Leeshor,
The issue here is that Surface devices get encrypted automatically when you log into a microsoft account, without informing the user, and in some cases making recovery of the bitlocked device either very difficult or impossible.
There should be a health warning to backup the entire device to an unencrypted volume on a regular basis, and clear instructions on how an encrypted surface SSD can be recovered in all reasonable scenarios, including device failure where the SSD is not accesible via normal means.
Microsoft may indemnify themselves from data liability, but they do manufacture the device, the drivers and the OS, so they do have significant responsibility for the platform where we choose to store our valuble data.
Thanks