[ltp] Purchasing a clean ThinkPad

Tod Harter linux-thinkpad@linux-thinkpad.org
Sun, 8 Dec 2002 21:48:10 -0500


Good luck... Microsoft to my knowledge has NEVER given anyone a refund, n=
ot=20
unless they threatened legal action. There are a lot of famous stories on=
=20
that subject...

IBM and every other vendor is in MS's pocket, so basically you need to wr=
ite=20
your representatives. This is a law-enforcement issue.

On Friday 06 December 2002 08:45 pm, Lee Colleton wrote:
> =09I have attempted to purchase a ThinkPad from IBM with no OS installe=
d.
> These efforts have met with little avail, except the below reply of
> legal formality.  I believe this may conflict with the Microsoft Window=
s
> End User License Agreement, which requires that you uninstall and retur=
n
> the Operating System to the OEM if you do not agree to the MS EULA.
>
> =09After calling customer service a dozen times, I found someone willin=
g
> to deduct 100$US from the systems price which is the equivalent price o=
f
> 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
>
>
>             _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _
> _ _
>    _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ =
_
> _
>    _
>
>
>
>
> 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 custome=
r
> 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, Netfinit=
y
>    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 provide=
d
> 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 deliver=
s
>    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.

--=20
Tod G. Harter
Giant Electronic Brain