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

MalMonroe

Hi, please don't let this one go!

Per the Consumer Rights Act 2015, in this article from this very site, 

https://www.moneysavingexpert.com/reclaim/how-to-complain/#who

Under "Proving a fault later on", it says -

"When goods are faulty, if you try to return them within six months then the shop has to prove they weren't faulty when you bought them.

What to expect: You can ask for either a repair or replacement, though the retailer can say no if it's impossible to carry out or the cost of your choice is much higher than them for the alternative.

If the item is still dodgy after just one attempt at a repair or replacement, the repair or replacement isn’t possible or it hasn’t been carried out quickly enough, you’re then entitled to ask for a refund. Within the first six months this could be the full amount."

So it's up to the Apple Store to prove that there were no faults, not you. And it's your right to be able to let them have a look at the item. 

Tell them that you know your rights under the Consumer Rights Act 2015 and you need them to prove that the item was fault free at the outset. 

IvanOpinion

I am not sure that is correct, Mal. The implication of what you say is that anybody could just drop something or deliberately break it and then return it, claiming it was broken. This isn't a 'fault' per se, it is physical damage.

Apple's position is that it is user damage, the user is adamant that they did nothing to damage it and it was inherent. The only way I see out of this is a totally independent assessment of the damage.

To the OP, I have seen screens spontaneously crack when nobody was actually touching the laptop at the time; I have also seen screens being cracked by people opening and closing from the wrong place (including one that I did myself). I hope you get sorted.

Zinger549

IvanOpinion said:

I am not sure that is correct, Mal. The implication of what you say is that anybody could just drop something or deliberately break it and then return it, claiming it was broken. This isn't a 'fault' per se, it is physical damage.

Apple's position is that it is user damage, the user is adamant that they did nothing to damage it and it was inherent. The only way I see out of this is a totally independent assessment of the damage.

To the OP, I have seen screens spontaneously crack when nobody was actually touching the laptop at the time; I have also seen screens being cracked by people opening and closing from the wrong place (including one that I did myself). I hope you get sorted.

They have a habit of posting incorrect information. They've been told this many times but they don't seem to listen.

davidrob

I hear what you are saying Ivan.

The problem I foresee is that an independent assessment might be able to confirm damage - but how would it be able to determine when the damage was done?  Yes, it was my wife moving the screen that ultimately caused it to crack, but the impact that caused the damage that led to that moment, how can anyone prove that?

But because I've paid for it and Apple have my money, the onus seems to be on me to prove otherwise. And while an onlooker might say 'well, how do we know it wasn't you that damaged it', I know it wasn't, I am adamant that we did nothing wrong and the huge thread of 44 pages on the Apple community forums of similar issues leads me to believe that this isn't one I should give up on.

TELLIT01

Sandtree said:

davidrob said:

Is there anything I can do? I appreciate it's a bit of our word vs theirs, but this shouldn't happen with a 2 week old laptop. There's a 43 page thread on Apple's website with people having similar issues with this model of machine, the screen randomly breaking, but Apple won't accept it's an issue.

If they are saying the damage is caused by the user then you'll need to disprove this. 

Apple shipped 7m new computers in the first 3 months of this year and if there was a routine issue with the screens breaking with careful or even just normal use, you'd be finding hundreds of thousands of forum posts not just one or two. You seem to be alleging that there is a systemic design flaw rather than either accepting something did happen to your device and/or that your just unlucky and your device had a defect rather than it not being fit for purpose. I have the Pro rather than the Air and mine isn't carefully looked after as it commutes with me all over the world and yet screen is still in one piece.

As they are alleging you've miss-used it you need to disprove this, at least on the balance of probability, and this would normally be achieved by commissioning and engineers report to determine the cause of the break. The one time my iPad screen broke "spontaneously" someone eventually admitted to having dropped it just before and put it back without telling me.

The fault could be with a single batch of screens, it need not affect all laptops even those of the same model.  From what the OP has said there have been numerous complaints about screen problems on this particular model.  Are you suggesting that all the problems must be caused by hamfisted users and Apple never has a problem with a product?

the_lunatic_is_in_my_head

Mal is pretty much correct on this occasion:

https://www.legislation.gov.uk/ukpga/2015/15/contents/enacted

(14)For the purposes of subsections (3)(b) and (c) and (4), (repair/replacement, price reduction/final right to reject) 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.

Demonstrated otherwise doesn't mean the company can just say "yeah the customer broke it" otherwise the clause above would be worthless. It is for Apple to demonstrate otherwise, effectively on the balance of probability, that the goods did conform to the contract. How they do this for a broken screen I don't know but it isn't the consumer's problem to figure out.

I'm not a tech person, OP says the glass on the top is unbroken and the screen is damaged inside, anyone with actual knowledge on the subject able to say if such damage possible through user error? 

OP I would take it to an independent repair shop, pay for them to fix it and request Apple reimburse you. Your position would be they failed to repair or replace as requested within a reasonable time so you are exercising your right to a price reduction. 

They will probably disagree because it isn't on their script which means letter before action and small claims. I can't see Apple bothering to defend the claim so they should either fold or not appear. 

If the repair shop was able/willing to give you something in writing to state there was an issue with the screen all the better (and add any cost for this to the amount requested). 

Worth a note small claims should be about recovering your losses, I appreciate your frustration but it's best to keep the "principle" aspect out of the equation

Just to add in terms of language such as damaged, faulty, etc, the legislation is solely referring to goods not conforming to the contract. The OP's position is the screen was not durable (perhaps due to a manufacturing issue), Apple's position is the goods did conform but were damaged by excessive use, which is where we then get to the above.

davidrob

Thanks for the insightful post.

Independent repair shops are an option and can replace a screen for considerably cheaper than £429, which does make me question where they get this cost from. *However*, my understanding is that an independent fix would void the warranty of the entire machine. If it had been a year old I might have been able to cope what that, but it is currently 28 days old. 

IvanOpinion

the_lunatic_is_in_my_head said:

 Apple's position is the goods did conform but were damaged by excessive use, which is where we then get to the above.

If Apple's position was based on 'excessive' use I would agree, and it would be an open and shut case (or laptop in this instance). But according to the OP Apple's position is based on 'misuse', that is a totally different ball game.

It may still be up to Apple to prove 'misuse' and I am sure they will have plenty of research, videos and case histories to that effect backing them up. Could the OP possibly post a picture of their screen?

davidrob

Here is an image of the broken screen - as you can see there's a clear crack in the top quarter near the right hand side. 

There's no crack on the outside of the glass, if you run your finger over it, there's nothing to feel.  Implying that the damage is on the inside. The Apple engineer confirmed as much. 

The placement of the crack aligns with approximately where my wife's index and middle finger would have been on the back of the laptop lid as she tilted it, with her thumb resting on the top of the lid.  Suggesting that as she moved it, she would have applied pressure to the back of the lid which caused the screen to crack. However the pressure she applied would have been well within the use parameters of the laptop (she's 5ft 4 with tiny hands!).

My non technical assumption is that for some reason the glass on the inside is weaker than it should have been, either through a manufacturing defect or previous impact (although it's worth noting there is no sign of impact on the screen when off or on the back of the laptop casing - Apple themselves confirmed this). When my wife has moved the screen, that's the first time the laptop has had any sort of pressure applied at that exact point therefore causing it to crack.

If the machine had been 6 months old or greater, I could have understood that perhaps it had received a knock when being put in a bag or something rested on it. I'd still have questioned how it could break so easily (my 8 year old Macbook has had hundreds of knocks and continues to work perfectly), but I'd understand that perhaps we could have caused it. But it was 2 weeks old at the time, had never left my wife's desk, had barely been used (this was about the 3rd use of it) and had been treated like you would expect anyone to treat a £1000 purchase.  

Apple have spent 15 seconds deciding that we caused it and now refuse to look at it any further. Why is it up to me to prove that the glass was weak beforehand? Why is it up to me to prove that someone in the Apple store dropped the box as they were getting it ready for me to pickup?  Why it is up to me to prove there isn't some sort of manufacturing defect?  Of course Apple can't be bothered to do this - they have my money already.

pinkshoes

If it breaks that easily it is not fit for purpose. Very clearly a fault. 

I would get an independent report to show the fault was inherent and not caused by misuse, then make the retailer replace the unit as well as pay for the cost of the report.