ubuysa
The BSOD Doctor
It's very clear that the promotion for Xmas delivery is a guarantee. There's not a shred of ambiguity in it.
PCS would have to be stupid as a stick to plaster the "guaranteed Xmas delivery" all over their site's front page and then not deliver PCs to people in time for Christmas saying "well, if you read our Ts&Cs, guarantee doesn't mean guarantee". Goodness.
As I'm not an expert in contract law I've no idea whether someone could sue PCS over it successfully or not. But even if they can't, the guarantee is far from worthless - it's PCS's word.
It's also putting their reputation on the line, and risking negative reviews should they fail to deliver on their promise.
A while ago there was a thread from someone complaining that the graphics card they wanted was out of stock until February. How would PCS guarantee delivery of a build containing that same card?
It really doesn't matter one scrap how you or I or anyone else interprets the use of the word guarantee on that banner because the Terms and Conditions are paramount. They clearly state that This Agreement constitutes the entire agreement between you and us, they also say that No other terms whether expressed or implied shall form part of this Agreement and that In the event of any conflict between these Terms and Conditions and any other term or provision, these Terms and Conditions shall prevail.
I agree that it was perhaps unwise for PCS to use the word guarantee on there, especially since PCS don't guarantee even Fast Track deliveries.