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Purchasing a new computer

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Purchasing a new computer

I bought a new laptop a few months ago but did not get with it the disc for the Windows XP operating system.

The firm keep telling me it is coming but it dows not arrive. I woould need it for re-formatting at some stage or after a crash.

Can anyone tell me if I have a right to demand this disc as part of the original purchase.? If so, any suggestions how to go about getting it?

From: fmslucas@marist.plus.com a reply by email would be greatly appreciated but one here would probably suffice. (I am new to this and don't see where to put my name etc. in any box)
13 REPLIES
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Purchasing a new computer

Yes, you have the right to demand a disc from th supplier.

The OEM licence for Windows XP requires that the company supply either a generic OEM disk, retail disk (including box and paperware. This is only if purchasing a retail version with it, and installed) or other backup solution.

My advice would be to contact them again, and ask for them to place in writting what the delay is and how long they expect it to take to resolve.

Once you have this, you have proof that they are admitting your disk has not been issued. This should provide you with a place for future procedings.

The Office of Fair Trading should be able to get your disk once you have this written evidance.
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Marist: Disc with purchase

Dear Mr. Richardson,

Many thanks for your answer to my query about getting supplier to give the windows XP disc.

I shall use your advice but I don't really knowf my purchase of the laptop implies my purchase of Windows XP.

It came bundled on the machine. Does that imply that I have a right to the windows disc?

What do you think?

Joseph V.McKeating fmslucas@marist.plus.net
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Purchasing a new computer

Yes, it does imply the purchase of the CD.

As we should all know by now, Microsoft are rather strict in there licence agreement to the consumer.

On top, they are strick about what is needed to constiture a system with Windows on. More so since the invent of XP.

My advice is to follow the simple licence quix Microsoft provide (HERE). It will tell you if you ahve a legitimate copy.

Provided you get to question 4, this is the most important answer.

If you can't get to the 4th stange, then you should be thinking of reporting piracy.
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Purchasing a new computer

My son has a similar problem to this, he bought a base unit from Time computers with XP pre-loaded on the hard drive earlier this year in May. We found on opening the package that no O/S disc was included. When we asked 'Time' about this, we were told that Microsoft has given instructions that these discs were not to be supplied anymore, and that the O/S disc had to be bought seperately, but Time would supply a 'Re-load disc' for £69.95. I contacted Microsoft about this, and though they would not give me a direct answer, they implied that it was down to the computer manufacturer whether they supplied it.
I have just visited the link to microsoft you supplied, and the label on my sons computer does not have the OEM name on it, or the letter 'D' and the label is from a computer manufactured between 2001 and 2002, whereas the computer was bought in May 2003. The computer was not old stock, as it was a new system they had only had going for about two weeks.
On searching for recovery media information on the microsoft website, clicking on the Time corperation name returns" page unavailable".
Any further advice/ info' on this would be much appreciated.

Ken
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Purchasing a new computer

I seem to remember reading about this in a computer magazine like Computer Active, which contained someone complaining of the exact same thing. I'll have a look through past issues for more details.
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Purchasing a new computer

The information Microsoft supply on there "How To Tell" site is limited.

The supplier search function simply looks for a registered supplier name.

If the supplier has provided a link to there ifnormation, the website shows it. Otherwise, a generic link is used. This looks the case here.

It allows a site ot have the pages without suppling information.

Time are quite correct in saying that they do not have to supply a Windows XP disk. What they do have to do however, is supply a "Recovery solution". This disk should pre-load the system with the required data.

It sounds like Time are trying to charge you for this, however, they are allowed to do this.

Section 1.5 of the EULA indicates that you may or may not receive this disk, in whic case, you are allowed to make a backup copy of the disk.

If your system is damaged and needs the reinstall process, they there is little you can do.
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Purchasing a new computer

Suppose you do not accept the MS licence terms and conditions. Can you not ask for a refund for the software ... at full retail price?

I though bundled packages were illegal. So they cannot say, no MS, no computer?
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Purchasing a new computer

When a system comes pre-installed with XP, you have to accept the EULA before you can proceed.

It does state at that point that if you don't accept you can no longer use that software further (until you accept).

If you shoudl choose the right to not-accept, then you should contact your PC Supplier and ask them to proceed to have it removed.

This can all be found in the EULA c:\windows\system32\eula.txt if you did choose to accept and which to read it further.
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Purchasing a new computer

How about cash back for the software ?
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Purchasing a new computer

Most companies say "Comes with...", "Preloadload with..." and other things.

Most do not sugest that you are paying for it to be included.

While it is obvious that you are, in terms of cash back, you have very little chance.

In adition, they may perform the removal themselve, as proof that the licence has not been accepted.
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Purchasing a new computer

I have not a recent version of the MS EULA. I believe it used to indicate that if you did not agree to the terms and conditions then you could get a refund.

I think that there are examples of this happening in Australia for example ... a full refund.

I once tried to find a Dell box without MS. Same as trying to find one without an Intel chip :-)
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Purchasing a new computer

Here is a quote from the EULA

Quote

By installing, copying, downloading, accessing or otherwise using
the SOFTWARE, you agree to be bound by the terms of this EULA.
If you do not agree to the terms of this EULA, you may not use or
copy the SOFTWARE, and you should promptly contact Manufacturer
for instructions on return of the unused product(s) in accordance
with Manufacturer's return policies.
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Purchasing a new computer

Many retails such as PC World, Currys do not provide a Windows CD it's normally pre-loaded but when you purcahse the PC there is a sticker on the machines somwhere which is the Certificate Of Authenticity which says that you machine windows is legit but you should make sure it is holographic also when you read the instructions it will tell you that once you start how to make backup CD which normally normally backup the windows and all the programs so if there is any problem you pop the cd and your back to how it from the shop