It most definitely isn't enforceable, but for the last five years when I have bought something of value that I might want to resell or infringe in someway on copyright, I have emailed or mailed the company a two paragraph letter. I include a line that roughly says 'This letter is valid even if you don't read it, as it has been received by your company & that's your responsibility'. As well as 'the letter supercedes your T&C and any amendments I make with or without due notice.' Its much like the actions they take. I also mention that if they don't agree with it, they can provide a full and complete refund including shipping, and I will return the item.
Out of fifty-odd companies in five years, only two have replied. Well three, but the third was in Japanese and they asked me to write in Japanese not in English. The other two companies said my letter wasn't valid and they wouldn't refund me. I replied that since they didn't accept my terms as a customer, I didn't accept their terms as a company (the terms of which I couldn't read until the item was bought and opened). No further response was received by me.
Its a fun experiment to see how many companies reply and how. Wish more took the time, but having worked before in customer service (with very highly ranked teams), I know my letter will either be overlooked, misfiled or misplaced by those that don't necessarily understand or care all that much. I would have loved to have received a letter like that when I was in CS, it would have been a challenge and pleasure to reply. But I know my managers would have dreaded it and it would have been ignored, so as not to cause any problems for themselves.
You have a limited amount of time to assist a customer and move onto the next so spending any time whatsoever on "challenging" customers is an enormous waste of time. This reminds me of the guy who wrote about how he always buys two of everything from Amazon and the one that comes first is the one he keeps (or some other such nonsense).
I understand that you want to get something out of this experiment. A confrontation? I don't know. From what you've said ("out of fifty-odd companies in five years...") and how you reply to them you're essentially determined to try to become a problem for someone, anyone. Have you considered that this might be a mildly sadistic behavior?
I would expect that most of the companies that didn't respond read it, labeled it 'bullshit' and moved on (no offense it's a fun experiment to see how they react).
For a contract to be valid some form of consideration (payment) is required, and it must be accepted by some action. You can't just issue contracts unilaterally.
The legal version of your approach, which people do all the time, is to modify a contract before you agree to it.
For example, print the EULA, modify it, and mail it back with a check that they have to cash to accept.
Not to beat a dead horse, but the common trick of including the EULA in the product is non-enforceable,right? The company's terms are void. Something about 'last shot fired' contracts and the Uniform Commercial Code.
Out of fifty-odd companies in five years, only two have replied. Well three, but the third was in Japanese and they asked me to write in Japanese not in English. The other two companies said my letter wasn't valid and they wouldn't refund me. I replied that since they didn't accept my terms as a customer, I didn't accept their terms as a company (the terms of which I couldn't read until the item was bought and opened). No further response was received by me.
Its a fun experiment to see how many companies reply and how. Wish more took the time, but having worked before in customer service (with very highly ranked teams), I know my letter will either be overlooked, misfiled or misplaced by those that don't necessarily understand or care all that much. I would have loved to have received a letter like that when I was in CS, it would have been a challenge and pleasure to reply. But I know my managers would have dreaded it and it would have been ignored, so as not to cause any problems for themselves.