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Hi

 

I'm currently in a back and forth with AppleCare regarding my Macbook Pro, which I purchased in from Apple's online store in 2012. I also purchased AppleCare for £279, which is due to expire in November. At that point, I'll have had the machine for three years.

 

I've had three repairs on the machine so far. I've had the screen replaced twice, within a couple of weeks of one another, and then the bottom case replaced (a screw hadn't been tightened properly and came loose, scratching the bottom case in transit).

 

I've been offered a fourth repair, after which Apple said they would seek to replace my laptop if the problem persisted. Given that I keep having issues with the screen, I requested a replacement rather than a fourth repair. My argument is that in the three years I've had the laptop, it has rarely worked the way I would've expected.

 

After doing some reading on Apple's own website about consumer law/SOGA, I decided to pursue that route instead, and request a replacement. Apple obliged, and have arranged an independent, Apple certified technician to have a look at the machine and decide whether the fault was caused by misuse.

 

From Apple.com

A consumer is also entitled to withdraw from the contract by returning the product in exchange for a full refund if the consumer rejects the goods within 30 days or if the product does not conform with the contract after one repair or replacement.

 

Since I've had three repairs, does this not mean that I have the right to withdraw from the contract? I don't want a full refund, though. I just want a replacement laptop.

 

I now want to know whether it will be feasible, if the results come back in my favour, for Apple to replace my MacBook rather than repair it again. I've had to go back and forth to the Apple store multiple times with this laptop, and as a result have spent almost a month without a machine, so I don't think it's unfair for me to say enough is enough. Where do I stand legally in this matter?

 

Any input or advice is appreciated.

 

Kind regards

Edited by diecianni
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If faults persist then you are normally entitled to a replacement. However, SOGA is pretty vague, as there is no definition as to what is reasonable in allowing a retailer to fix faults.

 

Apple could turn around and say that after thorough inspection, any faults can be fixed, so they won't offer a replacement. They may compensate you for any inconvenience caused and leave it that. You have had the Macbook for 3 years and have had good usage, even with the problems, therefore they would not consider replacement as being reasonable.

 

Apple are not known for the way they treat customers and i would be surprised if they supplied a replacement. Only if they found a fault which is a manufacturing issue which they could not fix, would they offer a replacement.

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I've just had an email back from the AppleCare senior advisor dealing with my case. I asked them if it would be possible for a replacement, rather than a repair, if the technician's verdict is in my favour.

 

Their reply was: "If the technician thinks that a consumer law claim is viable, your machine will be replaced". Now that I have that in writing, my question is: What constitutes a "viable" consumer law claim? The fault developed without any physical damage to the machine. This the second replacement screen installed by Apple at one of their stores.

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SOGA act would apply in regard to quality of the item, needs to be free from faults. If there are faulty parts and these will continue to affect your usage, then they would have to replace.

 

Many laptop manufacturers appear to use an inspection company in Germany. Your Macbook may be in Germany, hence the use of the phrase viable consumer law claim, as they deal with consumers laptops from all over Europe.

We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

 Have we helped you ...?         Please Donate button to the Consumer Action Group

 

If you want advice on your thread please PM me a link to your thread

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