MACBOOK PRO - Apple confirm faulty part, but wont repair??

ynot420

Hi there,

thanks for taking the time to read my post, any help, comments or support would be very gratefully received.

The basic outline of my case is this -

• I purchased a Macbook Pro (MBP) from Apple Store Ltd.
• My MBP developed a Fault
• Apple identified the Fault as being the Graphics Chip
• The particular graphics chip used in my MBP is known by apple to have “a very high fail rate”.
• Apple refuse to repair of replace my MBP
• I contest that the MBP they sold me was not of a satisfactory quality and not fit for purpose
• I intend to pursue them under the 1979 SOGA.

On Aug 31st 2007 I purchased a Macbook Pro from the Birmingham Apple store for £1417.90. On the 4th May this year, it developed a fault which rendered the screen black. I returned it to the Apple store, when an Apple technician identified the problem as being a faulty graphics chip, specifically the NVIDIA GeForce 8600GT. He provided me with a quote for a new Logic Board (which contains the GFX chip) for the sum of £417 inc VAT. I decided to have a think about it and advised him that I would call back later in the week if I required the work carrying out.

Whilst searching the internet to check if the price I was quoted was a fair one, I came across numerous articles about problems with the NVIDIA and the MBP. After further digging I found the Apple had in fact successfully sued NVIDIA in 2008 due to the high fail rate of the chips they supplied. All MCP manufactured between 01/05/07 and 01/09/08 are fitted with the defective chip and Apple offer free replacement of Logic boards for new problems and retrospective compensation for customers who have previously payed to remedy the issue. But only for MBP less than 4 years old, at time of fault mine was 4yr 7mth old.

I returned to the Apple store where they confirmed that my MBP did in fact contain the defective chip and that the issue with my MPB was solely the failure of that chip. After numerous phone calls to their head office, the store manager informed me that they were not able to repair or replace my MBP as it was outside of their 4 year limit. After leaving the store I contacted the Apple care centre and received the same response as from the store.

I strongly believe that I have a very solid case, under the 1979 Sale of Goods Act, that the MBP they sold me was not of a satisfactory quality and that I am entitled to a replacement or refund for the whole unit. The facts are as simple as this, Apple sold me a product they know to be faulty, the known fault has occurred, and they refuse to allow me my legal rights under the 1979 SOGA.

After speaking to CAB, I yesterday sent Apple Store Birmingham a recorded delivery letter. In which I stated the facts of my purchase, I then explained how I believed they were in breach of the contract of sale and that I expected a full replacement or refund.

I understand that my MBP is reasonably old, but I contest that less than 5 years for a £1500 laptop is not an acceptable lifespan. I also strongly believe that time in this case, time is not a massive issue, the MBP was in reality Faulty from the moment I purchased it, and it just took over 4 years for the fault to affect the unit.

If anyone has any opinions to the validity of my case, past experiences with Apple or any other general advice, I’d love to gear from you.


Regards

[FONT=&quot]Gareth [/FONT]

Shimmyhill

Apple are generally very good with after sales and i know a few people who have had their MBP replaced due to same fault you have - however all have developed within 1-3 years.

I would suggest Apple have chosen 4 years because they are aware of their liabilities for a 'reasonable time' under the SOGA - there has to be a limit and the only way to contest this will be via court.

Also remember that if you get a refund it will be for the price you paid minus the time you have had it so it will not be enough to get a like for like replacement.

You make a valid point about it being faulty from manufacture but remember the onus is on you to prove that and Apple will no doubt point to many units that have not developed a fault and it is merely a high failure rate and not a certain fault.

Did you buy the laptop from Apple direct?

Good luck with it, i have a feeling you will need to go to court if Apple haven't done it already as generally they are very good even out of warranty and even when people drop products they have been known to replace for goodwill.

ynot420

***UPDATE***

I was contacted this morning by an Apple representative who informed me that they will be replacing the Logic Board, for free, at my earliest convenience.

Thank you for your help, support and advice.

Gareth