Doesn't look like it, but I doubt they can be held to anything. They'll just claim they made the mistake in good faith (which might be true, even though they sold hundreds of these units with the same product description). Plus they have the return policy to fall back on, so they can say they offered a remedy. It just sucks from a customer relations point of view, but I doubt they care (judging from my experiences with them with owning a Thinkpad and a Deskstar hard drive).
I didn't get the CD-ROM either, I downloaded the Palm Desktop software and Palm OS 4.1 from palm.com. Seems to work OK so far, but the transferring apps/updating AvantGo takes a long time over the serial connection.