On 2/29/04, I called HP support, to get assistance on my HP Pavilion 7920. I downloaded a BIOS update from the HP website (BIOS update for MEW-AM motherboard), but the update did not work properly. My computer would not restart as the instructions said it would, so after 30 minutes of attempts, I called support.
I was told that my computer was out of warrantee, so I would need one of various support options. This in itself is asinine that I should be forced to purchase support for a program update, which I had followed instructions to and which is recommended by the company on their website. If I had loaded software from a 3rd party on my computer, then called, I could see such a request, but for me to download your patch and it not work properly is something you should supply support for; for free!
After being routed to 3 people, the out of warrantee representative told me I had two options: You can purchase the 7 day repair service, for $40. Or, we can extend your warrantee, which will only cost you $35 and will allow you to get service. I chose to extend my warrantee, since $35 was clearly a better option than the $40, especially considering this is a technical support call I should not be forced to pay for (I found out later that this was not $35, rather it was $75; an error I ended up paying for).
I was given my agreement number and transferred to technical support. The technician walked me through 2 steps and advised me to disconnect my power wires and hold down the power button for 20 seconds. She advised me that when doing such a BIOS update, there is power on the motherboard that sometimes needs to be drained. Once I did this and started the machine back up, all was well and the computer has worked ever since.
I received an email from HP Customer care, which gave me all the support agreement information for my purchase, but to my surprise, the total was $81.31! This included $6.31 in "tax", which I was not told about when I made the purchase (also n explanation as to what kind of tax).
So to recap, I was forced to call HP Support for a help option that should have been noted on the website (the power bleed is not something that technical support should be contacted for), I was charged for support that should have been given for free (since it was an HP upgrade install), the price quoted to me was not the price my credit card was charged AND I was not told that there was any sales tax on this purchase. I would like to add that there is no breakdown of the percentage of sales tax, which is also a requirement by state law.
I had decided the middle of the following week (about 3/3/04) that I would write the company and terminate the agreement, as it states I can in paragraph 10 on the enclosed copy of the email I received. According to this paragraph, I can cancel the agreement in writing, but neither this email nor any location on their website states what location to mail this statement to!
With no alternative, I attempted to contact the HP support that same night, by calling 1-800-474-6836. Upon doing so, I was routed to various routers who all wanted to send me to the Out of Warrantee sales department, because the computer I have is older. I had to practically interrupt to explain in that I had purchased the extended warrantee, and which point they transferred me to another person, who was the same router position. I attempted to explain to one person that I only wanted the address to mail my termination statement to; I was told I needed to be transferred to technical support and was disconnected.
On another, the call wait time was stated to be 10 minutes.
On 3/8/04, the wait time was stated to be 30 minutes.
Obviously, there is no way that I can speak to a human being to get this error fixed, so I can get on with my life.
They have shown me horrendous customer service and I am inclined to think that your methods of operation are a violation of my consumer rights. The company does not provide the information required to customers upgrading older products, thus forcing them to purchase a warrantee or service plan that, in the end, would not have been needed if this information were provided.
They then send information, which is half complete at best, giving the consumer no guidance or details on how to complete the tasks as so laid out in Confirmation of Service Agreement
Copy of email sent to me by HP Sales:
Original Message
From: "HP Customer Care"
To:
Sent: Sunday, February 29 10:33 PM
Subject: HP Extended Service Plan Registration Confirmation
* confirmation of service agreement payment *
* this is not a bill *
Dear Hewlett-Packard Customer,
Hewlett-Packard is pleased to provide you with an HP Service Agreement for the product indicated below.
Should you experience a problem with your product, call the
Hewlett-Packard Customer Care Center at 800-474-6836. A technician will help you determine if a hardware repair is required.
If it is determined that your product requires service, inform the technician of your HP Service Agreement number when placing your service order.
If you have any questions or concerns regarding your HP Service Agreement, please call 800-474-6836.
Service Agreement#: *
Serial Number: *
Model / Description: / 1 YR. Tech supt. HW AND INBOX SOFTWARE
Agreement Type: 005 technical support only.includes out of box software
Agreement Start Date: 02/29
Agreement End Date: 03/01
Purchase Price: $75.00
Tax: $6.31
Total: $81.31
Payment Received: $81.31 Payment Date: 02/29
Customer Address:
*
Sincerely,
Hewlett-Packard Contracts Administration
* Please Retain a Copy of This Email For Your Records
* Terms and Conditions *
1. Support Services: HP will provide the support services
described in this agreement.
2. Charges: Customer will prepay for the agreed upon service
period prior to the start date of this Agreement unless otherwise
agreed to by HP. Customer will pay all applicable
taxes. If prepaid services are canceled, Customer will receive
a pro-rated refund only for the unused prepaid services beyond
the first three (3) months. Any changes in charges will take
effect on the anniversary date of the Agreement.
3. Eligible Products: To be eligible for support, products must be in good operating condition and at current revision levels. To bring ineligible products up to these requirements, HP will charge HP standard rates in effect on the date of the support order. Relocation of products is Customer's responsibility and may result in additional support charges and modified service response times. Products moved to another country may continue to be serviced subject to availability of a HP authorized support provider.
4. Support Warranty: HP warrants the replacement parts provided to maintain hardware products serviced hereunder against defects in materials and workmanship. If HP receives notice of such defects during the term of this Agreement, HP will, at its option, repair or replace the replacement parts that prove to be defective.
The above service agreement is exclusive and no other warranty whether written or oral, is expressed or implied. Hp specifically disclaims the implied service agreement of merchantability and fitness for a particular purpose.
5. Remedies and Liability: For any material breach of this Agreement by HP, Customer's remedy and HP's liability will be limited to a refund of the related support charges paid during the period of breach, up to a maximum of twelve (12) months. HP will not be liable for performance delays or for nonperformance due to causes beyond its reasonable control. HP will be liable for damage to tangible property per incident up to the greater of $300,000 or the actual charges paid to HP for the product that is the subject of the claim, and for damages for bodily injury or death, to the extent that all such damages are determined by a court of competent jurisdiction to have been directly caused by a defective HP service sold under this Agreement.
The remedies provided in this agreement are customer's sole and exclusive remedies. Except as indicated above, in no event will hp, its suppliers, or subcontractors, be liable for loss of data, or for direct special incidental consequential (including lost profit), or other damage whether based in contract tort or otherwise.
6. Uniform Coverage: All products that constitute the minimum system configuration must be covered under the same level of service.
7. Limitations of Service: HP does not provide support for 'Nonqualified Products'. Nonqualified Products are hardware and software not supplied or approved by HP and products for which Customer does not allow HP to incorporate modifications. Customer is responsible for removing Nonqualified Products to allow HP to perform support services. If support services are made more difficult because of a Nonqualified Product, HP will charge Customer for the extra work at HP's standard rates. Services do not cover any damage or failure caused by:
a. Use of non-HP media and supplies or use of items not
designated for use with products being serviced; or
b. Site conditions that do not conform to HP's site specifications; or
c. Fire or water damage, neglect, improper use, electrical disturbances, transportation by Customer, work or modification by people other than HP employees or subcontractors, or other causes beyond HP's control.
8. Customer Responsibilities: If Express Exchange service is purchased and service is requested, Customer will provide collateral in the form of a credit card number or purchase order number to HP in order to initiate the exchange. Customer is responsible for returning the defective unit within three days of receipt of replacement unit. If the defective unit is not returned to HP at the end of 30 days, Customer will be billed the replacement cost of the defective unit against the collateral provided. Customer is responsible for the security of its proprietary and confidential information and for maintaining a procedure external to the products to reconstruct lost or altered files, data, or programs. Customers will run HP supplied diagnostic programs before having a product serviced under this Agreement. Customer acknowledges that Customer has no ownership interest in diagnostic hardware or software provided by HP, and that HP will remove these diagnostic programs in any HP loaned modem, or remote access device upon termination of this agreement.
9. Term: This Agreement will begin on the start date specified by HP as follows: for products under warranty, on the date of initial purchase of the new hardware product to be supported; for products not under warranty, HP reserves the right to require a 31 day wait period following acceptance of this Agreement by HP.
The minimum term for any order is (12) full month unless otherwise agreed, and all orders will continue until terminated by either party under the provisions of this Agreement.
10. Termination: Customer may terminate the Agreement
with 30 days' written notice. Upon 60 days' written notice, HP may cancel the Agreement. HP may terminate this Agreement at any time if customer fails to perform or observe any condition of this Agreement.
11. Governing Law: Any disputes arising in connection with this Agreement will be governed by the laws of the State of California. The courts of the State of California will have jurisdiction.
12. Entire Agreement: The terms and conditions of this
Agreement constitute the entire understanding between the parties relating to the provision of the service described herein, and will supersede any previous communication, representation or agreement whether oral or written. Customer's acceptance of this Agreement is deemed to occur upon Customer's signature or payment or upon HP's provision of any support services. No changes to these Terms & Conditions will be valid unless in writing signed by an authorized representative of each party.
I disputed the charges with my bank on 3/15/04 and advised them of the deceptive business practices. I have spoken to councel about additional legal recourse and will look into the realm of class action suits against HP for such activity. I will be writing the BBB and the Attorney General for Washington State, to advise them of the scam that HP is running.
Brandon
Federal Way, Washington
U.S.A.
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