Ipad pro latent fault consumer law replacement

gkm2669

Hi folks,


First time I have used the forum, hope I am in line with all rules. My issue is regarding an IPAD PRO bought from a 3rd party supplier in Feb 2017 and a fault became noticed only after a 2 year period.



Feb 2017 my Daughter bought an IPAD PRO via student portal.


Apr 2019 Screen fault is noticed (It's a pressure related fault on the screen) on on 1 imaginary line full width of ipad screen swipe not affected moving apps across it is not possible is the best way to describe.)


Apr 2019 Contact with re seller made (Multiple mails on consumer law exchanged and rights of thereafter, they in short state that as it's out of the 2 year warranty a latent failure/fault would have to be proven to be present from within the first 6 months of ownership) This is the only way to receive a replacement, (All recorded in mails)


May 2019 Visit to Apple store and receive a genius report after inspection confirming no unit damage and no screen damage and identifies as a latent failure of the screen that requires a full unit swap out to resolve. (This should have allowed a return by the supplier at this stage?)


May 2019 Sent re[port to ge-tech multiple mails back and forth from supplier saying they are chasing their supplier, polite manner now wearing thin.


June 2019 Contact made with Apple support, advised of troubles with supplier, case raised and passed to senior advisor, he is currently looking at ways to possibly arrange an exception but has asked that I mail him back why consumer law should now entitle me to a replacement unit, he asked me to gain this from a legal avenue and to mail to him. He was a very nice chap and seemed very genuine so I believe if I do get this information to him it will allow him to easily arrange an exception and issue me with a replacement.

davidmcn

Your daughter's rights are against the retailer, who are mistaken if they think that latent defects must be detected within the first six months (though the onus would be on your daughter to prove that the defect was inherent). Apple might be more helpful but they don't have any legal obligation beyond the product guarantee.

DoaM

And to add to the above ... your daughter's report from Apple may count as the required proof. However there is no legal right to a replacement ... all she's entitled to is a repair, replacement* or refund** at the seller's choice (i.e. whichever remedy is most cost-effective for them). She's not entitled to insist on a replacement.

* A replacement would be with a working product of the same age.

**Any refund can be reduced to account for time of ownership.

A 2-year-old IPad would be worth, at best, 50% of the purchase price.

The law which applies is the Consumer Rights Act 2015.

Rainbowgirl84

Apple do not to the best of my knowledge issue reports.

DoaM

I'm only going by what the OP has posted ... if a Genius appointment is made for a product check don't they issue some form of printout?

gkm2669

Hi, the genius appointment generated a report that confirmed the issue to be a latent failure, also detailed no damage to the unit or screen. I think I have it clear in my mind what I would like to note, any comments or advice would be most welcome...

JJ_Egan

CR against the vendor and see post 3 that sums it up .

gkm2669

Hi ****,

Thanks for taking the time to take ownership of the issue we have discussed it is greatly appreciated indeed.

As discussed, I have sought council and under the consumer rights act 2005 the report issued in the Apple store under repair number ********* for the iPad confirms that the issue is a latent failure that would be inherent, it would be suggested that under this statute a reasonable solution would be to replace the unit.

Looking at the report issued the reason for a replacement of the whole unit as opposed to replacing the screen is confirmed as not possible, therefore it would seem to confirm that this would be the most cost effective resolve.

I hope this is the information required and look forward to hearing from you soon.

LilElvis

gkm2669 wrote: »

Hi ****,

Thanks for taking the time to take ownership of the issue we have discussed it is greatly appreciated indeed.

As discussed, I have sought council and under the consumer rights act 2005 the report issued in the Apple store under repair number ********* for the iPad confirms that the issue is a latent failure that would be inherent, it would be suggested that under this statute a reasonable solution would be to replace the unit.

Looking at the report issued the reason for a replacement of the whole unit as opposed to replacing the screen is confirmed as not possible, therefore it would seem to confirm that this would be the most cost effective resolve.

I hope this is the information required and look forward to hearing from you soon.

Actually, if the seller accepts the report from Apple confirms an inherent fault, the most cost effective resolution for them may well be to give your daughter a refund subject to a reduction to reflect the two years use she has had.

I hope that wasn't a cut and paste from your actual communication with the seller as the Act is from 2015, not 2005. There are other grammatical errors too.