Dell's gonna lose. I have been to Tiger many times and if an item hasn't been purchased by an end user (and thus taxed and used) Dell has no case. Tiger definitely states when something is refurbished or off lease.

Dell is gonna open up a can of worms if they win. Hell, you could turn around and sue Dell if you bought a laptop and they had a newer one out and claim they sold you a "used" computer.

Coral Tech
www.pantelonline.com