[Gllug] Linux invalidates your HP warranty

[Jason Clifford]

On Wed, 4 Apr 2007, Chris Jones wrote:

> > Those terms are irrelevant except to the extent that they expand upon the 
> > rights you have under consumer or contract law.
> 
> They're relevant in that they set out the conditions under which a
> vendor will refuse support.

Not lawfully. They are like shrinkwrap licenses and there is case law 
against them. You cannot arbitrarily alter a contract after it is effected 
by sending such a document.

> > The fact that they are not made available has part of the contract before 
> > it is concluded means that under English and AIUI EU law they are not 
> 
> Why do you think they are not available before?
> 
> I purchased my laptop in a shop and was able to inspect the unit itself
> and the associated paperwork before handing over my money. I chose not
> to read the warranty documentation, but i still completed the contract
> by purchasing the unit, thereby accepting the terms.
> 
> I've never heard of a shop or vendor or online store refusing to let you
> see the terms of the contract.

Seeing terms of the contract does not mean giving you access to the kinds 
of conditions we are discussing. I have just tested this with HP's own 
online ordering system and it does not show any software license for 
Windows or any other non-HP software and only refers to them as follows:

"HP software products are subject to HP's standard licence terms posted in 
the HP Store. Non-HP software products and, exceptionally, some HP 
software products may be subject to different licence terms, as provided 
with such products."

That is not sufficient to introduce those unknown license term into the 
contract. In order for a term to be valid in a contract it actually has to 
be there and to be lawful.

The HP warranty listed in their ordering system is actually unlawful under 
English, and EU, law. It seeks to limit the warranty to 6 months and 
contains a number of other unlawful claims. As it is invalid the warranty 
reverts to that provided under consumer law.

> I understand your points entirely, I just refute them.

But not with anything other than your opinion which is totally contrary to 
reality.

Jason
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