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ddantesFlag for United States of America

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Seeking an opinion letter from a software expert

I'm disputing the credit card charge for a software application which I purchased online, and which did not perform according to the vendor's representations.  The vendor declined to make a refund, and gave a justification for the product's failure to meet my expectations.  My bank requires me to provide an opinion letter from a software expert, on the expert's letterhead, verifying that the charge dispute is justified.  I can provide documentation of the vendor's representations, and how their product's performance did not match them.  I would be happy to draft the letter for the expert's review and approval.
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Joe Winograd
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Hi Joe:  Happy to get your offer.  I would have contacted you directly, but you already invested too much of your time in the RezEasy issue, and I was loathe to impose.  And yes, definitely, if I am mistaken about the dispute, your opinion is equally valuable.  In that case I would withdraw the dispute.

The product in question, Zinstall, is designed to transfer files, settings and data between Windows computers.  I wanted to make an exact clone of a Windows 7 notebook, and the sales representative assured me (in a chat) that it could be done.  There is also a guarantee of "100% transfer" on the vendors website, along with an assertion that the "complete environment is transferred".  

After purchasing the software, I performed the migration as instructed, but Internet Explorer 11 was not transferred.  Instead, Internet Explorer 8 remained on the target notebook, and it could not be updated to version 11.  The vendor explained that Internet Explorer is an integral part of the Windows operating system, and is "not meant to be transferred".  I'll forward that Email to you, because I don't think it can be uploaded.

My dispute is based on the apparent discrepancy between the vendor's advertisements (and sales representative's statements) and the limitation which became apparent.  If I had been informed that the operating system environment and its components (including Internet Explorer) would not be transferred, I would have sought another approach, instead of buying Zinstall.

I'm uploading documentation.  After reviewing it, if you're of the opinion that the dispute is justified, I'd like to draft the letter according to the bank's specifications, and see if you will approve.

User generated image  User generated imageExhibit-D.jpg
After purchasing the software, I performed the migration as instructed, but Internet Explorer 11 was not transferred.  Instead, Internet Explorer 8 remained on the target notebook, and it could not be updated to version 11.

why not?

did it move your applications and data other than ie11 which is part of the OS..
Hi David,
A few comments:
wanted to make an exact clone of a Windows 7 notebook
It was not the right type of software to use for that purpose, imo. You should use cloning software, such as Casper, as shown in my 5-minute EE video Micro Tutorial:
Cloning a Hard Drive with Casper

And there are many other true cloning products, such as Acronis, Clonezilla, Macrium, Paragon, et al. But, based on the screenshot that you posted (I haven't done any research beyond that), Zinstall is not cloning software, and, as far as I know, neither is the competitor that they mention, PCMover. Rather than cloning (which I strongly believe that you should have used for your stated purpose), they just transfer programs, settings, and data from one computer/OS to another, e.g., from an existing W7 machine to a new W10 one.
The product in question, Zinstall, is designed to transfer files, settings and data between Windows computers.
That reinforces my comment above. That is probably what their product does (or tries to do), but that does not a "clone" make.
apparent discrepancy between the vendor's advertisements (and sales representative's statements)
I would distinguish here between the ads and the rep's comments. Based on the screenshot that you posted, the vendor has a strong case to say that the ad is accurate. However, if the rep told you that it would result in a "clone" of the old machine, that is clearly inaccurate. I would base your claim to the bank on the latter. What surprises me in all this is that the vendor is refusing to issue a refund for a product that I'm guessing is in the $100-200 range. I'd think that the ill will created, as well as the time required to deal with the issue, is not worth the revenue.

I see that you just sent me some doc on this...I'll look at it now. Regards, Joe

Edit: I reviewed the material you sent. I think your claim is justified if based on the interaction with their support rep, Gabe, i.e.:

You: I would like to know if Zinstall will transfer everything from the old computer to the new computer, so that the new computer is essentially a clone of the old one? Provided they both run the same Windows operating system.

Gabe: As I said Yes, it is fully supported

You could also toss in the "100% guarantee" from the website, but the company will argue that the context says that the guarantee is for programs, settings. documents, pictures, music, etc., although their comment "and the rest of your stuff" could hurt their position. In any case, it's worth including in the letter to the bank. Btw, I visited the website and see many products there. Which one did you purchase and what did it cost? Regards, Joe
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Thanks to both Experts.  David -- I don't know why IE8 could not be updated.  I spent a day trying, including downloading and installing all the required Windows Updates which were required.  There was an error message with every attempt to install or update Internet Explorer, "The Installation did not Complete".  I tried many solutions which were proposed by Windows experts online, including Microsoft, without success.

Joe:  The product was WinWin, which cost $119.  I did not know enough to distinguish between "migration"  and "cloning".  That said, I think that the sales representative's response about cloning is factually incorrect, as is the vendor's advertisement that the application "transfers the complete environment".    To my current understanding, the application transfers the complete "content", but NOT the environment, which is the operating system and its components.

If it's acceptable, I'll Email you a proposed opinion letter for your review?
I agree..."transfers the complete environment" is incorrect, by any reasonable definition of "complete environment", especially when prefacing it with "Unlike other, "file mover"-style products". Sure, send me the letter, although I'm leaving my office now for a couple of hours. I'll look at it as soon as I return...should still be a reasonable hour for you in paradise. :)
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You are very generous, Joe.  I'll send a proposed draft.  There is no rush about this letter -- the bank set a deadline of June 11.
You're welcome, David...no problem meeting the bank's deadline. Mahalo, Joe