Dell Update
For those following the Dell is not your friend story here is an update. The following won’t make sense if you haven’t read the first story.
I received two different e-mails from two fellows representing themselves as working with Dell Canada. The first put this whole thing in a very new and very much bigger light for me.
He pointed out that anyone who buys a Dell from anyone but Dell has only themselves to blame since they should know that Dell Canada only sells on condition the buyer does not resell and he pointed me to the “Terms and Conditions.”
“14. Applicable Law; Not For Resale. Customer agrees to comply with all applicable laws and regulations of the various provinces and of Canada. Customer agrees and represents that it is buying for its own internal use only, and not for resale. Dell has separate terms and conditions governing resales.”
The second one was from a pro in their systems department. He went online and found that the power supply is now available for purchase from the web site. No lecture or swipes, just letting me know it was there for the buying. So I went to the site and bought it with no misadventure.
However, during the checkout procedure I did take the time to read the Terms and Conditions. And the first guy was right.
In black and white they state your purchase is not for resale.
This actually shocked me. By the literal policy, EVERY Dell system and every part for sale on eBay is being sold in contravention of the contract with Dell made by the original purchaser. The power supply I bought I cannot sell to a neighbour without being in breach of contract!
I suppose this is fine and dandy if it's the way Dell wants to operate, but, just like other products that are not for resale, Dell should prominently stamp NOT FOR RESALE on every product and not bury in the depths of a Terms and Conditions document.
I also received two e-mails claiming I was opposed to or too stupid to credit the theft deterrence value of Dell's policy.
The theft deterrence argument is IMHO just silly. I've had a laptop stolen from me and I'll guarantee that the thieves were not up on the computer company's policy nor would they have cared. When it breaks they aren't about to go buy new parts, they'll just steal another one.
This is about controlling the sales in the secondary market and forcing the maintenance of personal data into the used computer market -- not about theft deterrence.
I received one e-mail accusing me of being a "Dell-Hater." That really misses the point. If I didn't absolutely love my XPS, I wouldn't give a damn what policy they had. The thing is I do love the machine so I want to be able to maintain it and enhance it over time. That's hardly "Dell Hating."
I had a back-and-forth with one fellow who said he has to “check a box promising not to export out of the United States” when he buys from Dell and so it’s no big deal. He claims to be a reseller but with that enormous capacity for logic I’d be concerned letting him near electrical outlets. First, this issue is not about exporting anything -- the same check box requirement is applied in Canada. But there is no check box anywhere that says “I promise not to sell this product in the event I have no further use for it.” And there is no check box that says “If I do not consent to the seller trading my personal information with Dell and even if I do consent and the seller chooses not to pass my personal information to Dell, I will be refused access to any needed replacement parts.”
He also blamed me for not reading the fine print of Dell’s Terms and Conditions. However, NO WHERE in those Terms and Conditions does it say a buyer of Dell products must register with Dell, let alone have the seller do the registering.
The rule against reselling is binding on the original buyer and if Dell wants to penalize them, it appears they may have a right to do so, although exactly what remedies they could legitimately claim is not clear. But the buyer has not been advised of the restrictions Dell subsequently imposes on them.
This set of facts, particularly the failure to disclose, will form the basis of my next steps which will be to file consumer complaints against Dell with all appropriate jurisdictions.
So, my condescending correspondent, I replied, I envy your omniscience but you are providing answers to questions not asked.
I didn't really expect any personal e-mail when I posted this, so thanks to those who did send them, even those of you who think I'm getting what I deserve and so on:)
|
