From: Charlie.Mingo@p4218.f421.n109.z1.FidoNet.Org (Charlie Mingo)
Sender: Uucp@p0.f40.n109.z1.FidoNet.Org
Path: utzoo!utgpu!news-server.csri.toronto.edu!rpi!think.com!zaphod.mps.ohio-state.edu!wuarchive!uunet!blkcat!Uucp
Newsgroups: comp.sys.mac.hardware
Subject: More ROMinations (Was Price cuts ...)
Message-ID: <674822484.3@blkcat.FidoNet>
Date: 21 May 91 02:29:37 EST

cs421317@umbc5.umbc.edu (cs421317) writes:
 
c7> Any attorneys on Internet reading this? If I haven't been provided with
c7> all the functionality I purchased, are my remedies limited to returning
c7> products for a refund, or can the manufacturer be required to 'cough it
c7> up'?

    Generally speaking, under the Uniform Commercial Code you are supposed to
inspect the goods upon receipt to see if they are conforming.  You have a "reasonable" amount of time to do this, based on the amount of time needed
to evaluate the goods.  You could've checked the ROMs for 32-bit cleanliness
when you got your mac, but it would have been an difficult thing to do at the 
time.

    You could try to argue that there was a "warranty of fitness for a particular
purpose" if Apple had claimed your cx was good for 128Mb.  They didn't go that far however, and the question would be whether a "ROM Upgrade Promise" is
definite enough to be legally enforcible.

    For example, when is Apple required to make it available?  Most posters have
assumed that the release of a 32-bit capable OS (other than A/UX) makes 32-bit 
clean ROMs imperative.  The manuals only refer to "when higher density RAM 
becomes available."  How much higher density?  How soon afterwards?

    What could Apple legally charge for the ROM upgrade?  You can upgrade your
cx ROMs right now for $1600:  just get the ci upgrade.  They never said they'd
provide a *free* upgrade.  What if they charged $1600 just for the new ROMs?




 * Origin: mingo@well.sf.ca.us  mingo@cup.portal.com (1:109/421.4218)