- Repair vs. Replace is Microsoft's choice, not yours
"Determination of whether a defective Product will be Repaired or Replaced is at Our sole discretion." They were allowed to repair rather than replace — that's not a violation.
- But the repair failed to meet the contract's own standard
"Repair" is defined as restoring the product "to a sound functioning state." Returning your device with the wrong OS and an invalid serial number does not meet that bar — this is your strongest argument.
- Replacement parts/units can be new, refurbished, or rebuilt
Confirmed: "We reserve the right to Replace a defective Product with a new, rebuilt or refurbished item of equal or similar features and functionality" — so if it does escalate to a replacement, expect it may not be brand new.
- The "altered serial number" exclusion doesn't apply to you
Exclusion (o) excludes claims involving "merchandise that has removed or altered serial numbers" — but this is meant for tampering by the holder before a claim, not damage caused by Microsoft's own depot during repair. Worth stating explicitly so it's not misused against you.
- Your concrete escalation lever: the Guaranty clause
If Microsoft fails to resolve or replace within 60 days of the claim, you can file directly against their insurer, Wesco Insurance Company (866-505-4048, 59 Maiden Lane, 43rd Floor, New York, NY 10038).
- Microsoft's own complaint-handling SLA is already broken
They commit to replying within 5 working days and resolving "in most cases... within four (4) weeks." You're past both — cite this directly when demanding escalation.
- No data-restoration liability
Unrelated to your issue, but worth knowing: Microsoft is not responsible for restoring your data/software or transferring it to a replacement device — that's on you.
Ref: “MICROSOFT COMPLETE FOR BUSINESS”
Commercial Service Contract
Terms & Conditions