I'm a bit surprised with this. I'd at least ask if the client had a recent back-up. If no backup, I'd try to get the HDD back to them (if the HDD is in working order.) or offer some other data retrieval option.
I'm glad every apple laptop at the company I work at is hooked to a Time Capsule, even if it's not perfect.
Even though this is a special circumstance, Apple explicitly states in their service agreement that data is not covered. In fact, with my experience working at an authorized service center, we (rightfully so) charged people to back up their machine if we had to send it to Apple, as 50% of the ones we sent came back with a wiped drive (even the non HDD related repairs, like replacing RAM or whatever, as reinstalling the OS is typically the first thing they do, even if we told them exactly what the problem was). Even though it is Apple's policy, and Apple deleting the drive, customers would always blame us (but that's what stupid people do), so we started charging if they were too lazy to back up their data themselves, or were too lazy to read the warranty info.
Also, any major part that is replaced is property of Apple and they will not give it back for any reason unless maybe you want to pay the full price for it. They send them back to the original manufacturer and get them replaced/refurbished, so it's not worth it for Apple to just give the HDD's back.
I'm not trying to be mean, as I've been for the OP since this happened, but I'm just stating the facts.
I did always loved hearing, "Well what do you mean it's not covered under warranty? That's what I bought it for isn't it?"
"Uhh, well, sir. It doesn't cover any software related problems that can be fixed by reinstalling the operating system with the discs provided with each computer. Also, WE EXPLAINED THIS IN DETAIL WHEN YOU DROPPED OFF YOUR MACHINE!"
"Well that's the most ridiculous thing I've ever heard! I'm not paying"
"Apple reimburses us for warranty hardware repairs. With any software fix we do not get reimbursed from Apple, so we must charge for the time and effort gone into the repair, just like any service, sir."
Then, we'd tell them to call Apple. What was cool is that for some people, Apple would pay us so we could then refund our charge to the customer. They of course did not have to, nor did they do it to everyone, but Apple would still go out of their way (every now and then) to help a customer affected by their policy
Maybe I should clarify. The no transfer/return is if the unit were replaced via a ship-the-old-one-back-first method. In-store, Apple will almost ALWAYS do a migration on the spot if possible, as that's a service they already provide to a new purchase. However, once the old one's gone back to a depot, then you can forget ever seeing the data or drive again if it is to be replaced altogether.
In the three years I worked for an authorized center, of the times Apple replaced someone's computer with a new one or whenever we sent one off to Apple, the most I ever saw them do would be an archive and install (that would be on a repair, never saw them do a migration. Also, this doesn't mean they never have done it, just that I never saw it).
If MacXperts is getting the computer to give to you, then you can expect them not to transfer any data to the new machine at all. In fact, I'd fully expect them to hold so much animosity towards you that they would try to sabotage it as much as possible. I would highly recommend that you don't have the Xperts touch your new machine in any way. In fact, I would be weary if the factory sticker/seal has been removed/tampered with if it's coming from those incompetent dicks.
