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Windows O.s. Software Is It "software"?

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cj1951 | 23:51 Fri 05th Apr 2013 | Law
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I have an issue with an insurance company on an extended warranty.

I bought a netbook running Windows 7.

The netbook now will not boot up and the recovery programme (manufacturer installed) will not get past 34%, to re-install Windows 7 & the necessary drivers & etc.

I returned it via the insurance company and it was checked out to be a Windows 7 fault. The insurance company will not repair it, as (in the very small print!), they do not cover SOFTWARE!!

I maintain that Windows is not purely just software, but an operating system that is required for me to be able to use the netbook, otherwise I would class it as "not fit for purpose".

Has anyone else encountered a similar situation?

The company I bought it from do not want to know, as it is past one year old.

Trading Standards maintain that the insurance company should sort it out - but will not do anything other than state that!

I think that the only recourse I can get to resolve this is to go to the Small Claims Court.

The Financial Omsbudsman Service do not want to get involved, as the Insurance company is now not a member of the British Insurers Association, although they are still selling warranties on household electrical and computer products.

Anybody have any advice?

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No legal expert but ... Yes of course the operating system is software, otherwise you'd not be installing it to your hard drive. But surely the question to ask is whether the fault is a software one. If the software doesn't even install doesn't that imply a harrdware fault preventing it ? And presumably the hardware is covered.
Question Author
I did make a query about the hardware being faulty-the answer to which was; "You operated the netbook okay for 10 months, so the hardware is not faulty"!!

The 'rescue/recovery' programme is supposed to re-install Windows O.S. from the original install at the factory, with it only getting to 34% before it stops and does not continue-it does seem to be Windows 7 is at fault.
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So, something that worked at one time is guarantied never to go wrong ? I've had hard disks fail on me before now. That sounds a feeble excuse to me, but what do I know ? (I'd be nice to have a second install DVD/CD to test with though.) I'd have hoped they would identify the problem before making claims it isn't their responsibility. Hope an expert comes along for you soon.
As the repair software is preinstalled I can see why they hope it is a software issue though. If you have the serial number for the OS then any Windows install disk for the same system would reinstall the system. But if course you need to be installing the same flavour of Windows 7.
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The original symptoms were;-

1) Files transferred to a memory stick - arrived, minus the file!

2) The 'right click' function of the mouse/curser/button stopped working and was completely blank!
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Zoostorm are the 'manufacturer'.

With regards to a software disk, which as wel all know is not supplied with new equipment these days-more money for Microsoft? Zoostorm offered to sell me a copy for £60.00, which I politely refused!!!!

They did say that I could download an OEM Windows 7 32bit and install that via an external drive.

I have done the latter but all four versions that I downloaded and wrote to disk refused to install.

As the netbook does not have an optical drive, I tired a slimline dvd drive, but that was powered by the netbook, thence I tried my externally powered dvd drive and that would not work either!!

Quite frankly, I have not bothered with Windows 7, as I feel it is a load of rubbish. When it was operating properly, there were no end of updates to it, far more than on XP, which is on my desktop.

I am now going to try Windows 8, as my mobile phone has that on it, although I I am still coming to grips with the mobile phone!.
have you actually set it back to factory settings? or just reinstalled windows?

sometimes reinstalling doesn't wipe the machine

maybe try that, as it will be like having the machine new from the shop

look up instructions online, if the mahcine has none.
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Question Author
1) There is no way of resetting back to factory settings-can only be done by
formatting and installing a new version of Win. 7 software.

2) The replacement disc for £60.00 is a dvd, not a hard drive!!

3) There is no physical damage to the netbook, as I infrequently used it and was careful.

4) I tried different mice & memory sticks, the results were all the same.
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yes, that is the model
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