Legal Question in Consumer Law in California

Bought new old computer -- company says out of warranty

I purchased a new COMPAQ hand-held computer (PDA) on eBay. It was advertised as new. When I received the computer, it showed no signs of ever being used. After less than 3 months of use, the screen 'blanked out'. I went to the COMPAQ support web site and discovered that this is a known problem with this PDA.

I called customer support and they asked for my PDA serial number. The number had never been registered, so I was the first user of the device. Customer support informed me that the unit was over 2 years old and was out of warranty (for units sold via a non-authorized reseller, COMPAQ offers a 3 month warranty that starts as soon as the product is manufactured -- not sold!). I have not yet received a reply from the seller of the PDA as to how he can remedy the situation.

Questions: 1)Can COMPAQ limit its warranty in such a manner to a consumer purchasing a new item? 2) this is a small claims case -- should I sue both the seller and COMPAQ? 3) What rights do I have under CA law?

Thanks


Asked on 3/14/02, 11:31 am

1 Answer from Attorneys
Ken Koury Kenneth P. Koury, Esq.

Re: Bought new old computer -- company says out of warranty

they can limit the warrenty any way they want. unless the seller TOLD you it was under wareenty you are out of luck.

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Answered on 3/14/02, 4:04 pm


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