[clug] Windows Tax refund and ASUS

Chris Smart mail at christophersmart.com
Thu Jun 11 23:55:40 GMT 2009


2009/6/12 Nathan Rickerby <rickerby at gmail.com>:
>
> As far as the Trade Practices Act goes, a computer manufacturer or
> retailer has no legal obligation to provide a refund for unwanted software
> (Windows) or other add-ons (perhaps a free mouse, for example) that may
> be associated with the sale of a computer.
>

Maybe so, but Microsoft's EULA says that if you do not agree to their
terms and conditions, to return the product to the place of purchase
for a refund.

One presumes that Microsoft has made arrangements with their
distributors to comply with their terms and conditions.

Perhaps you can take it up with Microsoft. Good luck with that.


> A retailer or manufacturer could choose to offer refunds for unwanted
> software, or unwanted space bars, or unwanted product packaging/manuals,
> or sell bikes without wheels, but this would be a business decision and
> not a requirement of any law.

It would be interesting to see what the EU has to say about this.
Microsoft has been in trouble for not providing choice when it comes
to their operating systems. Manufacturers who only offer one operating
system may be in a similar boat. But then again they don't have a
monopoly like MS does. Perhaps it would be a different situation if
the manufactures could show that Microsoft is "strongly suggesting"
that they only sell Windows with their products. Either way, the fact
that there is little choice when buying a machine is the main problem.

Then again, Holden don't sell you a car with you choice of OS either.
I wish they did! :-)

-c


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