[Debian-eeepc-devel] An eeepc 1101ha owner here

[Cristian Ionescu-Idbohrn]

On Sun, 20 Dec 2009, Alan Jenkins wrote:

> On 12/17/09, Cristian Ionescu-Idbohrn <cristian.ionescu-idbohrn at axis.com> wrote:
> > Hi guys,
> >
> > Did anyone of you manage to get the windos tax refund from ASUS?
> > Been trying to do that the passed month.  Unfruitful attempt :(
> >
> > Tips and pointers are most welcome.
>
> My browsing history suggests it may not worth trying.

But I found success stories too.

> (Standard disclaimer applies: I just read this on the internet a while
> back, it may not actually be true).

As I said, there are actually some indications of success:

	http://korakora.org/node/14
	http://www.osor.eu/search?SearchableText=Court+orders+refund+of+pre-loaded+operating+system
	http://www.aduc.it/comunicato/monopoli+illegale+usare+linux+come+disporre_11798.php
	http://news.slashdot.org/story/09/07/31/1215248/Amazon-US-Refunds-Windows-License-Fee-Too
	http://www.theopensourcerer.com/2009/07/21/getting-your-microsoft-tax-refunded-1010-for-amazon-uk/
	http://www.theopensourcerer.com/2009/08/10/pressure-mounts-on-windows-tax/
	http://simos.info/blog/archives/category/fdo

> Unless it's more about the principle than the money,

Of course it's about the principle too, but not only that.  Some of the
above links mention refunds of $65 or £40.  And that's quite a bit more
than the $6 you point to and the 7 euro ASUS would offer.  See below.

> and/or you're interested in pursuing it legally.

Valid point.

> With Windows 7, the new EULA means vendors don't have to accept OS
> returns separately.  IOW, they can say "this product includes Windows,
> take it or leave it".
> <http://yro.slashdot.org/comments.pl?sid=1453312&cid=30196206>

One of the replies to the above /. article makes a good point:

	See, that's another trap altogether. The EULA is only one part of
	the argument.

	The *REAL* argument is that concerning tying: it is illegal to
	bundle a third party product and then refuse to take it back if
	the customer doesn't want it.

> Or if it's Windows XP, ASUS are now only offering a $6 refund
> (supposedly because that's what XP is sold for to netbook OEMS).
> <http://yro.slashdot.org/story/09/11/22/1833255/No-More-Fair-Price-Refund-For-Declining-XP-EULA?from=rss>

I was actually informed with:

	http://vip.asus.com/eservice/techsurvey.aspx?ID=RWTM20091128187491973-514

that the XP version bundled with the eeepc 1101ha is 7 euros worth:

	From: ASUS Nordic 3 <tsd at asus.com.tw>
	Date: Fri, Dec 11, 2009 at 02:33
	Subject: Re:Re: Re: <TSD> Eee Family Eee PC 1101HA [ID=RTM2009121000065-118]

	Dear Valued ASUS Customer!

	Unfortunately, you have to contact us with in 7 days of the
	purchase, for the refund, that is currently 7 euro.

	Best Regards / Med Vänliga Hälsningar,
	Nils
	ASUS TMSS Support

I was just 1 day late for that glorious opportunity :(

So, there's still hope.  Just _don't be late_!  Even though I was neither
informed of the magic 7 days in any way, nor was I able to find that
information in any public place.  ASUS probably thinks it's not worth
playing fair :(

The EULA I read on the computer didn't mention any magic number of days.
It just says "promptly":

	...you should promptly contact Manufacturer for instructions on
	return of the unused product(s) for a refund...

which I did, as soon as I read about it (not on the Singapore Changi
airport, at Dufry Spore Pte Ltd photo shop, where I bought the netbook,
but after getting home and finding the time to install the box).

Obviously ASUS translation of the english word "promptly" unfortunately
is, contrary to any common sense, max 7 days from the purchase date.

Anyway, I erased any trace of OEM software.


Cheers,

-- 
Cristian