I had recently purchased a ML110 g7 server from MegaBuy.
I've installed it in a remote office and it seemed to work okay. About three weeks later, it developed a fault and we've called HP for a warranty repair.
They've said that the server is out of warranty and expired in July 2013 (I purchased it it in the End of September 2013).
The invoice and description online did not indicate anything was second hand.
Ideally, I'd like the server to be repaired and the warranty extended. Apart from getting a charge-back from the credit card, is there something else that can be done?
Thanks
If there was nothing to indicate that it was second-hand, you would appear to have a good case to show misleading and deceptive conduct on the part of Megabuy.
Secondly, Megabuy AND HP may have an obligation to repair or replace (and in MB's case, refund) as they may be in breach of the consumer guarantee that goods be of an acceptable quality. Acceptable quality takes into account what would normally be expected for the type of product and cost. If the server was such that a reasonable person would expect such a device to last without a fault event for, say, two years, then both retailer and manufacturer would have obligations under Consumer Law for 2 years from the date of purchase.
There are other consumer guarantees as well. If the box or any advertising stated that the product had a warranty of 12 months, then to deny warranty would be to breach the consumer guarantee that the product match its description.