eddy pronk

I live in Australia and decided to reject my Vista license. My old notebook was a dual boot system with Linux and Windows XP. I rarely used Windows XP. The only Windows application I used was Skype. After Skype made my webcam work with their Linux version I never booted Windows again. For my new laptop I didn’t want to pay the
Windows tax again.

My email to Lenovo:

Hello,

On 17 October 2008 I purchased a Lenovo Thinkpad T400.
I am very satisfied with the Lenovo hardware product.

The first time I started the computer it asked me to agree to the
license terms for Vista.

The license terms for Vista states the following:
“By using the software, you accept these terms. If you do not accept
them, do not use the software. Instead, contact the manufacturer or
installer to determine their return policy for a refund or credit.”

The Lenovo part of the terms states the following:
“IF YOU AQUIRED THE PROGRAM(S) PRELOADED ON A LENOVO PRODUCT, YOU
MAY CONTINUE TO USE THE PRODUCT, BUT NOT ANY OF THE PROGRAM(S)
COVERED UNDER THIS LICENSE AGREEMENT”

I did not accept these terms and took a picture of the screen for reference.
I have not accepted the terms because I do not use Windows Vista, but Linux.
I have not used it and removed Vista from the system by overwriting the
partition table and installed Linux on my system.
I have taken pictures from all steps to prove that I have in fact
removed it.

I want to ask Lenovo to give me a refund or credit for the Windows Vista
License. In a recent case Lenovo has offered a customer 130 USD for a
refund. In another case HP payed 200 USD for a refund.

I am willing to accept a credit which I can use to order accessories
from www.lenovo.com/essentials.

details:

I have purchased my Lenovo from Phil’s Computer Supplies in Melbourne
and registered my product online.

Lenovo Thinkpad T400
Product ID : 27652KM
S/N ** ***** **/**

Windows Vista Business OEMAct
Lenovo Singapore
product key *****-*****-*****-*****-*****

Please take a look at this article:
http://www.ynetnews.com/articles/0,7340,L-3632861,00.html

I hope to hear from you soon.

Regards,
Eddy Pronk

The reply from Lenovo CARE

Hi Eddy,

In regards to this issue with the Microsoft Operating System Software that is pre installed in your system.

I’ve consulted my management on this and have been informed that we are unable to provide you a refund on the software mentioned above.

I would like to refer you to the policy in accordance to the corresponding issue which states that should the customer refuse to accept the Microsoft license, we will not refund the cost of the Microsoft license, and we generally do not provide refunds to items that are components/part of a package.
This is due to the license itself is an OEM version and it is not able to be installed in other machine if we were to do so.

I hope the explaination would be acceptable due to our Policy.

Hi ,

Regarding issue *******.
I am not happy with the outcome. I am looking at my options for legal
action. Please provide me with the contact details of your management and
the contact details of the department handling legal matters in Australia.

Please refer to this court case which resulted in a settlement.
http://www.ynetnews.com/articles/0,7340,L-3632861,00.html

Regards,
Eddy Pronk

After forwarding my initial email to their legal counsil I received the following:

Thanks for your mail Eddy. As I am sure you are aware our policy is not to give refunds for MS licences. In my view this policy is justified and supported at law.
I will find out if we are prepared to give you a credit, as opposed to a refund, for other Lenovo products and will get back to you asap. Did you have any particular accessories in mind?

Later I received this from Lenovo CARE:

Hi Eddy

I was engaged by (legal counsel from Lenovo) to offer you a credit of AUD$200.
Hope to reach out to you again today.

Stay in touch.

I could spend this credit on Lenovo products. I have read about people receiving a refund, but to be fair it does say “refund OR credit”.

Read more about the Windows-Tax Refund at TuxMobil and fsfe.

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