Apple ipad died out of warranty. Seller won't help. *UPDATED*

Suffolksim

I bought an ipad2 in August 2011. This was fine for a year, then overnight developed a hairline crack down the screen and the machine was replaced with a refurb under the warranty.

I have had the refurb just under a year and over the weekend it just went into sleep mode whilst unused, sitting on table, and went into a coma. Nothing I tried would get it going again. I spent 8 hours yesterday trying to get it to reboot, but it's dead.

I took it to the shop I purchased it from this morning (an Apple reseller, not Apple themselves). They tested it, said it was indeed a defunct machine and, because it was out of warranty and Apple don't repair machines, that was just tough. I quoted the Sale of Goods Act (I don't consider a £500 item fit for purpose or sufficiently durable if it irretrievably breaks for no discernable reason in 2 years). I was told the S0GA was irrelevant, the warranty was what mattered and, basically, go away.

I got the number of their head office and they are now going to send an EU claim form to Apple and it's 50/50 whether or not they will agree to replace the machine. If Apple say no I can buy a new one at a reduced price, but that's all they will do.

My question - is this correct? If they come back to me and say Apple have refused to replace the machine (well, why would they really..?) then what do I do next?

I am disgusted with this customer service. I won't name & shame the reseller yet in case it comes good, but I will do later if things continue in this vein.

halibut2209

Apple will probably offer you a refurbished model at a very good price. Given you've had the item for 2 years, any refund would be partial. Wait to see what Apple say, but don't go ahead thinking you are entitled to a full refund or a replacement for new as this simply isn't the case.

Suffolksim

I don't want a refund or new replacement. I'd be happy with my ipad repaired, quite honestly but it seems that is not an option.

So if I'm offered a refurb I have to pay for it?

visidigi

Suffolksim wrote: »

I don't want a refund or new replacement. I'd be happy with my ipad repaired, quite honestly but it seems that is not an option.

So if I'm offered a refurb I have to pay for it?

Apple don't repair iPad's - they just replace them...

Suffolksim

Yes that's what I was told. They take the duff ones and refurb them. The one I have is a refurb already because the original one also went wrong.

My question is, given that they will not repair my machine, am I supposed to just accept that or shell out a few hundred more quid for a refurbished machine with only a 90 day warranty? Do I have no right of redress?

Surely one could expect such a device to last longer than 2 years before it fails irrevocably?

visidigi

Book it in to a genius bar near you and see what they will/can do for you - you can book it in online and visit instore.

If they assess it as an inherent fault then you can go down the Soga route, but do NOT go in like a bull in a china shop and throwing round soga etc.

Go in, explain whats happened and see what they can do for you.

Suffolksim

Yes that's what I was told. They take the duff ones and refurb them. The one I have is a refurb already because the original one also went wrong.

My question is, given that they will not repair my machine, am I supposed to just accept that or shell out a few hundred more quid for a refurbished machine with only a 90 day warranty? Am I not protected by SoGA at all?

Surely one could expect such a device to last longer than 2 years before it spontaneously fails irrevocably?

wealdroam

So you have an Ipad2 that is two years old.
What is a second hand Ipad2 worth?
(a rhetorical question)

Firstly, if you start shouting too loudly, you may find yourself having to prove that the fault is inherent.
Probably best to keep the seller, and Apple, on your side.

If it is decided that the fault is inherent, then the seller must provide a remedy.
That remedy could be a repair, replacement or refund.
You can choose which remedy, but you cannot force the seller to provide a remedy which is disproportionate.
So effectively, the seller chooses the cheapest remedy.

Clearly supplying you with a brand new replacement is the most expensive remedy, so the seller will not be offering that.
You have already been told that a repair isn't possible, so we can discount that.

If they were to offer a refund, that can be reduced to take account of the (two years) use you have had... which brings us back to the question... What is a second hand Ipad2 worth?

If I were you I would be pushing gently for a refurb unit, but you may well have to make a contribution towards it.

Keep in that back of your mind that the seller does not have to provide anything until you prove that the thing is inherently faulty.
Also Apple have no legal responsibility at all once their warranty has expired.

Suffolksim

Sorry, I seem to have posted twice above in error. Interesting, reading the experience of a 2 year old faulty iphone returner on this board it seems that Apple replaced with a brand new phone with no quibbles. Maybe I will get lucky - I am 23 days outside 2 years.

The ipad is treated very carefully (I can't afford not to!), kept in an Apple case, never goes out of the house and is only used by me (middle-aged housewife, couldn't be more staid!). In researching the problem on Sunday I found forums littered with queries about this problem (usually fixable) and even Apple have a section on what to do if the particular problem occurs, concluding that Apple should be contacted if the problem does not resolve, so I hope I could persuasively argue that this is an inherent fault that existed at the time I was given the machine.

If I can't get a refurbed replacement I'm not sure I want to shell out even more vast sums of money on something that is so unreliable, so giving me a few quid off a new ipad isn't an attractive option at this point given the lack of assistance when the thing goes wrong!

visidigi

just a question, who replaced the original and was the refurb registered previously? I would ensure you lay out the history of ownership clearly, maybe even write it down on paper so if they need to get approval for replacement its easier for them to ensure the full facts are known.

Joke with them you did this as otherwise you would forget and point out your life is on your iPad and you desperately need help getting 'hooked' back up.

The number of devices sold, theres always going to be 'well known' issues, just say you don't seem to be having much luck with it - they've been known to be receptive to people who know their stuff and don't go in demanding...

Suffolksim

Apple replaced it direct last time via their tech helpline, I didn't have any contact with the shop. The history has all been explained on the claim form. I can only hope for the best at the moment.