EU 2-year guarantee or Sale Of Goods Act

boasey

I purchased an Apple MacBook Pro for £2649.99 online from AO.com on 19/12/2018. 

Since July 2020 my MacBook starting having an electronic issue where the light on the Touch Bar gets brighter and brighter when the machine idles. I contacted Apple (case number: 101162689779) who ran through some steps and diagnostics with me and confirmed that it was not a hardware or software fault but an electronic fault. Unfortunately, it was out of the manufacturer's warranty period so they advised I contact AO as it should be covered under the EU 2-year guarantee.

After numerous emails back and forth with AO they have now said this:

"I understand that the repair would now be chargeable if you do not have and Applecare plan with the manufacturer and wish for us to pay for this repair. Unfortunately, the EU law is superseded by the Consumer Rights Act 2015 which states if a fault occurs outside of warranty the consumer will need proof to confirm the fault is either inherent or beyond economical repair before we, the retailer, can look at a depreciated refund or repair, whichever is more appropriate for yourself.

We would however be more than happy to contribute towards the repair that Apple are offering, so if you can kindly confirm if this is an option you wish to take please carry out the repair and provide us with an invoice and we will look further into the matter for you.”

Can you confirm if they are correct in saying this please or am I correct in believing that the MacBook is still covered by the EU 2-year guarantee or the Sale of Goods Act and that AO should repair, replace or refund me.

Thanks in advance

Sandtree

SoGA was replaced with the CRA and the EU 2 year warranty wasn’t adopted in the uk as SoGA (and now CRA) was considered a higher standard. The requirement to prove fault switches after 6 months not the end of the warranty but that’s a bit irrelevant.

it sounds like they’re offering a repair or partial refund, so goes beyond their obligations, so not sure what your issue is?

boasey

My issue is that an item costing £2649.99 should not become faulty after 18 months and I should not have to pay approx. £1000 to have it fixed.
They say they would contribute towards the cost but don't say by how much and I'm wondering why they would do that if they believe it is not their obligation?

Spank

So that you will continue to buy from them in the future.

unholyangel

The 2 year guarantee/warranty isn't like a manufacturers warranty. It's a legal warranty which sets a time limit on how long you have to take legal action against a trader where the goods don't conform to contract. It doesn't mean goods need to last a minimum of 2 years. The same EU "law" which set the 2 years also sets the rule that over 6 month from purchase, the trader can ask you to prove it was inherent. 


As English law already gives you 6 years from purchase & scottish law gives you 5 years from discovery (to take legal action for breach), that is far in excess of the 2 year minimum. 

Sandtree

boasey said:

They say they would contribute towards the cost but don't say by how much and I'm wondering why they would do that if they believe it is not their obligation?

Why don't you clarify their "contribution" then?

Alternatively commission a report to confirm the item is faulty from a systemic issue rather than missuse etc and add this to the cost of the repair that you claim from them. They haven't said its not their obligation but have pointed out that the first step is your obligation to prove the fault.

burlingtonfl6

boasey said:

My issue is that an item costing £2649.99 should not become faulty after 18 months and I should not have to pay approx. £1000 to have it fixed.
They say they would contribute towards the cost but don't say by how much and I'm wondering why they would do that if they believe it is not their obligation?

New cars, new houses etc cost tens/hundreds of thousands of pounds and can become faulty too.
The price you paid has no reflection on reliability....... just look at Land Rovers!

mattyprice4004

They're perfectly within their rights to ask you to get a report stating that it's an inherent fault - if you do get this report then they'll have to repair it, replace it or give you a refund (however this can take into account use you've had from the machine). 

The EU 2 year warranty isn't a thing, because the SOGA and then CRA both provide additional protection. 

jon81uk

The question you need to get the answer to is, was the defect caused at point of manufacture? As the item is over six months old the onus is on you to get proof to that effect.