Monday, September 18, 2006

Applying legal concepts to ordinary buisiness dealings (AKA: Why non lawyers hate us)

I just received my replacement system. I don't know if it works yet, because I can't plug my keyboard in. Apparently, this new system (a Dell Dimesnion E310) only supports USB keyboards and mice. I had a conventional keyboard with my old Dimension. They did not send a compatible keyboard with the E310. And I am thoroughly pissed. So, I'm about to send this email to tech support:

The system is here (mostly). Thank you.

However, it appears that this system does not support conventional mice or keyboards. The Dimension that I bought did, obviously.

I would like to point out that when I agreed to receive a new system and to send the orginal system back, I was promised, "Since your system is no longer in production at our factory, the replacement system will be refurbished. It will meet/exceed the specifications of your original system." (Emphasis added) The system you have sent me does not meet or exceed the specifications of my original system because my original system supported conventional mice and keyboards, while the replacement cannot.

As a rememdy, I propose that Dell ships a keyboard that is compatible with the E310 system to me. In the alternative, if I am forced to buy new components in order to have a system that functions, then I will not ship back the original system. The sale and/or use of salvaged parts should adequately compensate me for Dell's breach.

Please let me know how you would like to proceed.

Sincerely,

Ken Bach

I'm actually a little weak on whether there was actually an offer and acceptance here, or on whether they are obligated to replace the keyboard under warranty, but no need to tell them that yet. Hopefully I can save myself a trip to Best Buy.

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