Remboursement de Windows par Toshiba

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Author: Yann FORGET
Date:  
To: Guilde, Aful
Subject: Remboursement de Windows par Toshiba
Bonjour à tous,

Un client de Toshiba en Australie a réussi à se faire rembourser
Windows 95 par Toshiba.

QQ extraits :
"I hope that this web page will prove useful to those people who want
to purchase a laptop without Microsoft Windows. The short summary is:

     It is near impossible to buy a laptop without Windows 
     The Microsoft Software License Agreement allows you to return the
software if you do not agree to its terms. 
     It is difficult, but not impossible to get Toshiba (at least in
Australia) to send you a cheque in return for the Windows License. 


(...)
> Toshiba is required by Microsoft contract to provide and purchase a
> valid operating system. Toshiba cannot get a refund from Microsoft.


     The agreement between Toshiba and Microsoft is irrelevant to me.


     The agreement between myself, Toshiba, and Microsoft says that I
can return the product for a refund.  Whether or not Toshiba can then
     receive a refund from Microsoft is really none of my business.


(...)
     I do understand your position, but if Toshiba enter into an
agreement with Microsoft where Toshiba is required to purchase
Microsoft software for each notebook, then Toshiba should be willing
to wear the cost of that software if I do not want to purchase that
software from you.


     Surely the discounts obtained by purchasing Microsoft software
with every notebook manufactured far outweigh the cost associated with
me not wanting to purchase the Microsoft software from Toshiba?  If
they don't, perhaps Toshiba should review their agreement with
Microsoft.


(...)
     > 5.    Mr Bennett states that he "refrained from using the 
     >       software, and .... completely removed it without creating 
     >       any backup". How was this accomplished? When was the 
     >       Operating System deleted?


     I removed the operating system by connecting the floppy disk
drive, inserting a Red Hat Linux boot floppy, turning on the computer,
deleting all partitions on the hard disk, and installing Linux.  I did
this on the same day I received the computer.


     > 6.        Has the computer been used between the dates of 2nd
February 1998 and 3rd March 1998? If in the affirmative, utilising 
     >           what operating system?


     Yes, the computer has been used the entire time I have had it. 
The operating system used has been the Red Hat Linux operating system.


(...)
     Toshiba's General Affairs Division have assessed your claim for a
refund of the unused Microsoft Software.
     Toshiba is prepared to offer you $110.00 (AUS) as a refund for
not using the bundled software."


Pour ceux qui veulent toute l'affaire :
http://www.netcraft.com.au/geoffrey/toshiba.html
A+
Yann

--
yann.forget@???
http://www.menway.com/