see it.

    They are still advertising the quad cores, and on the description page Introducing the brand new and improved 802.11n wireless standard. Now shipping with the Edge laptop They must have a time machine!
     
  47. Donald@Paladin44

    Donald@Paladin44 Retired

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    Sager has now authorized us to release the NP8660 pictures for public viewing :)

    Sager NP8660 Picture Gallery

    ENJOY :D

    Oh, and these pictures are copyrighted by Sager, so anyone other than Sager or an authorized Sager reseller that wants to use them will have to get authorization from Sager in writing. To identify them you will notice the black audio jacks, and the green tint in the upper right hand corner of the keyboard.
     
  48. Vedya

    Vedya There Is No Substitute...

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    holy crap, my dads gonna be pissed if he sees this.

    Oh why didnt i order from xotic or pnb........
     
  49. eleron911

    eleron911 HighSpeedFreak

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    Lol Vedya.
    There is always a second chance,you know :)

    I smell a fingerprint magnet.
     
  50. jonhapimp

    jonhapimp Notebook Virtuoso

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    it looks better and better every time i see new photos of it
     
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