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Thread ID: 35399 2003-07-11 05:44:00 Recovery Cd - PC Company - Time for a lawsuit? DMcKenzie (4203) Press F1
Post ID Timestamp Content User
158858 2003-07-11 23:11:00 >If I bought a V6 car...........

Surely the difference is,that 60% of people upgrade there compus,where 2% of people upgrade there cars thus?
Thomas (1820)
158859 2003-07-12 01:17:00 firstly i'll get one thing straight........i don't like supermarket pc's (and i don't work for one either) however i do have lots of customers who do like then and i can understand their point of veiw. personally i would much rather sell them a custom built pc. however competing against supermarket pc's and the elcheapo custom pc makers down the road is not easy.

>Why not spend a few dollars to upgrade it, rather than buy a new pc every time.

have you ever tried to uprade a p1 to a p4 ?? most customers simply go buy a whole new pc.

>> They say that the recovery cd will restore the computer to the state it was in when it was built
>>> correct. unforunatly the pc isn't in the state it was in when it was built.
>SOFTWARE wise. The cd should just install windows. Usually its pretty good at detecting new hardware.

no why should it. the restore cd is keyed to the hardware as per the agreement. why should it work after you change the hardware. the recovery cd's are desighed so it WILL NOT work on other hardware. even pcCO state this.

>Computers change every minute of the day, and thus require constant upgrades for newer software. Hell, the city council doesn't change what the roads are made up of and require you to buy new tyres every month.

no they don't. if you are upgradeing a pc every day what are you doing buying a supermaket pc in the first place. i havn't upgraded the hardware on my own custom built pc for years and majority of pc i fix havn't been even opened up for 5 years let alone upgraded. and BTW the council DID change the road and i had to change my tyres to suit the road.

>Theres no way a first time buyer is aware of these recovery cds and how limited they are.

correct. most companies do not blantly say the EXACT limitions of the restore disks.

however it is "buyer beware" and good research before buying anything is a good idea which explains why we get people asking what brand pc is good to buy.

unfortunatly companies like pcCo are kinda caught between a rock and a hard place. most costomers want a windows OS and to get a competive price they have to sign an agreement with microsoft ...if memory serves me correctly...they have to do a restore disk. they could do a OEM disk but i bet MS will charge them more for it which would make the overall price of the pc uncompetive. what customer is going to pay an extra few hundred dollars for a pc when they can get one with a restore disk cheaper esle where.

also don't forget for most people useing a restore disk is far easier than useing an oem windows disk....after all powa you make and use your own restore disk :)

>Don't you love it when people break down your text and analyse the specific sentences?

yep...makes pf1 kinda interesting for a change ;-)
tweak'e (174)
158860 2003-07-15 04:10:00 I have been too small claims court twice over such problems and won both times, even on appeal.

Unless you where told in writing that the recovery disk would not function if any of the hardware was changed then take them too small claims court and sue for a working version of the software.

You have the right too change the hardware as the computer is designed too be upgraded unless specified at the time of sale in writing.

Things like hardware / software conflicts are hard too argue / prove, but if the recovery disk is telling you it will not work just because you have changed a component in the computer and not because it is not compatible with the new hardware you installed then it might be worth the money too file a claim.

Good luck.
ugh1 (4204)
158861 2003-07-15 04:21:00 Thought there was no appeal in small claims court??I am obviously wrong! Thomas (1820)
158862 2003-07-15 04:24:00 I don't think you have a chance. If you want to feed lawyers, go ahead. :D

The way to go would be: on plugging it in, format the disk, in front of witnesses. Return the special Recovery CD, with a request for repayment of the OEM licence cost, because you do not agree with Microsoft's EULA. Then buy a full retail version.

You can see how people go about this when they want to use Linux in Australia (www.netcraft.com.au), and at Linux Mall (linuxmall.com).
Graham L (2)
158863 2003-07-15 04:38:00 > Thought there was no appeal in small claims court??I
> am obviously wrong!

Yes, but the grounds are fairly limited and you must appeal in district court.
ugh1 (4204)
158864 2003-07-15 06:41:00 Hi, thanks everyone for your input .

>I have been too small claims court twice over such problems and won both times, even on appeal .

>Unless you where told in writing that the recovery disk would not function if any of the hardware was changed then take them too small claims court and sue for a working version of the software .

>You have the right too change the hardware as the computer is designed too be upgraded unless specified at the time of sale in writing .

>Things like hardware / software conflicts are hard too argue / prove, but if the recovery disk is telling you it will not work just because you have changed a component in the computer and not because it is not compatible with the new hardware you installed then it might be worth the money too file a claim .

Hi this is especially interesting :)

Lets say thats all true (because it is) . They never say that the recovery cd would not work if I was to upgrade the hardware . The hardware works fine with the bios upgrade and is not incompatible with the hardware . And your right, the computer is designed to be upgraded . How can I double check on the licence though?

Brett, Do you think you could contact the email address in my profile and help me out a bit more, i . e . some of the specifics of the case and how you actually won? It would help a great deal :)

How much does it cost to take them to the small claims tribunal? Can you charge the Pc Company for some of the fees and for wasting my time with it etc?

Thanks to GrahamL for the links . The first one is a good laugh, second link is dead ?:|
DMcKenzie (4203)
158865 2003-07-18 08:18:00 hello? ugh1? DMcKenzie (4203)
158866 2003-07-18 21:42:00 > How much does it cost to take them to the small
> claims tribunal? Can you charge the Pc Company for
> some of the fees and for wasting my time with it
> etc?

Not sure how much it costs, but it isn't that much. If you win then the company you're suing will be told to cover your costs. However if you lose you may be required to cover their costs, which will likely be a lot higher than yours.

Mike.
Mike (15)
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