Apple wont replace my iMac in warranty

[stroudsco]

Hi CAG,

 

Having been a regular reader and donator to CAG, I have received some great comments and advice over the past few years, I thought I would run this current problem past the team – it’s ‘Warning’ its long!

 

Having been in publishing for over 20 years, I have owned numerous Apple Macs, (maybe 10 plus) we have a couple at home as I still run a directory and put together a little digital magazine once a month.

 

I have brought machines directly, and at resellers, this one was purchased with a reseller - it was registered whilst I was in the shop with Apple, it also had a 32g ram upgrade at time of purchase, their tech team did this.

 

Spec: 27" Apple iMac, Late 2015, 5k Retina, 3.2ghz, 32GB Ram, 2GB Graphics, 1TB HD - Price was just under £2,000 - The purchase date was 05/12/2015.

 

Within 4 weeks I had a few problems, the machine was shutting down on its own, running slowly, freezing, in 20 years I have never seen this with any of my macs.

 

The iMac was brand new and had AppleCare warranty for a year and online / telephone tech support for 90 days, my first mistake was probably here, Macs don't usually have problems, that's why we pay such a huge price for them, this being one of the first times I had used Apple support with a problem, I found them delightful, knowledgeable and extremely helpful, after being passed to a senior tech / manager, we must have spent at least a couple of hours going through the problems, they even remotely accessed the machine, checking settings, installs, apps, running basic tests etc.

 

They then took a group of doc / log files to see what error and crash codes had been recorded, I was advised to do complete safe mode reinstall of the operating system, I was advised to do a safe mode complete install, this is not a two-minute job, I would say realistically it took a day to perform getting brand new installs of all software back on the machine.

 

Almost immediately after doing this I noticed there was no real change, I still had the same problems, the brand new highest spec mac was running at about the speed of a 5 year old mac mini, and was still shutting itself down, A call back to Apple resulted in me being asked to take it to the apple store (40 miles away) or a tech centre, I asked if the crash logs had brought up anything - they had not been reviewed yet, I decided to let them go through these and I would see how the machine preformed over the next few weeks, if I’m honest I couldn't afford the downtime with the machine gone.

 

A few months went by, I hadn't heard back from support however I ensured every crash log and restart error was sent to apple tech team (this comes up automatically after a total system crash, I was getting daily problems, graphics glitches, slow running, files not being able to be moved or deleted, I again went through to Apple, they didn't have a note of my crash system log files from previous so again we spent hours remotely going through files sending over all my error docs and crash files.

 

I mentioned sending over the crash errors after each machine failure, I was told these do not get recorded against the actual machine, they just go to the developers, luckily I had screen shots of errors, It was now I asked about getting the machine replaced as this had got out of hand with the time taken trying to sort these issues out.

 

I was told to that I could take it into the local repair centre (20 mile round trip) but he thought the errors could be down to the ram which was upgraded at the time of purchase, also a brand new operating system had just come out which corrected a lot of errors with these newer retina 5k iMacs.

 

Knowing the problems, I could face losing my machine, I decided to remove the upgraded ram and again did a complete clean install with the newly released operating system, a day later and still the same problems!

 

The Mac still worked albeit slow and had graphics and system crash problems, but more pressing issues cropped up (as I have discussed in other CAG posts)

 

So now with a few months left on the AppleCare one year warranty, things had to get fixed, so I called Apple, connected to a manager who said he had all the information on these problems, I was asked to do a clean install with another brand new released operating system, (so I did) a few days later I went back with same problems asking for replacement as I have just over a month on warranty and had spent at least 5 days (remotely) and 10 months working with them to fix this machine.

 

I was told now I have to go back to the reseller for a replacement, I explained I have dealt with them from the start with the 90 day tech support and AppleCare warranty, till now I had never been asked to go back to point of sale, Anyway I did and they are not in business, back to Apple, now they wouldn’t replace as it was 10 months old, I pointed out that consumer law says if the default is within the first 6 months then I should be offered a replacement, I reported this within 4 weeks, which he acknowledged, then again after 5 months which was acknowledged now surely I should be able to get a replacement, I had followed their requirements to the letter even though the inconvenience to me was enormous, I had documented errors, screen grabs and even a video which showed the machine frozen, now explaining I couldn’t be without the machine for days I felt a repair was not an option, I was advised that I had just 3 options, 1: Take it into an Apple Store (40 miles) for testing or 2: Take to a local Apple repair centre (20 miles) or try and make a claim using consumer law against Apple.

 

I’m now not Happy! Before taking it to the repair centre I made sure I confirmed that the maximum the machine would be away was 3 days, that if the machine couldn't be fixed it would be replaced, he said if that was the case then this would be their only option, which still didn't really confirm things but I did a complete backup as advised (6 hours) in the morning I took the iMac to the Apple repair centre.

 

That evening, I had a call from the repair centre saying it had passed all tests and was fine, I said it wasn't and asked them to check the crash files, I also mentioned had a folder with screen shots showing actual errors and I had a video showing a real-time system crash, I was asked to send the video, they would do lower level intensive testing, they mentioned due to privacy, they couldn’t access the error logs on the machine.

 

2 days later, they still couldn’t find an error but did receive the video and saw the pictures, they said it didn't look like a software error but a hardware issue, maybe the video card, logic board or hard drive, they then mentioned the reason it ran slow is because the hard drive supplied runs extremely slowly and not the speed of the processor and logic board!!!! therefore the machine can never run at it full potential anyway, so my investment at purchase of an extra £500 plus to buy a ram upgrade probably did nothing because the supplied hard drive isn't fast enough to run the machine at full speed anyway, which is why Apple brought out the fusion drives with the later models! Great to know now.

 

Spoke to Apple and said their repair centre can't find a fault, the option from the repair centre was to just leave it with them ongoing, I couldn’t do that as I need this machine to operate day to day as well as work requirements, I was told that only thing I could do is leave it with the repair centre, or if I went to collect it (20 miles) and brought it home they would remotely come in and see directly what the problem could be??!!!

 

I explained twice they had done this, I had spent at least a day or two each time, they replied firstly no files would be kept of the old logs and if they were available it was to old and a different operating system, I said the inconvenience this matter was causing was unacceptable not to mention the cost of days not working and driving miles to fix a £2000 machine that wasn't fit for purpose from the start.

 

I was advised either collect the machine and go through this process or take the matter legal, they would not replace the machine even though the fault had been proven by video, screen shots and error logs.

 

Absolutely furious I left to collect the Mac, arrived at the repair centre and was informed that they believed the problem to be the HD or graphics card, advised Apple will not allow a repair unless a documented failure happens with them, they had done all they could and asked for a diagnostic fee of £60! - I had two problems now 1) Forgot my wallet, 2) Wouldn't have probably paid it if I had it with me... They wouldn't release the machine without payment, I told them Apple asked me to come and get it... long, short, came home without it!!!

 

Got home steaming, phoned Apple they said if I pay and collect it, I can make a possible claim under my warranty - this would be the only way to proceed now, I explained everything from the start, the time I had taken dealing with this, also spending 5 days+ with online support, wiping the machine 3 times, reinstalling, driving the mac to their repair centre twice who admitted there is evidence of errors but they can't recreate.

 

Now I am being asked to do a remote log download which has been done twice before, and finally they wont release my machine without me paying a charge.

 

I asked if they would replace or not, they said no, Apple wouldn't offer a replacement without a repair.

 

My only option now was a legal route... but

 

4 hours later I had a call saying they would waived the charge if I pickup the machine and proceed to the next stage which is remote download and inspection of logs (done twice before) I said No, it take a lot of time to do this and I have spent to long already and also this has been done twice anyway.

 

An hour later I was now asked if I would leave it with their repair centre for another 4 days which takes us to Monday 7th November, the AppleCare manager was going to be off until Saturday so he would catch up with the repair centre Monday and call me Saturday, I agreed.

 

I did get a call from the repair centre who advised of some errors, it isn't software and they think it's 90% HD or Graphics but he said Apple will not repair until 100% confirmed and they couldn't do that, he would report this onto Apple on Monday,

 

I then spoke to the manager at Apple on Saturday and explained, he had also spoken with the tech team and they thought it could be Logic board, he discussed speaking with the repair guys Monday, they may look to replace one part at a time and see if that fixes things.

 

I am now only 20 days inside my brand new machine warranty, if they replace a part at a time this could take months and create endless problems and will put me out of warranty, I shouldn't have to go through this surely, I have never ever had or seen this sort of treatment with customers with an expensive item that’s in warranty!!!

 

Sorry for the long story on my Apple woes, I still love the products, I have had just one bad apple and can't do anything about it!

 

I want a replacement, do I go legal, I am 90% certain they will not replace later today and will be out of warranty soon.

 

Thanks

[dx100uk]

surely as long as you report the issues within the warranty priod

then theres no time issue

 

you also have CRA on your side

 

a warranty is in ADDITION to your statutory rights under SOGA which is now CRA.

for want of reference , if the faults occurred outside of 6mts of purchase, then they are entitled to make you do an external report to support your clai, but those costs should also be refunded upon settlement.

 

sadly outside of 6mts, its their choice of replacement/repair/refund

 

dx

[stroudsco]

Hi Dx,

 

Thanks for your reply, does the following not apply?

 

(a)repair or, as the case may be, replace the goods within a reasonable time but without causing significant inconvenience to the buyer;

 

What is considered reasonable? if I lose the machine for another week I will be stuffed with work.

 

Cheers

[BazzaS]

Hi Dx,

 

Thanks for your reply, does the following not apply?

 

(a)repair or, as the case may be, replace the goods within a reasonable time but without causing significant inconvenience to the buyer;

 

What is considered reasonable? if I lose the machine for another week I will be stuffed with work.

 

Cheers

 

They normally only supply loan machines to 'joint venture' customers.

Could you make the case for a loan machine in these circumstances (focusing on 'significant inconvenience') given all that has gone before?

[BankFodder]

It is very nice to have someone who posts a full account of their position because we have too many people who present us with very sketchy details and then we have to waste a lot of time asking questions which, to us at least, are quite obvious.

 

I hope you won't take offence if I say that the fullness of your post acts as a hindrance rather than an aid to people trying to help you. You have provided a huge amount of information but I'm afraid to say that a lot of it – maybe most of it – is scarcely relevant to your legal situation. Furthermore, there is relevant information which seems to be missing from your post – or at least if it is there, then there is so much material that I, at any rate, can't find it.

I've tried to distil your post into the parts which are relevant to us. I should say that this itself is taken a lot of work and because we are a volunteer forum, it would be more helpful if you would simply stick to the facts in future.

 

• I bought an Apple Mac computer from an Apple reseller for £2000 in December 2015
  
• The computer was accompanied by the AppleCare one year warranty and online telephone support for 90 days
  
• Within four weeks it started to develop problems
  
• I contacted AppleCare support resulted in suggestions to reinstall software
  
• I was then asked to return the computer to an Apple Store 40 miles away and to supply them with error logs.
  
• I supplied them with the error logs but I couldn’t let the machine go because I needed it too much for work.
  
• It turns out that the logs are simply sent out to the developers for general analysis but have nothing to do with discovering the fault on any particular machine.
  
• I eventually leave the machine with the repair centre..
  
• Since then, I have spent more time on the telephone, doing further reinstalls. Now Apple say that the fault is probably a hardware fault. However, they said that as the diagnosis was not 100% certain, Apple would not authorise a warranty repair. The repair centre demanded a fee of £60 for the diagnosis.
  
• I’m now in a position where the nature of the fault is not at all clear. However, I have since had a phone call saying that they would waive the fee as long as I would collect the machine and carry out further software reinstalls.
  
• The reseller is now no longer in business
  

Maybe you can have a look at my summary of your story and tell me if you think that there is anything particularly that I have missed out.

 

Here are some questions I have and which you don't seem to have dealt with in your very long story.

 

Does the AppleCare warranty come free of charge as part of the package? Or did you pay extra for it – in other words was it an extended warranty?

It's not clear to me when you actually took the computer back to them. You talk about the repair centre being 40 miles away. Was it at that point that you decided to take the computer back? Or did you take it back later?

 

Of course, the real shame here is that the fault appeared within your first four weeks of ownership and at that point you could have taken advantage of the Consumer Rights Act 2015 short-term right to reject which would have allowed you to demand a repair or replacement immediately with no choice on the reseller to attempt any repairs.

 

You have now also gone beyond the six-month period under the Consumer Rights Act which gave you the long term right to reject which means that the reseller must be granted an opportunity to repair, failing which they will have no alternative but to provide you with a refund or a replacement.

 

Unfortunately, you really haven't dealt with this effectively in a way you benefit from all of your rights under the new consumer legislation. You can read a bit about this in our new Consumer Survival Handbook if you want.

 

Your rights of course are with the people who sold you the computer. You say that they have gone out of business. It is possible that your rights have become extinguished is exactly the same time. We have to understand more about the AppleCare warranty. I suppose that this is effectively a contract directly with Apple and if this is correct, then you are probably in luck because this means you have somebody to sue. Without that, you might actually find yourself without any remedy.

[ThedaBara]

I saw something in the Sunday Times yesterday saying that there was a little-known regulation within the Consumer Rights Act 2015, relating to electrical goods which allows a free repair within a 6 year period. The article was related to a 3 year old iPhone which had developed a hardware fault. It was stated that under this legislation, customers in England & Wales have up to 6 years to make a claim for faulty goods, (5 years in Scotland).

See also; https://www.theguardian.com/money/2006/mar/25/consumernews.howtocomplain?CMP=share_btn_tw

 

TB

[BankFodder]

I'm not aware of this regulation which you seem to be saying applies to uniquely electrical goods. Maybe you could identify and come back here.

 

In terms of the Guardian article dated 2006, I'm afraid that this is very old news. I'm quite sure that the whole business of offering 12 month guarantees was dreams up many years ago – probably in the 1950s and 1960s to try and divert ordinary consumers from understanding their statutory rights.

 

Frankly I think that 12 month guarantees or any reseller guarantees should be abolished because they are misleading and are effectively granting duplicate rights which is unlawful anyway. If a reseller wants to offer an additional guarantee then they should only be allowed to offer those aspects which are over and above the statutory warranty granted under current consumer legislation.

 

Modern consumer protection is really not bad. The real advantage of the recent 2015 act is to make certain remedies very clear – the short term and the long term rights to reject. Of course, you can only do so much. If you provide the remedy and the consumer simply won't use it, then you can take a horse to water…

[ThedaBara]

It was a very brief letter in the Money section of yesterday's Sunday Times... it didn't go into any detail, save to say that the six year warranty was a little-known regulation within the Consumer Rights Act 2015... I hope someone else can find out more. My iPad died on me just after the guaranntee ended & these items are not cheap. TB

 

Looking at this, it would seem to refer to the time limit to take the matter to court, rather than an actual warranty... The Times has been known to make mistakes... TB

http://www.which.co.uk/consumer-rights/regulation/consumer-rights-act

 

This is what the letter said, under the heading "A WARRANTY FREE FOR ALL";

 

I read the excellent article regarding electrical products with interest ("Help! My gadgets are attacking me", last week), but was surprised the "six year warranty" was not mentioned. This is a little-known regulation within the Consumer Rights act 2015.

I am claiming a free repair from Apple under this legislation for my three-year-old iPhone, which has developed a fault.

(Customers in England, Wales and Northern Ireland have six years to make a claim for a falty item, those in Scotland five years). LA, Welton, Lincs.

 

Hang on... what's this?!

 

http://www.apple.com/uk/legal/statutory-warranty/

[BankFodder]

This is what the letter said, under the heading "A WARRANTY FREE FOR ALL";

 

I read the excellent article regarding electrical products with interest ("Help! My gadgets are attacking me", last week), but was surprised the "six year warranty" was not mentioned. This is a little-known regulation within the Consumer Rights act 2015.

.

 

There is no such rule under consumer legislation. It simply referring to a very well known rule which exists in the Limitation Act

[stroudsco]

Hi Bankfodder,

 

Firstly, sorry, the story is quite long, no offence taken at all and hopefully some quick replies to your questions:

 

1) AppleCare 1 year warranty is supplied with all new iMac’s – I am currently able to take an extended AppleCare protection plan for £159 which would extend my warranty for 12 months when the current first year ends on 5th December.

2) You get an additional service which is online / telephone support for the first 3 months, this is what I discussed where they ‘remotely accessed my machine’ – I didn’t take to an actual repair centre until the week before last.

 

@ThedaBara

 

I have already brought the 6 year warranty matter up with Apple as I read this on their website (http://www.apple.com/uk/legal/statutory-warranty/), it also clearly states repair or replacement under the Apple One – Year Limited Warranty.

 

They said under law they have other other options, and can opt to repair first, I mentioned they can’t find the actual problem therefore can’t repair and we they have had the iMac nearly 10 days.

 

@bazza – they won’t offer a loan machine, to be honest it would take a day plus setting a loan machine up, I won’t create a long explanation but the software I use online requires direct registration with my computer.

[BankFodder]

You said in your opening post that you had AppleCare protection. You are saying now that you didn't have it. Is that correct?

 

The problem here is, finding a basis for suing Apple directly. Because you were a customer of the reseller – which has now gone out of business, in principle Apple has no liability.

 

However, I'm intrigued by this

 

3. Consumers who purchased Apple-branded or non-Apple-branded products at an Apple Retail Store or the Apple Online Store may be able to claim against Apple. Apple contact details are available here.

 

http://www.apple.com/uk/legal/statutory-warranty/

[stroudsco]

You said in your opening post that you had AppleCare protection. You are saying now that you didn't have it. Is that correct?

 

I stand corrected - I have the normal one years manufacturers warranty that comes with all brand new iMac computers, they also come with 90 days direct telephone tech support, I believed the AppleCare protection was an extended warranty which took over from the normal 1 years manufacturers warranty, I may be wrong and will check now, either way I had the normal one supplied with all new machines.

[stroudsco]

This is the text under the support section of my serial code, just to confirm this is also what my current manufacturers 1 year warranty states, therefore my understanding is that this extends on from your manufacturers warranty - it also states I have until the 4th December apply, which is when my first year runs out.

 

AppleCare Protection Plan for Mac

The AppleCare Protection Plan for Mac provides up to three years of expert telephone technical support and additional hardware service options from Apple.1

 

When you purchase the AppleCare Protection Plan, just one phone call2 can help answer questions about your Mac, macOS and Apple-branded applications such as Photos, iMovie, GarageBand, Pages, Numbers, Keynote and more. In addition, you’ll get 24/7 priority access to Apple experts via chat or phone through getsupport.apple.com. You can even get local repair service when you visit other countries around the world.

 

AppleCare Protection Plan benefits are in addition to a consumer’s right to a free-of-charge repair or replacement, by the seller, of goods which do not conform with the contract of sale. Under English law, consumers have up to six years from the date of delivery to exercise their rights; however, various factors may impact your eligibility to receive these remedies. For more details, click here.

[stroudsco]

You said in your opening post that you had AppleCare protection. You are saying now that you didn't have it. Is that correct?

 

The problem here is, finding a basis for suing Apple directly. Because you were a customer of the reseller – which has now gone out of business, in principle Apple has no liability.

 

However, I'm intrigued by this

 

 

 

http://www.apple.com/uk/legal/statutory-warranty/

 

This is my point with them, they promote the fact they offer a direct support service, and under their summary of laws it clearly states:

 

Apple One-Year Limited Warranty

 

Claim Period - 1 year from date of purchase

 

Cost of coverage - included, no additional cost

 

How to Claim - Call Apple Support, Visit Apple Store, Visit Apple Authorised Service provider

 

Included Repair or Replacement - Carry in or postal service

 

Repair or replacement outside country of purchase - Yes

 

Tech Support - 90 days from date of service

 

The difference with extended is just: up to three years.

 

Am I missing something, i'm so confused, I have done everything above and paid £2000 for a machine which is in warranty.

[BankFodder]

It seems to me that you have a direct right of action against Apple under their one-year limited warranty - http://www.apple.com/uk/legal/warranty/products/uk-ireland-universal-warranty.html

 

They say specifically that "they warrant…" And I think this gives you your right of action.

 

Once again, it's a great shame that you didn't simply invoke your consumer rights at the time that you had them. There is no point in granting rights of people won't take them up.

 

I think that you simply engage with Apple now and invoke the pre-action protocol and then begin a legal action.

 

It's clear that they have acknowledged that there is a fault with the machine. Furthermore, it is clear that they are unable to find out what it is. I suppose that they will respond to you with a requirement that you give them an opportunity to repair it. I think that they have had more than enough chance. The only thing is that they may want to make a deduction for the time that you have had with it already. Because you have gone beyond your six months of ownership then they will be entitled to do that. That would typically be a percentage of the total expected life of the machine – but expressed in money. So, if the life of the machine is five years and you have had 10% of the use of it then you will be entitled to a refund less 10% of the purchase price. However, I would go ahead and claim for a complete replacement and let them argue that technicality.

 

It is now up to you to decide whether or not you want to take the legal action. You need to decide this and you need to understand the steps. There is lots written about it on this forum or alternatively if you want it in one concise place you can buy our Consumer Survival Handbook. Be sure that you know broadly the steps that you will need to take before you start threatening the action and be certain in yourself that this is the route that you want to take. There is no point in bluffing these people. If they call your bluff – as they probably will, then you will simply lose credibility.

 

If you want to go ahead with this, then we will help you. Send them an 14 day letter before action, outlining the problems that you have experience so far and the steps that they have taken to remedy and their failures. Keep it short and fairly bullet pointed. Don't go on and on the way you did with us in your first post.

 

Make sure you have done some preparatory reading. Open an account with MoneyClaim and you can start preparing your claim there. You can save it down and you don't need to send it off straight away but at least you can get yourself into the mindset. In the MoneyClaim particulars of claim section, you can say what your claim is about very briefly and then indicate by ticking the checkbox that you will send a more detailed particulars of claim later on.

 

Once the claim is issued then you have a week or two – I can't remember – to send off a full particulars of claim and it will be a good idea if you do a draft of this well in advance so that you are not leaving stuff to the last moment.

 

Let us know what you want to do

[stroudsco]

Thanks for this, I appreciate your time and advice.

 

I will see what Apple say today with regards to our discussion and give them a final chance to replace.

 

I will revert later with outcome.

 

Again thanks

[BankFodder]

I suggest that when you contact them now, you tell them that you will be starting a legal action. You may as well lay on the line. I think that you have put up with more than enough prevarication from Apple. I'm so pleased that I have a PC

[stroudsco]

Hi Chaps,

 

Sorry it's taken so long to update, the drama continued until yesterday, I did as suggested, as I also thought this was the way to go, I am trying to keep this as short as possible but don't want to leave anything out, so here are the points over the last 4 weeks:

 

7th November

 

I advised senior manager at Apple (with authority to agree replacement) that they either replace iMac or I will take action based on the points discussed above, they advised that they have the right to try and fix it first and that I wouldn't be successful trying legal route, I advised them of the "Apple One (1) Year Limited Warranty – (UK and Ireland)" as pointed out above by BankFodder.

 

2 Hours later they called me, the Apple manager advised the time it could take with legal action they suggested giving them one chance to see if the iMac could be fixed, if they couldn't fix it they would replace, after agreeing with an approx time scale of 2-4 days to diagnose and repair without cost I agreed, I was advised to take it to an Apple repair centre 15 miles from home, I took it that day.

 

I set a folder on the desktop with screen shots and videos of the errors / crashes and shutdowns.

 

9th November

 

I called and spoke to the technician working on my iMac, he said they couldn't find any errors, he did agree based on the system logs, which show system errors, and the evidence and videos that there certainly was a problem, he then advised Apple would not authorise a repair without them seeing the problem, they obviously can't use the machine like it would be used day to day, they can only run a series of tests.

 

2 days later - same as above, I spoke to Apple and asked what's next, they advised no repair can be done without finding the problem ( I can see their point ) after another long conversation it was discussed that if I leave it with the Apple repair centre for 4 more days and if they couldn't find the problem they would look to replace.

 

Week later - same as above, the Apple repair centre thinks it could be hard drive or graphics, Apple think Motherboard, the repair centre advise they cannot repair with problem showing, I called Apple support manager - he has asked me to collect the iMac from repair centre so he can remotely log in and grab all the error logs to proceed with possible replacement, I ask him to do it with the repair centre, advised they cannot due to data protection - I have said its a 30 mile round journey and wanted to confirm if the logs show errors will they replace - he confirmed that's what they need to proceed with replacement.

 

I drive to repair centre to pick up iMac, I advise them that Apple support have asked I retrieve so they can remotely download logs, the repair centre then ask for a diagnostic fee (I think it was £75, I was so furious, I can't remember exactly) I didn't have my wallet, couldn't pay, therefore they wouldn't release iMac.

 

Got home and called Apple Support, I advised that they asked me to take it to their centre and it would be 4 days max, now 10 days and they can't find the fault but I have supplied clear evidence of problems, they also won't release my iMac, I wasn't advised about any charge by anyone, I ended the call advising immediate legal action.

 

30 mins later a call from the senior manager at Apple support who confirmed the charge had been waived, could I do the 30 mile trip again, I said no, a long conversation ended with them advising that they cant replace the iMac until a repair had been done, they then said they would replace both the motherboard, processor, graphics - as this has been found to be a problem on late 2015 retina iMacs like mine, it was also agreed that if this fix wasn't successful - they would replace and that was confirmed.

 

3 days later I had the machine back without charge all repairs done, on the same day the machine crashed and ran slow, I had errors with graphics and wireless, for the past 5 days I have recorded these again with video, screen shots and log reports which show the machine having system errors every 5 mins.

 

I called the same senior manager and explained, he said that the machine should be replaced, however it will have to processed as a consumer rights claim, he sent a an upload ink and asked for evidence showing all errors both as video and crash logs for another 3 days I documented extensive evidence, with videos showing a single program taking 2.5 mins to open which should take a few seconds - I was then asked for proof of purchase, I sent the invoice for nearly £1800 - it was brought from an Apple reseller.

 

Yesterday I was told they can't replace iMac as it wasn't brought directly from Apple, the manager apologised for not mentioning this sooner and apologised for agreeing to a replacement and not being able do this!!

 

He advised they would still look to have it in for repair whilst in warranty, I said they had it in for 2 weeks and couldn't figure it out! he asked me to let them know if he should book it in for repair again, he is off until Monday, The One Year Apple warranty ends Monday 5th December!

 

Unbelievable! Sorry for the long post.

 

Thoughts ?

[stroudsco]

Hi,

 

Looking at the link

( http://www.apple.com/uk/legal/warranty/products/uk-ireland-universal-warranty.html )

- under 'WHAT IS COVERED BY THIS WARRANTY?'

it does state

'In the event of any defect in materials and workmanship, you will be able to direct your claims to Apple even in situations where you purchased the Apple Product from a third party.'

 

Also I noted the following under

'WHAT WILL APPLE DO IN THE EVENT OF A WARRANTY CLAIM?' the following

 

 

'A replacement part or product or a repaired Apple Product assumes the remaining warranty of the original Apple Product or ninety (90) days from the date of replacement or repair, whichever provides longer coverage for you.'

 

 

this implies an additional 90 days as the repair was only 2 weeks ago, however they would probably say it covers the parts not the machine.

 

Either way it seems clear that the iMac should be covered.

[BankFodder]

I think that you should stop mucking around now and send them the glad tidings. 14 days. You could sue Apple and the seller jointly.

 

As far as they're people offering you legal advice, they're not qualified to do it and they're scarcely independent, are they?

 

Get it sorted out straightaway. 14 days and then issue the claim. It will land on their desks right about Christmas and you never know, in the disarray they may even not deal with it and you can put in for a default judgement.

 

Frankly on the basis of what you say in respect of their attitude, they don't believe that you will issue a claim. Once they get the court papers the chances are that they will put their hands up and you get your court fees as well. Make sure you factor in all of the expenses that you have been to running around the country and also any phone calls et cetera.

[stroudsco]

Hi BankFodder,

 

I agree, I called and let them know - they asked for a few days. I said no, they asked if I was going to claim under the consumer rights act, but I think the Apple 1 year warranty on the link above would be the better option, I have extended apple care today for 2 years, but reckon thats different coverage to the Apple 1 year warranty on the link you found, my one year ends Monday 5th Dec, should I advise them by mail that this is the intended ongoing route, they have said the dates don't matter as this is still attached to the complaint which was started in November.

 

Thanks for the link to the form finder, I will download and go through them to see what I need to fill out and do next.

 

Finally, thanks again to the CAG team, I will as before send a thank you donation, do I need to make them aware today in writing based on the first year's warranty ending Monday 5th or are they correct in saying the case has been open with them since November?

 

Dave

[BankFodder]

Sue them as joint defendants – sue Apple under the warranty and the suppliers under the Consumer Rights Act.

 

The more people you involve, the more you will stir it up, the more they will get into conflict with each other, the more mayhem and the quicker they will want to sort it out properly.

[stroudsco]

Hi,

 

Just an update,

after a year of hassle,

8 months of warranty problems

and 2 months trying to get a replacement..

.. on Friday a new iMac finally replaced my problamatic one,

 

 

I wanted to run it a few days before posting anything,

I can report with all the software now running on the new machine,

 

 

I have had no problems at all.

 

 

even though the new machine is the same spec

- it runs three times quicker at least,

we still didn't get to the actual problem of the old iMac,

nearly everything was replaced under warranty in the end but still it crashed constantly.

 

I can't say I'm happy as I have lost 100's of hours over the year but onwards and upwards.

 

To anyone else having these problems in the first year of ownership:

 

1) If in the first 14 days, do not accept online support asking requesting a reinstall and test for a few days - JUST replace or get your money back.

 

2) After 14 days Apple will not do anything until they have the option to repair, which can mean leaving your machine with them for weeks to fault find.

 

3) Do not take your Mac to a Apple recommended repair centre until they agree to NOT TO CHARGE for fault finding (even under warranty), Apple stores won't charge.

 

4) When looking for a replacement,

The Apple team will look to set up a claim,

they will push you towards consumer credit act

but it seems their own limited Apple warranty as linked above provides the consumer more rights, especially if not brought directly from an Apple Store.

 

Whatever way you look at this,

I have never had so much trouble trying to get a replacement for a product which clearly didn't work as it should and was within warranty, which also cost a small fortune.

 

Thanks as always.

 

Dave