18 month old IPAD faulty but out of warranty - rights?
I have an IPAD2 that I bought in May 2011 (cost £499) and since last week it will no longer recognise a sim card and can't be used on 3G, one of my main requirements. My local Apple store say it can't be repaired and it's out of warranty but they will swap it for a refurbed IPAD2 for £200.
My question is do I have an argument that it should have lasted longer and they should still warrant it under EU legislation? Having read what I can find on the net it appears to me I have to show it was defective at the time of purchase, which it wasn't.
Any advice would be appreciated.
My question is do I have an argument that it should have lasted longer and they should still warrant it under EU legislation? Having read what I can find on the net it appears to me I have to show it was defective at the time of purchase, which it wasn't.
Any advice would be appreciated.
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I seem to remember EU law saying that 2 years is the guarantee instead of the normal 12 months offered by most companies. Not 100% sure but it is certainly not fit for purpose.
The refurb offer doesnt sound too bad
I'm not sure how the 2 year EU rules apply but I'm pretty sure that until/unless the OP gets an independent report confirming manufacturing defect (ie;not just wear and tear) the Apple Store is under no obligation to do anything.
"Consumer goods must be in conformity with the contract of sale. Goods are deemed to be in conformity with the contract if, at the moment of delivery to the consumer:
•They comply with the description given by the seller and possess the qualities of the product, which the seller has held out to the consumer as a sample or model.
•They are fit for their purpose
•They are fit for any particular purpose which was made known to the seller at the time of conclusion of the contract, and accepted by the seller;
•Their quality and performance are satisfactory, given the nature of the goods and taking into account the public statements made about them by the seller, the producer or his representative.
The seller is liable to the consumer for any lack of conformity which exists when the goods are delivered to the consumer and which becomes apparent within a period of two years (within the UK the Limitations Act 1980 allows a consumer to claim for up to 6 years after the date of purchase) unless, the consumer was made aware of or could not reasonably be unaware of the lack of conformity prior to the point of contracting."
And Apple have been and are in trouble over it .
All that six year limit is really saying is that up till that point the retailer has to at least listen to what you say and/or read your letters. It doesn't mean goods have to last six years. Now 18 months for an iPad failure doesn't sound right however UK legislation requires that the OP prove that it really is a manufacturing defect because they've had it more than six months. The Apple Store is well within its rights to dismiss a claim at the moment because the OP appears not to have provided that proof. In fact by offering a cheaper iPad they have done more than the law requires them.
If the OP can get that proof (at their own initial expense) then Apple will have a legal obligation to repair the goods and refund the OP the cost of the report. Note however if the report does not indicate a manufacturing defect the OP will have to foot that bill as well as any repair costs.
The 'genius' in the Apple store said IPADs were sealed and unrepairable, something I find hard to believe, particularly as they supply refurbished units!
I certainly didn't know I was buying an unrepairable device when I bought it.
My first Iphone developed a fault on its own. One time it ran out of battery and simply would not turn on or charge itself. A quick google found thousands of customers with the same problem: therefore a manufacturing/technology fault - not in the product description.
They told me that despite the thousands of complaints online about the same thing they had never heard of it happening to anyone else so I was not going to get a replacement or repair without paying.
Thankfully my mobile company footed the bill but it was the last apple product I will ever buy.
This 2 year warranty formed part of the then EU Directive. Each member state had the option whether to incorporate it into their national legislation. Italy did so but the UK didn't so there can be no reliance on it if purchased in the UK.
Keefy - one option is to argue that the item does not meet the "Durability" requirement of Section 14 (2B) (e) of the Sale of Goods Act. Good luck my friend.
Spooky!
It always seems to get better results than 'phone calls / emails.
It's an often posted myth on here - the UK didn't take the 2 year 'warranty', as we already have our 6 year SOGA.
As for the OP, take them to small claims court, for the replacement cost, your costs, and a small amount of compensation. It's VERY likely they will settle out of court, as it would cost them too much to go to court and defend themselves.
What doesn't seem fair though is that something that costs £499 should only be expected to last 18 months. Why not ask them face to face how long you should expect an i-pad to last if you bought a brand new one? If they said 18 months then would you buy one? Would anyone?
I think you have a good small claims court case.
the answer to that question though would depend entirely on how the ipad was being used.
if it was being used by a builder on a construction site every day then i would be surprised it lasting a year, simply because of the environment it being used in.
of course, it also depends on what has failed in the ipad. in this case, if the sim card was being removed and re-inserted many times, then it's possible the mechanism has been damaged in the process (not saying this is the case here).
it's never a simple case when working out how long anything should last - it depends entirely on how it is being used.
In fact by offering a discount on a new iPad2 they appear to me to have gone above and beyond what the law requires. Now I'm sure that they will benefit from another sale so let's not suggest they are wonderful people and have the sun shining out of their corporate posterior but it seems a pretty fair and decent offer to me.
Not that I'd want to be seen buying anything from the Church of St Jobs in the first place but fair's fair
I'm guessing that "refurbished" here just means units which for one reason or another aren't brand-new sealed products, rather than ones which have been physically repaired in some way.
no, they are "repaired" units.
all the externals are new, screen, casing etc.
internals are re-worked, repaired parts.
Failing that I think you need to pursue the durability angle of SOGA as has already been mentioned. Goods are supposed to last for a reasonable amount of time and I doubt anyone would agree that 18 months for an iPad is reasonable.