Posted by: Anonymous Coward
on January 06, 2007 05:38 AM
Actually that is exactly what you are suppose to do. You are suppose to try and work out an issue first outside the courts before sending it to court. This is one of the things you can present to the court as a reason for the case occurring in the first place, as it is the basis of the grievance that you have with the vendor.
You should document any contacts, when, where, how, and who that you make with the vendor and submit that as a list when you present your information to the Judge in small claims court. In small claims court, you need to be succinct, through, and to the point. Have a copy of the EULA with the proper section highlighted/bold that tells of returning it to the vendor and have a copy of a recent sales/ad from a store with the price to Windows XP Home/Pro/MCE OEM (whatever version that you are rejecting/returning). You should state that you simply want to exercise your rights as defined by the EULA, you attempted to do so with by contacting XYZ on XX/XX/XXXX at XX:XX time, and you were denied your rights by the vendor. Someone had a very good article up about making the case to small claims court last year about this very same issue.