Re: Restore Question....

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Shenan

What was said after the sale is not relevant. What is relevant is what
was said before. What is said in the advert before sale would be
relevant.

"he said they have an agreement with Microsoft for pre-installing WinXP
on their pc's and providing a valid, legal product key, but they don't
burn off copies" sounds questionable? Why Microsoft not Dell? It would
be interesting to know whether the copy of Windows XP is a Dell OEM, a
generic OEM or something else. The statement also conflicts with a
requirement that a means of restoring the computer is provided! If it is
not a Dell OEM copy it could complicate warranty claims!

The conversation seem to have occured on the telephone and may well have
been with someone with questionable knowledge and authority. A face to
face meeting with a manager may get a more authorative and satisfactory
response. Lets hope that's what Cheryl gets.

--
Regards.

Gerry
~~~~
FCA
Stourport, England
Enquire, plan and execute
~~~~~~~~~~~~~~~~~~~




Shenan Stanley wrote:
Gerry wrote:
Shenan

" purchased a used computer"????

Is it a used computer? A retailer who sells Dell computers goes
bust holding in stock new Dell computers. Another retailer buys the
stock and sells the computers to the general public. These are
still new, not used, computers. The rights of the purchaser may of
course be restricted if the seller stated at the point of sale that
the computer was sold subject to specified conditions. However, I
would expect that if a new computer is sold without specific
conditions then a purchaser has the right to expect the computer
to be complete. It is not complete if the disks etc normally
provided with a Dell computer are not handed over at the time of
sale. In my view the seller would have tell the purchaser before
sale if they were not providing all parts normally provided with a
new computer.
http://support.dell.com/support/edocs/systems/opsx260/en/ug/findinfo.htm#1163594

The law relating to sale of goods does of course vary from one
country to another. I have no idea how it is applied in Canada.

I assume it is used by the comments made in the conversation itself...
(It may be a refurbished dell product - but was it refurbished by
Dell or a third party?)


CrankyCheryl wrote:

- "I bought the computer in July of this year."

- "My pc is a Dell, but I didn't buy it from Dell."

- "I know this Dell wasn't "new", it is an OptiPlex SX260 and they've
been around for a while....it wasn't advertised as being refurbished,
so it may never have been used before, but it's been sitting around
for a few years waiting for someone to buy it. I bought it from a
large Computer Liquidator Store. I called the store about needing to
restore and he said they have an agreement with Microsoft for
pre-installing WinXP on their pc's and providing
a valid, legal product key, but they don't burn off copies. He even
admitted that they may have deleted the hidden partition when they
pre-installed WinXP."

- "The only thing I received when I bought this mini tower is an
express service
code, service tag, and a product key."

What that all leads me to is that this is not a *new* Dell. A
computer liquidator having it (although we have not been told what
liquidator - that is a valid question) along with its age (the SX260s
were originally released in late 2002/early 2003) leads one to the
conclusion that even if it WAS once supported by Dell - that time has
likely come and gone. Retailers did not usually sell Dell's in
2002/2003 - other than Dell stores - of which few existed. The
phenom of Dell's being sold in retail stores is fairly new.
And - no one is giving the obvious answer - that the user can
discover just when it was (if it was) actually sold by Dell... If
the OP has the Service Tag (they do - they say they do) then they can
see the history of the machine using that.

http://support.dell.com/support/topics/global.aspx/support/my_systems_info/en/details?ServiceTag=xxxxxx
(substitute in the actual service tag for the x's at the end)

It will tell anyone when it was first sold by when the warranty
started. It will even show the original configuration and the person
on the machine could click on the 'current configuration' tab and
find out more. If it shows it was sold long ago - chances are it
will, then it *is* used. Not that it matters - as either way -
unless it was originally purchased with the 5 year warranty - it is
far from under Dell's warranty any longer.
The fact is - no matter what - the OP has to deal with the Liquidator
now to get anything done for 'free' and the chances of them doing
anything for free are slim to none and more expensive than buying a
brand new Dual Core Dell replacement machine with 19" LCD monitor and
Windows XP or Vista installed. heh The op would be better off trying
to fix the computer as I directed than trying any legal action other
than demanding an installation CD and seeing where that goes. More
than likely - this will end up bad because there are probably other
applications on the system the OP does not have installation media
for. ;-)
--
Shenan Stanley
MS-MVP


.



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