[CLUG] [LinuxJournal] HOWTO: Getting a Windows Refund in California Small Claims Court

[adam beecher]

HOWTO: Getting a Windows Refund in California Small Claims Court

http://www.linuxjournal.com/article.php?thold=0&mode=nested&order=0&sid=7040

Thanks to good records and a Small Claims judge, Steve Oualline got a $199
refund for his unused copy of Microsoft Windows XP. One Linux user's story
shows how to establish a good refund case.

Getting a Microsoft Windows refund from a manufacturer is seldom easy to do.
In this article, I describe some techniques you can use to get your refund,
including how to deal with the manufacturers (and all their excuses) and
going to small claims court.

The first step to getting a refund is to ask for on. In most every case, you
immediately hit a wall of stupidity and evasion when you do this. Dealing
with this part properly is important, though, because you are building a
record for the court case that may follow. Your job is to be as reasonable
as possible and to make them look as dumb, inflexible and unreasonable as
possible.

It's important to know what excuses the manufactures will come up with and
how to counter them.

Excuse: You aren't entitled to a refund.
Answer: Then why did the software come with a license that said I was. Isn't
the license a binding contract?
Excuse: Contact Microsoft about the refund.
Answer: The license said contact the manufacturer. That's you. Why should I
contact Microsoft when they said to contact you?
Excuse: The software comes bundled with the hardware and can't be separated.
Answer: Then why did you give me a license that said they could?
Excuse: We'll give you a refund, but not for the retail price.
Answer: I paid retail for the computer and the software.
Excuse: The software is only worth $10.
Answer: Okay. Send me the check.

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