Legal Question in Business Law in California

Hewlett-Packard Product Failure Issue

Purchased an HP Scanner, was serviced and now fails to operate just outside of warranty. Also, software shipped is not compatible w/operating system as HP claims.. What are my chances in court to recover full purchase price given software does not perform as claimed - also failure of unit.. They offered to buy unit back, but only at 30% my price, I finally reached 50% upon threatening imminent court action. They deny responsiblity of software not performing, saying the other manufacture approved it, yet on HP's CD case - says is compatible when manufacture says it is not..


Asked on 8/20/99, 7:21 pm

2 Answers from Attorneys
Ken Koury Kenneth P. Koury, Esq.

Re: Hewlett-Packard Product Failure Issue

you may or may not win. CA has an implyed warrenty that something is fit for the purpose it was made for and you might recover on that theory. I think i would take the 50%.

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Answered on 8/25/99, 1:02 am
John Hayes The John Hayes Law Offices

Re: Hewlett-Packard Product Failure Issue

I wouldn't settle for the 50%. Depending on the wording both the software company and Hewlett Packard may be liable for the failed softward and hardware. If the wording on the software states that it is compatable and it isn't then they are liable. The law on warranties is some what complex. I would need to speak with you and acquire additional information in order to give you a definitive answer as to what you are entitled to. I can be reached at 888-563-8529. The call and the consultation are free. I look forward to speaking to you.

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Answered on 8/28/99, 2:15 pm


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