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Thread: Advise on retrieving hardware
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06-08-2011, 09:54 AM #1Junior Guru Wannabe
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Advise on retrieving hardware
Hi,
Almost a year ago we were co-locating 6 servers with a company. The company went under and we lost all of our servers as we were un able to contact them to send our machines back/ the data center at the time wasn't releasing the machines as their bills had not been paid.
Recently, I found an old invoice showing the machines I had co-located with them, the NATO nick names we gave the machines, their specifications and their IP addresses. Do you think if I contacted the data center and told them the situation and offered to re-colocate the machines with them they would release the machines back to me?
We spent almost $10,000 building those machines and at the time it was a big loss for us when our provider simply decided not to answer our phone calls thus us losing the machines.
Another senario - say the provider actually withdrew the machines form the data center and simply ran away with them (as he is no longer contactable even though their website is online + his phone is always on and simply rings then goes to voicemail) is there anything I can do? The problem is I don't have the original invoices for the machines from when I had them build, thus I can't prove I actually paid for them to be built, though I do have an invoice showing we were co locating the machines and their specifications as listed above.
Advise?
-- Vijay
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06-08-2011, 10:53 AM #2Web Hosting Guru
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I'd advise you to contact the company where you purchase those server. Say them who are you and explain your problem, I am pretty sure that they will just send you a copy of your invoices cuz they must have it in the database. But if you was buying parts and assembling it with your own hands, it can be a problem, because distributors usually don't have the info for each customer as builders usually do.
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06-08-2011, 10:58 AM #3Junior Guru Wannabe
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06-08-2011, 11:42 AM #4Web Hosting Guru
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Did you contact the datacenter already? Can they find out which systems are yours using info from the invoice?
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06-08-2011, 12:10 PM #5Web Hosting Master
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You could always try the data center to see if they have the machines. If they have them they may release them to you if you show you own all the data on them.
You can also take the matter to small claims court (if the current value is <$5000) if you do this you will want all the paperwork you can muster but can do this yourself (no lawyer required). You said you built the machines yourself can you get copies of receipts or invoices for the parts you put in them? Receipts for CPU's etc often even have serial numbers on them.
Dave.
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06-08-2011, 02:32 PM #6Backup Guru
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Are you saying that it's been a year since this happened? I would imagine that the servers are long gone by now. If your provider stopped paying their bills to the DC, the DC isn't going to wait long before kicking them out.
Considering the servers are a year old now, the value probably has dropped below $5000.Scott Burns, President
BQ Internet Corporation
Remote Rsync and FTP backup solutions
*** http://www.bqbackup.com/ ***
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06-08-2011, 11:56 PM #7Junior Guru Wannabe
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The servers are Dual E5520 machines with up to 24gb of ram or x3330 machines, there abouts and there are 6 of them.
I contacted the datacenter in question and they said if I could provide proof that the machines were mine they would let me co locate the machines with them however they would not release the machines to me as part of their client contract was that if he terminated it early they were able to keep his machines (and all of his clients) as colateral.
Is it worth agreeing and co locating the machines with the data center in question or should I take the matter to a lawyer to see if I could get them back?
What is the current value of:
3x Dual E5520 16-24gb if ram
2x X3330 16gb of ram
1x Q8400 4gb of ram <--- obviously not worth much
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06-09-2011, 12:35 AM #8WHT Addict
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I'm sorry this happened to you
It happened to a client of mine:
http://www.webhostingtalk.com/showthread.php?t=715415
What a debacle.
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06-09-2011, 03:56 AM #9Web Hosting Guru
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If you have evidence that you had went into a contract, have a tracking # that they received the hardware and invoice, you can take this to small claims court, they will be notified and proceedings will follow, start there, big hassle if you need to bring attorneys or mediator into it..
Richard Perez | PureWeb
Dedicated Servers - cPanel Web Hosting - cPanel Reseller Hosting
6 Nationwide Locations. 100% Network SLA. Established in 2007. True 24/7/365 Support.
Follow us on Twitter: @purewebtech. Network POPS in: LAX - CHI - DFW - NYC - SEA - ATL
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06-09-2011, 09:42 AM #10Junior Guru Wannabe
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How is this possible though because our provider had the clause in their contract that the datacenter would keep the machines.
Also, we co-located on a non contract basis thus did not have to sign this.
I have contacted the datacenter and they said they would allow for co location but not release of the machines, do you think its worth taking to small claims court?
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06-09-2011, 10:21 AM #11Web Hosting Guru
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06-09-2011, 10:43 AM #12Web Hosting Master
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Preface: IANAL
Those machines are your property. Not the data centers. If they have stipulated that you can continue to collocate those machines, then they have given you all the burden of proof you need to take them to small claims as they have essentially admitted that they are yours and they are wrongfully holding them.
Additionally, if you have serial numbers(boxes from built servers may have them) file a police report for stolen property.
Also, these may be of help:
http://www.justanswer.com/law/1utlk-...ent-space.html
http://www.webhostingtalk.com/showthread.php?t=962650 - XO and ANS
http://www.webhostingtalk.com/showthread.php?t=704313 - Less useful then the others
These are particularity important:
http://www.webhostingtalk.com/showpo...6&postcount=24
http://www.webhostingtalk.com/showpo...0&postcount=13
http://www.webhostingtalk.com/showpo...2&postcount=27
One piece of advise though, document everything in your emails, make notes when dealing with them over the phone.
Good LuckDan Sheppard ~ Freelance whatever
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06-09-2011, 08:07 PM #13Junior Guru Wannabe
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Thanks Very helpful
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06-09-2011, 08:22 PM #14Backup Guru
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Scott Burns, President
BQ Internet Corporation
Remote Rsync and FTP backup solutions
*** http://www.bqbackup.com/ ***
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06-10-2011, 07:53 AM #15Junior Guru Wannabe
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This is exactly the email they sent to me:
Original
Hello,
Unfortunately due to the Lian that was within their contract the hardware remains ours.
We can put these servers back online for you within our racks.
If you wish to get these back online, what we will need is some kind of documentation showing that these are your servers, this can be in the form of either a receipt, photos, hostname's, login details and specs of the servers.
Regards
Jake
Dedicated Servers
Hi,
Yes, we are keeping the servers on site and can put these back online when you are ready. When you are ready please place an order online for the suitable co-location plan and quote this ticket number in the additional notes section: IPY-71134-478
Regards
Jake
Dedicated Servers
Hello,
We have all the hardware on hand still. These have not been resold.
Unfortunately the hardware will remain ours and cannot be released to end clients as this is part of the lian in which was in the contract.
Regards
Jake
Dedicated Servers
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06-10-2011, 08:38 AM #16Aspiring Evangelist
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The hardware's not theirs and you have no contract with them that says they can keep it in their possession (or any contract with them at all).
Call the police.
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06-10-2011, 08:40 AM #17Web Hosting Guru
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It's still your servers. And any contract with third party will give them right to "own" the equipment.
Solution:
1. Get the info they asked you for as proof.
2. And then work with police or small claim. It looks like those guys are doing something not really legal.Last edited by ICC-USA; 06-10-2011 at 08:45 AM.
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06-10-2011, 08:49 AM #18Junior Guru Wannabe
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Thanks for your input. I will ask a lawyer for advise however as laws may be different in my country. If they have stated in email that the hardware is mine do I still need to provide proof to a court or can I just provide the emails?
Basically I sent the proof they asked for and they have indirectly stated the hardware belongs to me.
Not exactly the most elegant solution, I'd rather threaten them with a legal document.
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06-10-2011, 08:56 AM #19Aspiring Evangelist
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06-10-2011, 11:41 AM #20Backup Guru
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The police don't need to get involved unless the DC refuses to comply with a court order. This is a civil matter. A court order is what he needs.
It would probably be easier to just keep pressing the DC, and explain that their lien is not valid, because it's your equipment and they don't have a contract with you.Scott Burns, President
BQ Internet Corporation
Remote Rsync and FTP backup solutions
*** http://www.bqbackup.com/ ***
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06-10-2011, 03:21 PM #21Web Hosting Master
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I would first bring it to their attention you will take legal action and then if that does not work take it to small claims. (But make sure your claim is < the max for small claims.) Taking it to the full civil courts will likely cost more than the servers would be worth as you would need to lawyer up but you can do small claims yourself.
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