[ltp] Purchasing a clean ThinkPad

[Lee Colleton]

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	I have attempted to purchase a ThinkPad from IBM with no OS installed.=20
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?=20
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.

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