Greg Lehey's recent attempt to buy a Dell computer without Windows

[James Love <love@cptech.org>]

This is Greg Lehey's recent attempt to buy a Dell computer without 
buying Windows.  We've seen this before, and we will probably
see it some more.  Jamie
 

-----------------------
Subject: Re: Case #: 19990223181814 - Credit and Return
   Date: Wed, 24 Feb 1999 11:37:09 +1030
   From: Greg Lehey <grog@lemis.com>
 Organization: LEMIS, PO Box 460, Echunga SA 5153, Australia
        To: ReGina Jenson <dellcsd@dell.com>
        CC: James Love <love@cptech.org>

On Wednesday, 24 February 1999 at  0:50:31 +0000, ReGina Jenson wrote:
> Dear Mr. Lehey,
> Thank you for your question regarding a refund for the installed
> Microsoft Operating System on Dell Computers.

Thanks for your prompt reply.  Unfortunately, I'm not very satisfied
with the reasoning.  I'm copying Jamie Love from the Consumer Project
on Technology on this reply, so for his benefit I'm including my
original message:

>> I have always considered Dell a reputable manufacturer, and as a
>> consultant have continually recommended your machines, though I own
>> none myself.  Recent developments have caused me to reconsider this
>> stance: it appears that Dell is refusing to recognize the refund
>> clause in the Microsoft End User License Agreement for the Microsoft
>> software you insist on supplying with every machine.
>>
>> I consider the habit of insisting on supplying unwanted software
>> immoral.  Previously, I had thought that this was the result of
>> pressure on Dell by Microsoft.  Now I must find that it's Dell who's
>> behind this.  Please contact me and explain your position.  In the
>> meantime, I will recommend other manufacturers to my customers.

On with your response:

> As part of Dell's build-to-order process and commitment to quality,
> Dell relies on the presence of an operating system to load and test
> drivers and software applications before shipping systems to
> customers.

You appear not to understand: my customers do not use Microsoft.
Thus, they use no software at all supplied by Dell, and this
explanation carries no weight.  Nevertheless, I find it hard to
reconcile a claimed "build-to-order process" with an insistence on
software which the customer does not want and will not use.

> The vast majority of Dell's customers have told us they expect a
> Microsoft OS when they purchase a Dell system, so this is the type
> of OS we use as part of our build-to-order process.  Currently,
> customer demand for alternative operating systems is not sufficient
> to make offering them for small-volume orders cost-effective for
> customers or for Dell.

Again, you appear not to understand.  I am not interested in the vast
majority of your customers, I am interested in the vast majority of
*my* customers, all of whom reject Microsoft as bloated, inefficient
and unreliable.  We are not asking for you to install another
operating system, we are asking for systems either without operating
systems, or, if this proves complicated from a technical point of view
(as you indicate), the refund provided for in the Microsoft End User
License Agreement.

> Dell has a 30-day total satisfaction return policy that is available
> to all customers.  Customers who are unwilling to agree to the terms
> of the Microsoft End User License Agreement or those who are
> unsatisfied with their purchase for any reason may return their
> entire system to Dell under the terms of Dell's 30-day total
> satisfaction return policy.

I can only assume that my message arrived in so mutilated a condition
that you were not able to understand it, or that this is a boilerplate
response.  It certainly doesn't address my issues.

I am of the opinion that it is Dell who is not fulfilling the
Microsoft End User License Agreement.  And it is rather silly to buy a
machine, even with the promise of money back within 30 days, if I know
what I will have to do that because Dell is not honouring its
obligations.  Basically, this policy is costing you customers.

Greg Lehey
--
See complete headers for address, home page and phone numbers
finger grog@lemis.com for PGP public key

-- 
James Love, Director, Consumer Project on Technology
P.O. Box 19367, Washington, DC 20036, v202.387.8030 f202.234.5176
http://www.cptech.org, mailto:love@cptech.org