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Apple Macbook Pro faulty and retailer refuses to replace/refund

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Hi,

I have bought a Macbook Pro 15 at the UK Apple Online Store in mid April for around £1500.

 

From the moment I first used it, when turned on, it made a slight clicking sound. I was told it is normal with high capacity HDD drives that came with the laptop.

 

On June 28 my Macbook froze with all my data and became unusable, so I called the Apple Care Warranty service, I was guided through several tests and the issue was diagnosed as a faulty HDD and was told that it will be replaced at the Apple retail store the following morning.

 

On June 29 I went to the Apple retail store (specifically to its Genius Bar, a quick service desk where technicians help customers solve problems with and on the spot fix/repair Apple products). Here I was told that I need to buy an external HDD, back up my data first and then follow instructions given.

 

On June 30 I went to buy an external HDD, backed up my data and followed the instructions, which were erasing the HDD and installing the system from a DVD that came with the laptop. The installation failed in the middle; repeatedly for 5 times. I the same DVD from the same laptop of a friend, it failed as well. I even tried to install the system on the external HDD, it failed as well in the same way. I called the Apple Care Warranty service, was guided through the same steps without result, so was told to go the retail store again.

 

On July 2 I went to the retail store, my laptop was taken away, and came with a new system installed. It worked.

 

On July 14 it stopped working again, another error, with data inaccessible, luckily I made a backup this time. I called the Apple Care Warranty service where I was told to install a new version of the system from my install DVD, which did not work as it did not before (see June 30), so was told to go to the retail store again.

 

On July 15 I went to the retail store, where the laptop was taken to away and brought back working again.

 

On July 17 it had a different appeared (I believe it is related to it). Applications did not run (such as MS Office, Safari, Utilities).

 

On July 18 I went the retail store and was told that the laptop would get replaced if it was not customised by me through the online store, but that it will be replaced by the Apple Online Store.

 

On July 19 I called the Apple Online Store to replace the laptop but was told that they will not do it, because according to UK law they have the right to repair it first, so I agreed to a repair.

 

On July 20 I was told that I will need to stay at one place from 9 am to 6 pm for the laptop to be picked up.

 

On July 29 I received it back with a replaced HDD. The same problem persisted. I called the Apple Care Warranty service asking for it to be replaced, but was told to go through the installation process again (even though I did it under its supervision several times before) and was told that they will need to do another repair. I asked for a replacement/refund but was told that they will not agree to do it. They said they will repair it again as they have the right to a "reasonable number" of repairs.

 

What I would like to know, I would be grateful if somebody could help me what my rights are:

 

1. Do I have a right to a refund?

2. Do I have a right to a replacement?

3. What is meant by reasonable number of repairs that Apple tells me it has to fix the issue?

4. What is meant by significant inconvenience that it caused to me in this case?

 

Please take into account that I spent hours on the phone, travelling and trying to solve the issue myself. I also needed to buy additional hardware to rescue my data.

 

Thanks,

jaro

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Hi ja

 

Welcome to CAG

 

The guys will be happy to advise as soon as they are available.

 

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Take the time to acquaint yourself with Part 5A of the Sale of Goods Act.

 

What it all boils down to is that the consumer has the right to request a replacement or a refund and the seller has the right to say "you must be joking", so long as their reasons are in line with the law, and the terms of the contract..

 

From there on, what is reasonable or significant is a question of fact, so the need is to negotiate.

 

Your argument is therefore valid, about the hours on the phone, travelling and trying, the additional hardware etcetera. It is not reasonable for the seller to take no notice, to carry on regardless. What this is about, basically, is a breach of contract, so your right is to sue for the damage, the cost of the consequence, if need be.

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Hi reb, thanks for the info!

 

Sorry I kept waiting for a response without seeing the the signatures posted below.

 

The signatures were very useful!

 

I will give an update once I get my problem solved.

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A hard drive making a clicking noise is not normal, it is usually a sign of failure, there is always some operational noise granted, but not persistent discernible clicking. To me it is no surprise that drive failed.

 

You bought it in April, presuming 2011, so that is within your six months from purchase, and under the Sale of Goods Act, the item is considered to be inherently faulty unless the retailer can prove otherwise...


The above post constitutes my personal opinion on the facts in the post compared with my personal knowledge of the applicable legislation. I make no guarantees of its legal accuracy. If you are in doubt seek advice of a legal professional specialising in the area concerned.

 

If my post has helped you please click my scales!

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Thanks! The hard drive was exchanged twice now, the clicking noise stayed. This makes me believe that it might be normal with high capacity drives; it is 750GB. Or that it really has something to do with a protective function.

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I've had hard drives that click.

 

It is alarming to behold, a worry, but they continue to perform.

 

Perhaps a disk defragmenting program would help. It seems to sort itself out eventually anyway.

 

PS.

 

An expert adviser tells me that the most common cause of a click is "when they park their heads", but all sort of causes may be to blame.

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