Screen broke on Apple Macbook Air after 2 weeks and Apple couldn't care less!

Sandtree

TadleyBaggie said:

I suspect Apple isn't going to admit to anyone that there is a problem with the screen until after the class action is settled (and maybe not even then). 

They have done before, a repair programme for "flexgate" was instigated in the January but the class action wasn't dismissed until the following July

the_lunatic_is_in_my_head

MarvinDay said:

the_lunatic_is_in_my_head said:

Yes this correct, in any instance* where the consumer raises that the goods do not conform to the contract within the first 6 months it is taken the goods did not conform unless it is demonstrated otherwise.

it doesn’t matter what the issue is and therefore it is up to Apple to show that the OP damaged the item through misuse. 

It's not as straightforward as that as there may be times when it's perfectly clear what caused the problem and when this happens, the retailer could rely on this section of the CRA:

(14)For the purposes of subsections (3)(b) and (c) and (4), goods which do not conform to the contract at any time within the period of six months beginning with the day on which the goods were delivered to the consumer must be taken not to have conformed to it on that day.

(15)Subsection (14) does not apply if—

(a)it is established that the goods did conform to the contract on that day, or

(b)its application is incompatible with the nature of the goods or with how they fail to conform to the contract.

If for example, there was a clear fingerprint (or thumb print) showing on the screen at the exact point where the crack was, Apple could argue that this is clear proof that the damage occurred due to misuse. 

The bit you highlighted doesn’t mean what you’ve said, it means if you use wood glue to stick metal together you can’t claim the goods do not conform because it didn’t stick. 

 or with how they fail to conform to the contract.

refers to application, not something else. 

Regarding your first point, I mentioned probability, so if you say your TV is broke and it has a hammer in the middle of the screen 99.99% the problem was you.

Your example of a finger print however doesn’t hold up, the goods should be durable so the consumer can break something through normal use and the goods still not conform to the contract. 

the_lunatic_is_in_my_head

davidrob said:

Thanks for these links TadleyBaggie - at least proves to myself that I'm not going mad!

the_lunatic_is_in_my_head said:

OP did you pay with a debit card or a credit card? 

Credit card. I've spoken to Barclaycard who asked me a number of questions and then said it was worth making a claim, so I'm getting the forms sent to me to fill in. However I would have liked to have resolved it with Apple first!

That’s good so if the claim is unsuccessful ask the bank if it was a chargeback or a section 75 claim.

If it was a chargeback advise them you wish to pursue a section 75 claim.

If that fails (or it was S75 the first time which failed) pop back for more advice

davidrob

the_lunatic_is_in_my_head said:

Regarding your first point, I mentioned probability, so if you say your TV is broke and it has a hammer in the middle of the screen 99.99% the problem was you.

Your example of a finger print however doesn’t hold up, the goods should be durable so the consumer can break something through normal use and the goods still not conform to the contract. 

Exactly, the laptop should be durable enough to withstand someone's thumb pressing the screen while adjusting the viewing angle.

What's really frustrating for me is that the apple tech didn't even spend any time trying to determine the cause, they took one very quick visual look and determined it must have been us that broke it.

I've read so many messages on various forums this afternoon with people who have had the exact same issue.  I don't feel hopeful about getting this resolved but I might spend my free Friday afternoon's in the Apple Store speaking to anyone who looks at an Macbook Air to tell them not to buy!

Olinda99

if all else fails, go to the small claims court.

The judge will make a decision based on the evidence you produce and the balance of probability. And if he/she believes you.

IMHO you will.win

powerful_Rogue

Olinda99 said:

if all else fails, go to the small claims court.

The judge will make a decision based on the evidence you produce and the balance of probability. And if he/she believes you.

IMHO you will.win

Where as I believe the OP will lose if they just go straight to LBA/Small Claims Court.

What the OP would need to do before standing any chance of winning is to get an independant report stating why the screen failed. Whether it was down to user error or a manufacturing defect etc.

Sandtree

Olinda99 said:

if all else fails, go to the small claims court.

The judge will make a decision based on the evidence you produce and the balance of probability. And if he/she believes you.

IMHO you will.win

It will be based on the evidence that both produce and in the highly unlikely event that apple turned up and showed they had stress tested the design with 1,000,000 activations and had a failure rate below 0.001% then the balance of probability isn't that the OP is likely to be in the 0.001% that break

The reality is that Apple would be highly unlikely to attend and therefore the OP wins by default (or a pre-court negotiated settlement) but its foolish to say that turning up and saying "it just broke governor" when Apple clearly with R&D test results to provide a balancing view is a slam dunk 

Olinda99

yes agreed but turning up with details of a class action, albeit in the usa, may weigh on the judge's mind ...

But, as you say, Apple will settle or not turn up. 

Sandtree

Olinda99 said:

yes agreed but turning up with details of a class action, albeit in the usa, may weigh on the judge's mind ...

The fact a class action exists wont mean anything... as above the "Flexgate" class action was dismissed by the judge... if its been settled in favour of the claimants then yes that may be something different but you'd need to understand the basis of the judgement.

The hurdle to commence a class action in the US is exceptionally low in some states. 

davidrob

Hello

2 weeks since the screen broke and numerous attempts to engage with Apple, I am unfortunately no further ahead.  I've approached their support from a couple of different angles. Through normal customer support and through the chief executive office and 'after investigation' they both lead back to the Apple Store's 15-30 second inspection of the cracked screen and determine that 'there's nothing else we can do.'  

It does strike me that Apple support (i.e. the manufacturer) keep trying to distance themselves from Apple retail (the people I bought it from).  Are they 2 separate entities?

The 3 key points for me are:

• The crack on the screen is on the inside- Apple's own engineer confirmed this, stating that the damage was likely done from behind.
  
• Apple's own engineer confirmed - and I have in writing - that there is no cosmetic damage at all on the laptop casing.
  
• When I asked the engineer why it would have cracked when my wife tilted the screen, not even pressing where the damage is, he said "the damage could have been done previously, weakening the glass and it was only at that point it decided to break".
  

On the 3rd point - given the Macbook was only 2 weeks old and barely used, how do we not know that the laptop hadn't been damaged prior to us picking it up?  How do we know that the person loading it into the truck from the factory didn't drop a box?  How do we know that the person unloading it at the Apple store didn't drop a box? How do I know it's not a previously owned Mac that someone returned and it's just been reboxed?  Difficult points to prove, I appreciate, but just as valid as me having to prove I didn't damage it.

At this point Apple won't even engage with me any further on the matter, stating their decision is final. Given the incident happened 2 weeks into owning it - and as it stands, 28 since buying it - there must be something I can say to them to get more of an investigation? Why is it up to me to prove I didn't do the damage and not up to them to prove they didn't do the damage? At this stage everything is down to 1 member of support looking at it for 30 seconds.

I have an outstanding claim with my credit card but I'm not hopeful on this one - surely Apple will just say exactly the same thing to my credit card company?  Or will they perhaps be open to more of an investigation once the credit card company is involved?

I am so adamant that we did not break this that I'm not going to let this one go.  I've spent for more than £429 of my time thinking and looking at this that it's no longer about the money and more about the principal for me.  While I'd take a fix, or even a reduction in cost for getting it fixed (meeting them half way), at this point I'm so sick of Apple and their stupid computers that I just want to hand it back.