Several months ago, in Intel communities, I found some a similar case, in which a guy spent a lot on two XEON processors to build up his workstation/server running Linux. Just because there were few tools under Linux tell a processor is retail or ES one, so he kept them two working for more than a whole year! That time, I suggested to contact with his direct vendor to make a mediation. His case is quite special that the two ES processors that guy got are very rare, some a company responded to this one as an almost retail tray rather than delivering to ES channel. The Intel crews asked him to contact with Intel support by private. So I had no ideas that what he did finally.
Selling an ES processor towards end user did really break the confidential agreement, and that is an illegal behaviour. All ES processors should not be disclosed without permission from the manufacturers such as Intel, AMD and all others. All ES processors are out of support from Intel and AMD, they are designed and manufactured only with the purpose for evaluation rather than actually use! There are many undisclosed differences between ES and retail ones. As to the situation about your case, I suggest you contact with your direct vendor, who sold it to you! Ask them to give refund. As to the refund, whether you could get 100% money you gave, I have no ideas! In my own opinion, you should use your local law and ES processor confidential agreement to guard your benefits, and fight to get back the honour of AMD too!
I just wish you good luck!
