Apple Charging Policy

Mr_Toad

thescouselander wrote: »

The problem with exchanging a disk it that you're not just handing over the metal but also the data on there. If the repairer wants to keep hold of the hardware they need to make sure the data on there is handed back. If that is not possible then the only way to do this is to give the faulty drive back to its owner.

This is just wrong.

The manufacturer has no responsibility for the data at all, that is down to the user/owner of the data.

The 'need' as you put it is for the user to have adequate backups.

Copey1977

Thanks for all the insight - its been extremely interesting

theres a lot of talk of Warrenty - to be clear the Imac was purchased in 2011 so there is no warrenty or Apple Care. To add insult to injury i now found out that my Mac may have been eligible for a free replacement due to the Seagate replacement program a couple of years ago.

One last interesting point before i go and pick up my repaired Mac and old hard drive is that they don't make it clear on the invoice - they simply increase the price of the hard drive, so i want to question that on pick up

Copey1977

thescouselander wrote: »

I think everyone has lost sight of the fact the drive is the Op's property. It should be returned to them no questions asked.

If anyone could supply me the terms and conditions on purchase that show this it make save me some effort

bod1467

What did the T&Cs of the repair contract say? THAT is what matters. If they said that the old part becomes their property then you have no right to it without buying it back from them. If the T&Cs don't mention anything about them retaining the old parts then they still belong to you.

thescouselander

Mr_Toad wrote: »

This is just wrong.

The manufacturer has no responsibility for the data at all, that is down to the user/owner of the data.

The 'need' as you put it is for the user to have adequate backups.

I'm pretty sure the data would subject to the provisions of the data protection act. As soon and the company takes possession of the disk they have stored data relating to the OP who would be within their rights to ask for a copy to be prvided to them.

suicidebob

marleyboy wrote: »

Sounds more like Apple are repairing them and shipping them out to other unsuspecting customers as brand new replacement parts. I bet their raking in a fortune on this money making scam.

You were saving for a Mac? Of course you were!

bod1467

thescouselander wrote: »

I'm pretty sure the data would subject to the provisions of the data protection act. As soon and the company takes possession of the disk they have stored data relating to the OP who would be within their rights to ask for a copy to be prvided to them.

You seriously believe that?

As I said before, it depends on what exactly the T&Cs of the repair contract say.

suicidebob

Copey1977 wrote: »

Thanks for all the insight - its been extremely interesting

theres a lot of talk of Warrenty - to be clear the Imac was purchased in 2011 so there is no warrenty or Apple Care. To add insult to injury i now found out that my Mac may have been eligible for a free replacement due to the Seagate replacement program a couple of years ago.

One last interesting point before i go and pick up my repaired Mac and old hard drive is that they don't make it clear on the invoice - they simply increase the price of the hard drive, so i want to question that on pick up

You seem a birthday confused. It's not adding insult to injury - it's your own fault you didn't get a replacement at the time.

Your last paragraph makes no sense at all.

The whole saga is the result of one thing - user error.

Mr_Toad

thescouselander wrote: »

I'm pretty sure the data would subject to the provisions of the data protection act. As soon and the company takes possession of the disk they have stored data relating to the OP who would be within their rights to ask for a copy to be prvided to them.

Companies are have no obligation under the Data Protection Act to recover data from a failed device.

The act makes provision that data should not be released or it should be securely wiped from faulty hardware, if this is not possible then the device should be destroyed, or, degaussed to destroy the data so that the hardware can be sold/tested/reused.

Failure can result in fines under, I believe, Section 13.

Nilrem

thescouselander wrote: »

I'm pretty sure the data would subject to the provisions of the data protection act. As soon and the company takes possession of the disk they have stored data relating to the OP who would be within their rights to ask for a copy to be prvided to them.

You've never actually read the T&C for data storage devices have you?:)

They always (at least unless you're buying a business level contract with data recovery thrown in), state quite clearly that the company that made the device will have zero liabilty for loss of data, and no obligation to attempt to recover it (as otherwise your £50 HDD could cost the manufacturer £500-1500+ in data recovery, and profit margins on drives are tiny as it is).

Every returns agreement for devices and most repair contracts also state the same, as the manufacturer can never guarantee when they receive a device back that they'll be able to fix that specific one for you (until they get it they don't know what's wrong).

Drives that are returned for any reason to the drive manufacturers will typically be put into automated systems that will attempt to check the drive powers up and is seen, then as the first port of call if it is seen by the machine will wipe them prior to running exhaustive testing (and if it passes will get recertified).

Finally the drive manufacturers etc are not "data handlers" under the definitions of the DPA in regards to what is on the drive.