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Old 04-10-08, 02:24 PM   #14 (permalink)
FrinkTL
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Join Date: Dec 2006
Location: Nassau, NY
Posts: 200
Device: Motorola i560
Carrier: Sprint Nextel
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Just in case anyone is curious, I just spent about 1 1/2 hours on the phone with HP, trying to obtain a copy of the terms of my specific contract. I spoke with Paula in their Consumer Relations team who in turn spoke with the following departments, NONE of whom could furnish her with the written terms of my specific contract:
  • Care Pack Registration Team
  • Service Agreement Team
  • Technical Support
  • Other team members in Customer Relations Team
She is not allowed to speak with the legal department, but advised me that if my attorney would be able to speak with them. Of course, I immediately replied that I shouldn't have to retain a lawyer just to get a copy of the terms and conditions of my contract!!

The only thing they could produce was the generic terms and conditions, which, as I indicate above, don't detail anything useful, and say NOTHING about what HP commits to do in exchange for the contract purchase price.

I then advised her that, based upon HP's inability to produce documentation to the contrary, what is on the website (Accidental Damage Protection) becomes the LEGAL TERMS of the contract. Therefore, JakeRich, it's my opinion (though I'm no lawyer) that HP is in a material breach of contract for failing to ship a device to you on the next business day. According to the website, if you initially contacted them before 2 PM their time, you should have RECEIVED at your location your replacement device by 10:30 AM the following business day:
"Next-day delivery of replacement products is available for calls received before 2:00 pm local time. Your permanent replacement unit will be delivered by 10:30 am the following business day in most areas within the continental US. Service within 1 to 2 days is available in selected areas of Alaska and Hawaii."
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Tim:)
HP iPAQ 211
2GB SanDisk SD
ThinkOutside Sierra Bluetooth Keyboard
Pharos GPS w/ Bluetooth Dock

HP 2133 Mini-Note
1.6GHz VIA, 2GB DDR2 RAM
120GB 7200RPM HDD with Drive Guard
10/100/1000 Ethernet with Bluetooth 2.0
running Windows XP Pro

Kid's Pocket PC (to make homework fun):
Axim X30 (High)
ThinkOutside IR Keyboard

PLUS the following RETIRED (but still functional) devices:
1. Sharp Mobilon 4100
2. iPAQ 3150
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