Windows Refunds in Switzerland [index] [webmaster]

Re: Windows refund (28 Jul 2000)

Date: Fri, 28 Jul 2000 13:45:58 +0200
From: Olivier GLASSEY <GLASSEY@ufper6.unifr.ch>
X-Sender: GLASSEY@ufper6
To: dash@ch.ibm.com
Subject: Re: Windows refund
In-Reply-To: <C125692A.00397954.00@d12mta01.de.ibm.com>
Message-ID: <Pine.VMS.3.91-2 (vms).1000728131347.31071A-100000@ufper6>
MIME-Version: 1.0
Content-Type: TEXT/PLAIN; charset=US-ASCII


Dear Mr Scheuzger,

Thank you for your quick answer. You have been very helping and I 
appreciate IBM support. I think however that a few facts have escaped 
your attention.

> I just spoke this morning with our HQ in Paris and they told me (after
> having checked this with US marketing) that we will not give refund for 
> Windows 98/95. There is only one solution if you don't want to use Windows
> 98 and still insist of refunding - you can return the whole unit and will
> get the purchase amount back. The unit and the package must be in unused
> condition.

Well, the law is the law. I can use any machine I buy, be it a tooth brush, 
a car or an IBM computer. I will not return my Thinkpad.

> The sentence you have sent to us has been written by Microsoft (for OEM 
> vendors of their own software). There is no program from IBM to pay back
> the OEM  license fee which is approx. CHF 100 (and I'm not aware if any 
> other vendor is able to handle this).

Your argument is seems to be wrong.

1) The sentence "Vous serez integralement rembourse" on the Thinkpad seal
   has been written by IBM, not Microsoft.

2) If IBM is stupid enough to resell Microsoft software under Microsoft's
   monopolistic conditions, it is not my problem. If IBM does not get the
   amount of the refund from Microsoft, it is not my problem.

Let me recall that the "Contrat de Licence Utilisateur Final" is a legal 
contract between me and IBM, the Fabricant d'Ordinateur. This is the very 
first sentence of the CLUF. Microsoft does not play any role in this 
contract. IBM has accepted to sell software under the OEM terms. This 
might be a marketing error, but I am not responsible for IBM decisions. 
Moreover, according to the terms of the CLUF, the refund concerns the 
"produit(s) non utilise(s)", not the full package. I will use my Thinkpad 
but not the Microsoft stuff sold with it. Software and hardware are clearly 
distinct products.

I will not hesitate to bring this injustice to the public's attention if 
IBM does not fully satisfy my request.

Sincerely,

----
Olivier Glassey
University of Fribourg, Switzerland.