Trumped by Toshiba?

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I finally did it. I finally plunked down some $$$ and bought a new laptop. I found a Toshiba that was a reasonable price and with reasonable features for what I’m wanting to do. I knew I was going to wipe off Windows Media Center from it and install MEPIS and I have been hearing some success stories about getting back the Windows Tax. Specifically, Dell seems to be refunding peoples money. I thought that I would try with BestBuy where I purchased the machine. Even if I didn’t get “The Tax” back, the machine was a good deal.

The key is in documenting every step. I took pictures of me opening the box, taking out the materials, and … HOLD ON! What’s on this sticker on the wrapping around the laptop?

Toshiba America Information Systems, Inc. (“TAIS”) currently sells personal computers with a Microsoft Windows operating system pre-installed, based on general customer demand. In order to maintain the highest quality standards under the Toshiba brand name, TAIS is committed to delivering computing solutions to the customer as a total PC system.

Notwithstanding anything to the contrary in any third party License Agreement or product documentation supplied with your PC, TAIS does not accept the return of component parts, or bundled software, that have been removed from the PC system. Pro-rata refunds on individual PC components or bundled software, including the operating system, will not be granted. If you wish to return a complete PC system, contact the TAIS dealer where you purchased the product, and comply with the dealers standard return policies and procedures.

Have I been trumped by this license agreement. I live a long way from BestBuy so I continued documenting my procedure including installing MEPIS Linux. It would be too much hassle to go back to the store. I guess I don’t have a leg to stand on getting my Windows Tax back. Or do I? I’m not a lawyer.

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