XP worth just $6 says Asus
We reported on a couple of cases last year where computer buyers negotiated a partial refund on their machines after deciding not to use the bundled copy of Windows. While those people got three-figure sums, people buying XP-enabled machines from Asus probably won’t find it worth their while.
Last July an American blogger reported receiving $200 from Hewlett Packard after he bought a machine running Vista and noted a clause in the licensing agreement for Windows which read, “If you do not accept [the terms], do not use the software. Instead contact the manufacturer or installer to determine their return policy for a refund or credit.” While it took two months to get HP to pay out, it was worth the effort as the rebate represented a third of the machine’s price.
Later last year, an Israeli man negotiated a $137 settlement from Dell in similar circumstances. We’ve also heard of British buyers getting a rebate direct from the retailer after deciding not to use the bundled operating system, though the retailer concerned (Amazon) appears not to have that as a standard policy.
It now transpires that Asus is also willing to give some money back to users who buy a Windows machine and choose not to use the system. Unfortunately that money is only $6.
A poster to the Slashdot site reports Asus making that offer and then answering his complaint by saying, “The refund price for the decline of the EULA is correct in it being US$6. This price unfortunately is not negotiable. I do apologize for any inconvenience this may have caused. Please be assured that it is not ASUS intentions to steer you away in any which way.”
Whether Asus is being reasonable is a very arguable point. It’s still not clear if manufacturers are under any obligation to give rebates at all: that point has not been established in court, and it’s possible some of these settlements are designed to avoid such a judgment having to be made.
If you take the position such rebates are required, the next question is whether the amount should be the retail price of the relevant edition of Windows, or the price paid by the manufacturer to Microsoft (the OEM price). In the Israeli case, the customer successfully negotiated the $137 retail price rather than the $100 OEM price which Dell initially offered in settlement.
If you do then conclude the manufacturer should only refund the OEM price, there’s still some question over the Asus situation. The actual price manufacturers pay per copy of Windows is somewhat secretive, but even with significant bulk discounts, $6 a copy seems very low. Judging by those firms who offer identical machines both with and without XP, the actual figure seems more likely to be in the region of $30.
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November 23rd, 2009
Cool , I am going to call the local computer store and order Five Windows XP Operating Systems for $30. Heck of deal…must be a early Holiday from Microsoft.