Apple - MacBook Pro fault

GrowingBrian

Hello,

I am looking for some help.  My MacBook Pro developed an issue where it would not turn on (about 2.5 years from purchase).  I took this in to Apple, they looked at it and said it would cost almost £700 to fix. 

Now, their own website states:

Apple Products and Consumer Laws in the United Kingdom

Under consumer laws in the UK, consumers are entitled to a free of charge repair and (depending on the circumstances) may be entitled to a replacement, discount or refund by the seller, of defective goods or goods which do not conform with the contract of sale. For goods purchased in England or Wales, these rights expire six years from delivery of the goods and for goods purchased in Scotland, these rights expire five years from delivery of the goods. 

Given this and the fact a £2500 laptop should last beyond 2.5 years, is there any reason why this repair shouldn’t be done for free?

I spoke to Genius Bar head and he started saying I needed to prove it was a manufacturing fault as it was after 6 months (and to be honest didn’t sound like he knew what he was talking about).  I have saw threads on Apples own support and other articles highlighting similar issues which makes me believe it is a manufacturing fault if this is the road they are going down.

After 3 phone calls (including him saying to go directly to the retail ombudsman, which I informed I couldnt do as I hadn’t raised an official complaint) he eventually gave me the stores email address.  I have now issued a polite written formal complaint on their process and adherence to U.K. Consumer Law.

Does anyone have any perspective on this?  I believe that I am on the right side of the law with this one and will fight it with them.

Caz3121

you will need a report to confirm that the fault was inherent at time of manufacture. - you need to prove you were sold a defective product

Aylesbury_Duck

He does know what he was talking about.  You're not entitled to a free repair until you have proved a manufacturing fault.  If you manage to do so, the retailer can elect to replace, repair or refund (their choice).

macman

UK consumer law does not entitle you to a free replacement, discount or  refund up to 6 years from purchase.
What applies are your contractual rights under the manufacturer's warranty (in this case zero, as the warranty is 12m only) and your statutory rights under CRA 2015, which for up to 6 years and after 6m, requires you to prove a manufacturing fault existed at the time of sale, just as the Apple rep advised you.

the_lunatic_is_in_my_head

To be clear on the above, your Consumer Rights entitle you to a remedy (repair, replacement or refund, which may be reduced for ownership after 6 months) if the goods do not conform to the contract. 


After 6 months the retailer can request you demonstrate that the goods do not conform and with an issue such as this you would be looking to show they do not conform in terms of durability, i.e that the failed component causing the issue wasn't durable enough to last the lifespan of the product. 


Generally speaking if something inside has failed through general use without any signs of interference that would suffice.


The proposed lifespan might be questionable but give the price of a MacBook 2.5 years is short IMHO. 

Jenni_D

The Apple website is misleading (AFAIK) on two counts ... 1) as mentioned above ref. the remedy, and 2) in Scotland it is 5 years from discovery, not delivery.


Edit ... I've always thought 2) was the case, but this is making me wonder: https://www.mygov.scot/consumer-rights/

Shagger

macman said:

UK consumer law does not entitle you to a free replacement, discount or  refund up to 6 years from purchase.
What applies are your contractual rights under the manufacturer's warranty (in this case zero, as the warranty is 12m only) and your statutory rights under CRA 2015, which for up to 6 years and after 6m, requires you to prove a manufacturing fault existed at the time of sale, just as the Apple rep advised you.

Is the proving of a manufacturing fault what essentially shows that the device isn't fit for purpose i.e. you'd expect a £2.5k laptop to last for nearer 20 years than 2 years? Or is that some other law?

Years ago I remember a work colleague got their £400 fridge freezer replaced FoC when it packed up after 3 years, their argument being that something of that price should reasonably be expected to last much longer. I'm not sure what hoops they had to jump through if any though, and the law may have changed since then.

Aylesbury_Duck

Shagger said:

macman said:

UK consumer law does not entitle you to a free replacement, discount or  refund up to 6 years from purchase.
What applies are your contractual rights under the manufacturer's warranty (in this case zero, as the warranty is 12m only) and your statutory rights under CRA 2015, which for up to 6 years and after 6m, requires you to prove a manufacturing fault existed at the time of sale, just as the Apple rep advised you.

Is the proving of a manufacturing fault what essentially shows that the device isn't fit for purpose i.e. you'd expend a £2.5k laptop to last for nearer 20 years than 2 years? Or is that some other law?

Years ago I remember a work colleague got their £400 fridge freezer replaced FoC when it packed up after 3 years, their argument being that something of that price should reasonably be expected to last much longer. I'm not sure what hoops they had to jump through if any though, and the law may have changed since then.

The report's purpose is to establish if the fault is a result of a manufacturing defect, rather than misuse, damage, wear and tear, etc.  No retailer is going to just automatically replace a two-year old laptop without establishing the nature and cause of the fault, or asking the customer to do so.

Your work colleague was the recipient of excellent customer service, or he made sufficient nuisance of himself that they stumped up to make him go away, or that the retailer could clearly see it was faulty as a result of a manufacturing defect.