Legal Question in Consumer Law in Michigan

Purchased an item recieved another

On Feb 9 2007 I purchased an HP Desktop computer, It is supposed to have an AMD anthlon 64 x2 4200+ 2.2ghz Processor (dual core) however noting the unit was not running as fast as it should, and that the computer didn't show a 2nd core, I contacted HP, requested assistance and found that the processor only has an AMD anthlon 64 3200 2.0 ghz processor.

I purchased the unit in the box at a retailer, HP has the computer right now and wants to ''repair'' it under warranty, however, it is not broken, it just does not have the required processor (noted on the box, and their online specifications), My request is for a new machine, since I don't think this is a defect, I don't want a ''refurbished machine'' what is your thougts?


Asked on 6/26/07, 3:57 pm

2 Answers from Attorneys
Renee Walsh LawRefs Nonprofit

Re: Purchased an item recieved another

I agree with you that you should reject the computer and demand a new computer. You did not receive the proper merchandise and are entitled reject and demand proper tender. The Uniform Commercial Code (enacted in Michigan) Article 2 and its subparts, supports your position.

(Please do not rely on this communication which does not create an attorney-client relationship and which is intended merely as a discussion of legal principles and is not to be relied upon.)

If you have further questions or concerns, or desire more specific information, please contact me at www.lawrefs.com.

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Answered on 6/27/07, 12:41 am
Audra Arndt Audra A. Arndt & Associates, PLLC

Re: Purchased an item recieved another

Demand the correct item instead of accepting a repaired or altered item. Put your requests in writing and keep track of who you talk to, their name, and the dates and times.

If you need a letter from a lawyer, please contact me. Thanks.

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Answered on 6/27/07, 9:22 pm


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