I bought a $1700 computer system - that's not including a monitor -
from Fry's Electronics last week. I specifically asked for a system
already loaded w/Microsoft Windows Media Center Edition 2005, since I
already have a system equipped w/ MCE 2002 which is not upgradable.
MCE 2005 is not available unless it is pre-loaded on a Media Center PC
- I cant just go out and buy that operating system. Anyway - yesterday
I set up my new computer and to my dismay it is loaded w/MCE 2002. I
call Fry's and complain - they tell me to go to Windows update - that
I can update the software to 2005. You can't. I tell them this. Thay
told me basically that I have to return the PC - they will not load
MCE 2005 on it....here's the thing:  the invoice for my purchase, the
manual for the computer (which is a Fry's brand computer) and all the
documentation that goes along with it plainly states that I have
bought a Windows Media Center 2005 operating system. What is my
recourse? They keep telling me to call tech support for the upgrade
issue but I'm not a moron - I'm a systems analyst and I know what the
heck I am talking about. Not only that - they want to charge me 10% of
the purchase price because I no longer have the box the system came in
and I have to return it in a plain old box. Since I spent a total of
$3997 at Fry's that day I think maybe I deserve a little bit better
than they are giving me. I want to mow them all down - help!

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Request for Question Clarification by pafalafa-ga on 10 Feb 2006 10:47 PST

Assuming you paid with a credit card, you have a fair amount of leverage.

Just call the credit card company when your bill comes, and tell them
the charge is in dispute, and that you've notified the store already.

Eventually, some more senior person from the Electronic's store will
contact you, and work things out to your satisfaction...it's in their
interest to do so, or otherwise they won't get paid.

In the mean time, decide *exactly* what you want from them...return
the system and get your money back? Ship it to them for an upgrade at
no charge?  Send you software?  A discount on your bill?

I'm sure you want the whole thing resolved and working properly
yesterday, but that may be unrealistic.  It will take a bit of time,
but I'll bet you they come around, eventually.

Let me know what you think of this as an option.


pafalafa-ga

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Clarification of Question by mmmelly-ga on 10 Feb 2006 11:37 PST

Thank you for your help. I paid for the system with a debit card, so
in essence I handed them cash. I'm thinking pretty much the only thing
I can try to do is to find the phone number or e-mail address of the
highest person up in that organization possible and bombard them with
complaints. CEOs and the like tend to become irate when some "little
person" is on their phone or in their mailbox bugging them incessantly
with some petty (to them) problem. It seems a rather sorry resolution
to the problem - but I may have to resort to that.
Question still open for answer/comments.
Thanks again  :)

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Request for Question Clarification by denco-ga on 10 Feb 2006 14:18 PST

Howdy mmmelly-ga,

If you could please do me a favor and do the following.

Go into Media Center and then go to the following:

Settings > General > About Media Center > Software Version

Please post the resulting Version number here please.  It will be in the
format of 5.1.2xxx.xxxx.  Thanks!

Looking Forward, denco-ga - Google Answers Researcher

You have reached a fair sized audience with your posted question. You
might mention that to them.

You're a genius! I'm taking that computer and a link to this page and
heading straight for the head of the sales department at Fry's. Thank
you!

Question still open for answer/comments.

I agree pafalafa that you need to know what you want to be resolved.
They must have the disks somewhere (the manuals normally come with
them).  Point out that you paid for a system with MCE 2005 not 2002. 
If you want to return the system, that's your perogative, but I don't
think they will budge on the 10% fee (an expensive lesson to always
keep the boxes until you're satisfied).  Talk to the most senior
person possible.

I personally would call the better business bureau (and local state
consumer protection)and complain about them defrauding you.  They
can't claim that they meant 2002 since they included the 2005 manuals.
 Call up the Microsoft anti-pirating squad as they shouldn't have the
manuals for something and install something else and complain that
they don't have it. It may be a tech in the back that wanted the disk
or something.  Did they include the 2002 install disks with the
system?  Call Fry's global public relations (not customer service).
Even better would be to send a politely worded letter to them with the
exact resolution that you want.  Don't threaten or cajole directly,
just state what the problem is.  Good luck.

If that doesn't work and every little avenue has been exhausted.  Go
in there and yell and get mad and red.  Just keep on being difficult
(but not violent or threatening) and don't let the manager go until
you got what you wanted.  Make the stink in the computer section on a
Saturday afternoon when the store is at its fullest.  Complain loudly
about how they didn't install the right component and that their help
desk is not helpful.  Usually, being a jerk works in your favour.

My personal strategy when buying big ticket items is to use a credit
card.  If there's a problem with the purchase and the retailer is
being difficult, just withhold payment. They will call you ASAP.  Once
they have your money they really don't care.

If you decide to complain loudly in the store, which is a good idea,
then be very careful not to lose your temper.

Obviously you are dealing with jerks, and they'll probably do their
best to make you look a raving lunatic.

Also, very deliberately and obviously make notes on names and everything they say.

They offered to take back the computer
"  You can't. I tell them this. Thay
told me basically that I have to return the PC - they will not load
MCE 2005 on it"
They're being reasonable.Return it and buy one elsewhere.

Unless of course you simply have some other beef with Fry's and feel
you need an audience.

Media Center is not cheap... file a suit in Small Claims Court.
Really your only recourse if store personnel won't bite at the other
suggestions. (Definately worth trying).

Attention Shoppers: 

Fry's Electronics sells products as "new" that may actually be
defective, refurbished, used or all of the above. Regardless of
whether it's intentional or accidental on the part of Fry's, I have
been pesonally victimized a number of times. I've seen it happen to
another customer too. I heard from a former Fry's Headquarter employee
that the company has been cited and fined for representing & selling
refurbished goods as new.

Your best protection is:

1. Pay with a credit card (not a debit card) to retain your dispute rights.

2. Unless it is 100% sealed in hard shell plastic where you can see
the contents, open the package(s) BEFORE you leave the store
(preferably with an employee watching you). If you see ANY signs of
use, missing manuals, etc., ask for a replacement or refund. If you
opt for a replacement, open & inspect it too.

NOTE: I buy much more than the average consumer so I have also been
victimized by Best Buy, CompUSA, Circuit City, Office Depot, OfficeMax
and Staples. Therefore, I suggest opening & inspecting if having to
return it later might be more of a hassle for you.