none of the above - help needed

[Guest]

I reqire a contact email within Microsoft, so I can discuss a free upgrade to
Vista that was never delivered. I'd like to do this before taking action in
the small claims court against the parties involved (just $35 AU to complete
the entire process in the small claims court, so it's worth it). Got all my
paperwork, forms filled out and company searches ready to go etc.

I qualified for the redemption upgrade and it was never dispatched due to a
completely incompetent PC manufacturer, and delivery company, who're both
saying that it's too late to do anything about it now, even though they
stuffed up.

Yeah, yeah I hear you say, but..... I have all the correspondence, notes and
actual proof that I qualified, so now I just need a email in Microsoft to
ensure I've covered all possible avenues before taking the process to court
with my claim lodgement.

Hope someone can help. Thanks heaps in advance.

 

[Shenan Stanley]

I reqire a contact email within Microsoft, so I can discuss a free
upgrade to Vista that was never delivered. I'd like to do this
before taking action in the small claims court against the parties
involved (just $35 AU to complete the entire process in the small
claims court, so it's worth it). Got all my paperwork, forms filled
out and company searches ready to go etc.

I qualified for the redemption upgrade and it was never dispatched
due to a completely incompetent PC manufacturer, and delivery
company, who're both saying that it's too late to do anything about
it now, even though they stuffed up.

Yeah, yeah I hear you say, but..... I have all the correspondence,
notes and actual proof that I qualified, so now I just need a email
in Microsoft to ensure I've covered all possible avenues before
taking the process to court with my claim lodgement.

Hope someone can help. Thanks heaps in advance.

Welcome to the Peer-to-Peer microsoft.public.windowsxp.general newsgroup.

Here you will find people *just like you* asking and answering questions
about Windows XP. Occasionally you *might* see an actual Microsoft
employee - but it is doubtful.

As for your problem - I am unsure what you hope to get out of Microsoft.
They only provide the software to the OEM who promised you the Vista
'upgrade'. Your complete case will be with those who did not deliver on
what they promised to you - the company who gave you the 'coupon' to redeem
for Vista.

How and when to contact Microsoft Customer Service and Support
http://support.microsoft.com/kb/295539

Being an OEM product, however, they will likely tell you to contact the
manufacturer...
http://support.microsoft.com/common/international.aspx?RDPATH=gp;[ln];oemphone
(
http://support.microsoft.com/?LN=en-au&scid=gp;[ln];oemphone&x=12&y=12 )

 

[Shenan Stanley]

I reqire a contact email within Microsoft, so I can discuss a free
upgrade to Vista that was never delivered. I'd like to do this
before taking action in the small claims court against the parties
involved (just $35 AU to complete the entire process in the small
claims court, so it's worth it). Got all my paperwork, forms filled
out and company searches ready to go etc.

I qualified for the redemption upgrade and it was never dispatched
due to a completely incompetent PC manufacturer, and delivery
company, who're both saying that it's too late to do anything about
it now, even though they stuffed up.

Yeah, yeah I hear you say, but..... I have all the correspondence,
notes and actual proof that I qualified, so now I just need a email
in Microsoft to ensure I've covered all possible avenues before
taking the process to court with my claim lodgement.

Hope someone can help. Thanks heaps in advance.

Welcome to the Peer-to-Peer microsoft.public.windowsxp.general
newsgroup.
Here you will find people *just like you* asking and answering
questions about Windows XP. Occasionally you *might* see an actual
Microsoft
employee - but it is doubtful.

As for your problem - I am unsure what you hope to get out of
Microsoft. They only provide the software to the OEM who promised you the
Vista
'upgrade'. Your complete case will be with those who did not
deliver on what they promised to you - the company who gave you the
'coupon'
to redeem for Vista.

How and when to contact Microsoft Customer Service and Support
http://support.microsoft.com/kb/295539

Being an OEM product, however, they will likely tell you to contact
the manufacturer...
http://support.microsoft.com/common/international.aspx?RDPATH=gp;[ln];oemphone
(
http://support.microsoft.com/?LN=en-au&scid=gp;[ln];oemphone&x=12&y=12
)

Australia Headquarters

Address
Microsoft Pty. Limited
1 Epping Road
North Ryde NSW 2113
AUSTRALIA

PO Box 91
North Ryde NSW 1670
AUSTRALIA Telephone
13 20 58 (Australia Callers Only)
612 9870 2200 (International Callers)

Regular business hours: Monday to Friday 8am to 8pm AEST.

Fax
Please include the recipient's first and last name.
612 9870 2466


You might try:
https://support.microsoft.com/contactus2/emailcontact.aspx?scid=sw;en-au;1366&WS=aufeedback

 

[Guest]

Thanks Shenan,

I'll give them a call now.

DebB
--
DebB - MCDST

I reqire a contact email within Microsoft, so I can discuss a free
upgrade to Vista that was never delivered. I'd like to do this
before taking action in the small claims court against the parties
involved (just $35 AU to complete the entire process in the small
claims court, so it's worth it). Got all my paperwork, forms filled
out and company searches ready to go etc.

I qualified for the redemption upgrade and it was never dispatched
due to a completely incompetent PC manufacturer, and delivery
company, who're both saying that it's too late to do anything about
it now, even though they stuffed up.

Yeah, yeah I hear you say, but..... I have all the correspondence,
notes and actual proof that I qualified, so now I just need a email
in Microsoft to ensure I've covered all possible avenues before
taking the process to court with my claim lodgement.

Hope someone can help. Thanks heaps in advance.

Welcome to the Peer-to-Peer microsoft.public.windowsxp.general
newsgroup.
Here you will find people *just like you* asking and answering
questions about Windows XP. Occasionally you *might* see an actual
Microsoft
employee - but it is doubtful.

As for your problem - I am unsure what you hope to get out of
Microsoft. They only provide the software to the OEM who promised you the
Vista
'upgrade'. Your complete case will be with those who did not
deliver on what they promised to you - the company who gave you the
'coupon'
to redeem for Vista.

How and when to contact Microsoft Customer Service and Support
http://support.microsoft.com/kb/295539

Being an OEM product, however, they will likely tell you to contact
the manufacturer...
http://support.microsoft.com/common/international.aspx?RDPATH=gp;[ln];oemphone
(
http://support.microsoft.com/?LN=en-au&scid=gp;[ln];oemphone&x=12&y=12
)

Australia Headquarters

Address
Microsoft Pty. Limited
1 Epping Road
North Ryde NSW 2113
AUSTRALIA

PO Box 91
North Ryde NSW 1670
AUSTRALIA Telephone
13 20 58 (Australia Callers Only)
612 9870 2200 (International Callers)

Regular business hours: Monday to Friday 8am to 8pm AEST.

Fax
Please include the recipient's first and last name.
612 9870 2466


You might try:
https://support.microsoft.com/contactus2/emailcontact.aspx?scid=sw;en-au;1366&WS=aufeedback

 

[VanguardLH]

I reqire a contact email within Microsoft, so I can discuss a free
upgrade to
Vista that was never delivered. I'd like to do this before taking
action in
the small claims court against the parties involved (just $35 AU to
complete
the entire process in the small claims court, so it's worth it). Got
all my
paperwork, forms filled out and company searches ready to go etc.

I qualified for the redemption upgrade and it was never dispatched
due to a
completely incompetent PC manufacturer, and delivery company, who're
both
saying that it's too late to do anything about it now, even though
they
stuffed up.

<snip>

Not Microsoft's fault. Not their problem. Did you buy a *retail*
version of Windows (some version you didn't name) or did you buy an
OEM version? Did Windows come pre-installed or did you have to
install it? If it is an OEM version, you never dealt with Microsoft
(nor did you pay them for any support). The Vista "upgrade" on an OEM
version has to come from the OEM. The OEM was the one making the
promise. You didn't bother to mention from whom you bought the
prebuilt computer with the preinstalled copy of Windows where you got
some coupon for a free upgrade.

If a car dealer says they will upgrade your standard tires on some
make and model of a car after the new tires become available but they
don't deliver, how is it the fault of the car or tire manufacturer
that the car *dealer* didn't make good on THEIR promise?

 

[Guest]

You're quite right VanguardLH. The ACCC here in Australia has already advised
this, however the shop is saying it's supplied by Microsoft so it's up to
them. I will try contacting Microsoft as a last resort before going ahead
through the court (it's so cheap compared to buying the software).

Everyone says it's someone else who's supplying it..... AsusTek are the oem
and they say it's up to the delivery people working in conjunction with
Microsoft. The ACCC say it's up to the shop and the shop says it's up to
Microsoft....... so you see my problem :-(.

It's been almost a year and over 30 pieces of correspondence since my
initial purchase, and my acceptance into the free upgrade program was
acknowledged as 'approved'.

 

[VanguardLH]

You're quite right VanguardLH. The ACCC here in Australia has
already advised
this, however the shop is saying it's supplied by Microsoft so it's
up to
them.

The shop is lying. Yes, the Windows software (or licenses thereof)
are supplied by Microsoft. It's their software product.

Remember to WHERE you sent the upgrade coupon?

I will try contacting Microsoft as a last resort before going ahead

through the court (it's so cheap compared to buying the software).

Everyone says it's someone else who's supplying it..... AsusTek are
the oem
and they say it's up to the delivery people working in conjunction
with
Microsoft. The ACCC say it's up to the shop and the shop says it's
up to
Microsoft....... so you see my problem :-(.

Don't know about Australia, but in the US when buying a product that
makes a promise to deliver something with the product, even if
delivered later, that promise has to be honored by the seller (which
is the store). Otherwise, I call my State Attorney's Office and ask
them for advice on instigating charges of fraud against the store. If
you bought a car from a dealer that said it came with a certain style
and brand of tires then that is what they have to deliver. Doesn't
matter if the tire manufacturer no longer happens to be in business.
The store would have to provide an equivalent product/service or a
partial or full refund.

The store is hoping that you have no recollection of to whom you sent
the upgrade coupon. Anything in the sales receipt show that a Vista
upgrade was supposed to be included in the *sale* of that computer?
$19 here for conciliatory court (aka small claims) would prove to the
store as to what is their true responsibility; however, most such
courts do not allow you to include the filing fee, lost workpay, and
other incidental costs to be included in the claim.

It really depends entirely on what the coupon said as to who provides
the Vista upgrade. Did you keep a copy of it? Was the coupon
detached from a form which you still have to stipulate the conditions
of that coupon? It is possible that Microsoft is responsible but,
again, the details of the coupon would have to be known. There was
Microsoft's Express Upgrade process
(http://www.microsoft.com/windows/products/windowsvista/buyorupgrade/expressupgrade.mspx).
Notice what it says. "If you purchased a PC between October 26, 2006,
and March 15, 2007, you may qualify for an Express Upgrade to Windows
Vista from your computer manufacturer." The upgrade doesn't come from
Microsoft. It comes from the computer manufacturer (where you also
got the OEM version of Windows that was pre-installed at that time).
So Microsoft is not on the hook. Either the store is responsible or
the name-brand of the prebuilt computer (as yet unidentified by you)
is responsible. If the computer is a store-brand product than the
store is responsible. If it was a Dell, Gateway, Toshiba, or other
name-brand product then you go to them for the upgrade.