[ltp] Purchasing a clean ThinkPad
Robert Spahr
linux-thinkpad@linux-thinkpad.org
06 Dec 2002 21:50:54 -0500
I bought a T30 approximately one month ago. I never booted the Win xp
pro. I immediately inserted the redhat 8.0 cd, blew away the windows and
install. I am very happy with linux on my T30. I called IBM saying I do
not agree with the EULA, and am entitled to a refund. (I had first
called MS, informed me if the software is an OEM, I must go to the
computer manufacturer for the refund I am entitled.)
IBM has since given me the run around, and stated that there legal
department will not issue a refund. Since then IMB has not returned my
calls.
I am not going to launch into some letter writing. Any advice from
anyone who has successfully received a refund from IBM would be greatly
appreciated.
-- Robert Spahr
On Fri, 2002-12-06 at 20:45, Lee Colleton wrote:
> I have attempted to purchase a ThinkPad from IBM with no OS installed.
> These efforts have met with little avail, except the below reply of
> legal formality. I believe this may conflict with the Microsoft Windows
> End User License Agreement, which requires that you uninstall and return
> the Operating System to the OEM if you do not agree to the MS EULA.
>
> After calling customer service a dozen times, I found someone willing
> to deduct 100$US from the systems price which is the equivalent price of
> the preinstalled Windows XP. As this was merely a "promotional
> deduction", I will still attempt to return the OS. If IBM refuses to
> honor the MS EULA, then it is voided and I can safely ignore it without
> legal reprecussions.
>
> Has anyone returned just the operating system of their thinkpad before?
> I doubt that I'm the first to try it.
>
> Here is most of the message sent to me as a final reply on the matter
> from...
>
> Dennis Shepherd
> Teleservices Professional - Team Lead, Commerce Support Centre
> Teleweb Services, ibm.com Centers, Americas
> 105 Moatfield Drive, North York, Ontario, CANADA, M3B 3R1
> Tel: 1-800-426-4968 x37356
> Fax: (416) 383-5070
> 06/JD4/105/TOR
> e-mail: denniss@ca.ibm.com
> Notes: Dennis E Shepherd/Toronto/IBM@IBMCA
> IBM Customer Web site: http://www.ibm.com
>
>
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>
>
> IBM does not distribute any of its personal computer products without a
> preloaded operating system.
>
> IBM distributes its personal computer products, which consist of
> hardware
> and preloaded software, bundled as a complete package for a single
> price.
> These system units consist of hardware (central processing unit,
> harddrive,
> keyboard, mouse, etc., and possibly a monitor and/or printer) and
> preloaded
> software (operating system, machine bios, applications and hardware
> drivers).
>
> Where IBM sells hardware and software bundled as a complete package for
> a
> single price, the operating system software is licensed to the system
> unit
> that it is distributed with. IBM is not licensed to remove third party
> operating system software from the software preloaded and distributed
> with
> a system unit and distribute the operating system software as a stand
> alone
> product outside of the system unit.
>
> In addition, IBM does not provide a refund for the individual hardware
> or
> software components distributed with a system unit. Instead, IBM offers
> a
> full refund for the entire system for a period of 30 days after
> purchase.
> The terms and conditions of IBM's return policy are provided in the IBM
> Product Acquisition Agreement, which you agreed to prior to using your
> IBM
> product.
>
>
> The refund language from the IBM Acquisition Agreement that the customer
> agreed to prior to purchasing the system from IBM Direct, and attached
> to
> the outside of the shipping container, reads as follows:
>
> IBM Return Policy
> If you are acquiring Personal Computer Products (IBM Personal
> Computers, Intellistation Workstations, ThinkPad Notebooks, Netfinity
> Servers, Options by IBM, Accessories and related Programs), you may
> return the Products to IBM for any reason within 30 days of delivery
> and
> obtain a refund or credit (excluding shipping and handling charges).
> IBM
> does not provide refunds for portions of a packaged offering provided
> at
> a single price. You may, of course, return the complete package for a
> refund. To qualify for this credit or refund (as applicable), you
> must
> call IBM at 1-800-426-7235 within 30 days after the date IBM delivers
> the Product to you to obtain a return-authorization form. You must
> return the Product, including all documentation and accessories,
> intact
> and in its original packaging, to an IBM designated location by the
> date
> IBM specifies. A copy of your invoice, the return-authorization form,
> and the shipping label must accompany the return. Shipping and
> handling
> charges will not be refunded.
--
Robert Spahr
http://www.brainwrench.com
"People who are willing to give up freedom
for the sake of short term security,
deserve neither freedom nor security."
--Benjamin Franklin,