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turugara

macrumors regular
Original poster
Jan 18, 2009
146
0
Pennsylvania
Hey all, thanks so much for the advice.

1. I'm working on contacting customer relations. When I tried today they were closed. I'll try back when they are open again on Tuesday I think.

2. I didn't remove the SSD because I didn't even consider it as a problem. The only problem I had was that whenever I connected an external display, both of my screens would blank out. The apple store said it was a logic board issue and that he would send it in for that. I didn't consider taking out my Intel X25-M SSD.

3. I"ll call again and see where my SSD ended up and see if I can find someone different. Afterwards, if that doesn't work, I'll go to customer relations and I guess, file a complaint. There's not much else I can do. =(
I can guarantee you that they won't give me cash. They might trade me an apple SSD (Samsung I think), which is not comparable to the Intel one. SO at the end of the day, if I can't get the SSD back on Tuesday, I'm SOL and just chalk it up to bad luck and my mistake.
 

melman101

macrumors 68030
Sep 3, 2009
2,751
295
Hey all, thanks so much for the advice.

1. I'm working on contacting customer relations. When I tried today they were closed. I'll try back when they are open again on Tuesday I think.

2. I didn't remove the SSD because I didn't even consider it as a problem. The only problem I had was that whenever I connected an external display, both of my screens would blank out. The apple store said it was a logic board issue and that he would send it in for that. I didn't consider taking out my Intel X25-M SSD.

3. I"ll call again and see where my SSD ended up and see if I can find someone different. Afterwards, if that doesn't work, I'll go to customer relations and I guess, file a complaint. There's not much else I can do. =(
I can guarantee you that they won't give me cash. They might trade me an apple SSD (Samsung I think), which is not comparable to the Intel one. SO at the end of the day, if I can't get the SSD back on Tuesday, I'm SOL and just chalk it up to bad luck and my mistake.

Honestly, I would try e-mailing corporate with a lengthy description. Include all the information you have. File a complaint with the Better Business Bureau as well. Good luck and I hope you get this resolved.
 

NSK123

macrumors regular
Mar 29, 2008
216
0
Does it matter if it's policy or not?

Legally Apple Techs can't throw away other peoples property.

It would be like a mechanic stealing aftermarket parts off your car whenever it went for an oil change.
 

pdxflint

macrumors 68020
Aug 25, 2006
2,407
14
Oregon coast
That's why I deal with a third-party Apple certified service technician at a small, local Apple retailer/service center. I actually know the tech who diagnoses any problems, and he does the repairs. He installed my replacement HD, and told me if I had a future problem with my MBP he'd leave my HD alone (and RAM.) Eventually my dvd/cd drive failed, and he checked it out as I waited, acknowledged it was bad. He checked my Applecare contract, and just ordered the part from Apple. Two days later I dropped my laptop off for 30 minutes while he did the replacement. No charge. No paperwork. No problems.

Sometimes it's just better to deal with someone who is certified, knowledgable and NOT an Apple employee. Kind of like having your own representative, someone on my side who knows the ropes and all the Apple quirks, and how to cut through them. The last thing I want to do is send my laptop off to Apple when I've got someone local I trust who can basically do whatever is needed under my warranty.
 

kellen

macrumors 68020
Aug 11, 2006
2,387
68
Seattle, WA
Section 4 of the Apple Repair Terms and Conditions read....

Well their warranty doesn't cover the drive that he replaced. They have no right to replace it.

I am willing to bet that if this was just a 320GB HD that the OP upgraded himself and the HD was the problem, apple would have not done the upgrade and blamed it on his hard drive.

Everyone always says to exchange things out to normal when taking it in because they will refuse warranty work if its a non-apple product. Something doesn't add up.

I would have done what the OP did, especially if they diagnosed the problem as the graphics card / motherboard.
 

iLog.Genius

macrumors 601
Feb 24, 2009
4,921
474
Toronto, Ontario
Well their warranty doesn't cover the drive that he replaced. They have no right to replace it.

I am willing to bet that if this was just a 320GB HD that the OP upgraded himself and the HD was the problem, apple would have not done the upgrade and blamed it on his hard drive.

Everyone always says to exchange things out to normal when taking it in because they will refuse warranty work if its a non-apple product. Something doesn't add up.

I would have done what the OP did, especially if they diagnosed the problem as the graphics card / motherboard.

Not by what others have experienced. Even if it was a 320 or 500 GB HDD, Apple would've done the same thing. They would've taken out the upgraded HDD and replaced it with the stock HDD, it's normal Apple practice. Others have advised to keep the old stock parts EXACTLY for this reason not because Apple won't service it. Apple WILL service your computer but say goodbye to your upgraded part.
 

Davidkoh

macrumors 65816
Aug 2, 2008
1,060
19
Not by what others have experienced. Even if it was a 320 or 500 GB HDD, Apple would've done the same thing. They would've taken out the upgraded HDD and replaced it with the stock HDD, it's normal Apple practice. Others have advised to keep the old stock parts EXACTLY for this reason not because Apple won't service it. Apple WILL service your computer but say goodbye to your upgraded part.

And that is called stealing, unless they can provide a receipt that you sold it to them.
 

Umbongo

macrumors 601
Sep 14, 2006
4,934
55
England
...or provide some terms and conditions for warranty service that allow them to do the above?

They can't just write whatever they want in terms and conditions and have it be legal just because they had forethought to cover it and it most certainly isn't there so technicians can take expensive components for themselves, which could very well be the case as has been discussed previously.
 

All Taken

macrumors 6502a
Dec 28, 2009
780
1
UK
They can't just write whatever they want in terms and conditions and have it be legal just because they had forethought to cover it and it most certainly isn't there so technicians can take expensive components for themselves, which could very well be the case as has been discussed previously.

Calm yourself down and be a bit more factual... You made a rather silly claim:

"and it most certainly isn't there so technicians can take expensive components for themselves"

I can read, I read it and yes it's possible, however unlikely. (I would have thought with so many posts you would have learned to be a bit more tactful in discussions)

More to the point, do you not think Apple Inc has a legal team that checks the terms? Get real and don't flame me for adding a reasonable extension.

I do feel the terms are morally wrong but legally? Perhaps you know better than Apple and their legal team, if so I take it back.
 

All Taken

macrumors 6502a
Dec 28, 2009
780
1
UK
I'm lost where the confusion is. The terms and conditions seem pretty clear. It also seems that this isn't the first time Apple has done this.

Have you not seen? (see above) Apple are allowed to write whatever they like into the terms and conditions and they are magically made legal. :rolleyes:

Is it always like this? These forums are great for info but posting in them is a nightmare.
 

iLog.Genius

macrumors 601
Feb 24, 2009
4,921
474
Toronto, Ontario
I'm lost where the confusion is. The terms and conditions seem pretty clear. It also seems that this isn't the first time Apple has done this.

I'm with you on this one. We know Apple has done this many times which is why so many users come in here and inform us. Is it wrong? Absolutely. Somehow I think that people are more outraged because it is an Intel SSD? If it was a regular 500GB HDD, I don't think there would be so much noise regarding the issue. Again, never had to bring my computer for repair so I don't know what is on the paperwork. I have to also think that Apple knows better. I refuse to believe that whoever worked on the computer is smart enough that if they took the HDD the owner would know. But that's just me.

As good as Apple's CS is, ultimately OP is gonna be on the losing end. Apple will give OP probably anything but the SSD back.
 

Umbongo

macrumors 601
Sep 14, 2006
4,934
55
England
Calm yourself down and be a bit more factual... You made a rather silly claim:

"and it most certainly isn't there so technicians can take expensive components for themselves"

I can read, I read it and yes it's possible, however unlikely. (I would have thought with so many posts you would have learned to be a bit more tactful in discussions)

More to the point, do you not think Apple Inc has a legal team that checks the terms? Get real and don't flame me for adding a reasonable extension.

I do feel the terms are morally wrong but legally? Perhaps you know better than Apple and their legal team, if so I take it back.

I'm not sure how you misinterpreted my additional comments as some personal attack on you.

It is far from unknown for T&Cs to have things claiming stuff that isn't legal, moral or enforceable, regardless of the size of the company. Apple can say they can do what they want with what they receive for service, that doesn't mean it is actually lawful for them to do so or that it covers every situation the same.
 

upaymeifixit

macrumors 6502a
Feb 13, 2009
787
1
Again, never had to bring my computer for repair so I don't know what is on the paperwork.

The paperwork is online here: http://www.apple.com/legal/terms/repair/usretailrepairterms.html
And part of section 6 reads:

BEFORE YOU BRING IN YOUR PRODUCT FOR ANY
REPAIR SERVICE, YOU SHOULD MAKE A BACKUP COPY OF YOUR DATA AND REMOVE ANY
CONFIDENTIAL, PROPRIETARY OR PERSONAL INFORMATION AND REMOVABLE MEDIA SUCH AS FLOPPY
DISKS, CDS OR PC CARDS.


Where is section 4 it states it will take these parts. The first part of section 6 I don't completely understand. It reads:

6. TO THE MAXIMUM EXTENT PERMITTED BY LAW, APPLE AND ITS AFFILIATES, WILL UNDER NO
CIRCUMSTANCES BE LIABLE FOR ANY SPECIAL, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES
RESULTING FROM PERFORMANCE OF ANY REPAIR SERVICES, INCLUDING BUT NOT LIMITED TO LOSS OF
*everything from data to goodwill*


Does anybody know what that means?
 

screensaver400

macrumors 6502a
Jan 28, 2005
858
46
The paperwork is online here: http://www.apple.com/legal/terms/repair/usretailrepairterms.html
And part of section 6 reads:

BEFORE YOU BRING IN YOUR PRODUCT FOR ANY
REPAIR SERVICE, YOU SHOULD MAKE A BACKUP COPY OF YOUR DATA AND REMOVE ANY
CONFIDENTIAL, PROPRIETARY OR PERSONAL INFORMATION AND REMOVABLE MEDIA SUCH AS FLOPPY
DISKS, CDS OR PC CARDS.


Where is section 4 it states it will take these parts. The first part of section 6 I don't completely understand. It reads:

6. TO THE MAXIMUM EXTENT PERMITTED BY LAW, APPLE AND ITS AFFILIATES, WILL UNDER NO
CIRCUMSTANCES BE LIABLE FOR ANY SPECIAL, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES
RESULTING FROM PERFORMANCE OF ANY REPAIR SERVICES, INCLUDING BUT NOT LIMITED TO LOSS OF
*everything from data to goodwill*


Does anybody know what that means?

It means you can't sue Apple for anything bad that happens to you as avresult of a repair, to the maximum extent permitted by law.

So, they're not liable for data loss, much as Kodak isn't responsible for lost photos if their film was defective. However, when you have a car repaired, at least in California the shop is obligated to return to you any defective parts upon request.

If they gave you a whole new computer they wouldn't need to return the old one. But if they determined that specific parts were damaged beyond repair and decided to replace them, the law may require them to return the defective part upon request.

Also, while Apple may not be legally liable for certain damages, it may be in their interest to correct a situation like this in order to avoid bad press. If they refuse to buy you a new $250 SSD, and the bad press here or elsewhere causes them to sell one less laptop, they've lost money.
 

All Taken

macrumors 6502a
Dec 28, 2009
780
1
UK
I'm not sure how you misinterpreted my additional comments as some personal attack on you.

It is far from unknown for T&Cs to have things claiming stuff that isn't legal, moral or enforceable, regardless of the size of the company. Apple can say they can do what they want with what they receive for service, that doesn't mean it is actually lawful for them to do so or that it covers every situation the same.

Agreeing to those terms means that you accept them. Your post seemed quite obtuse, perhaps misinterpreted by myself.
 

parapup

macrumors 65816
Oct 31, 2006
1,291
49
I have had a similar experience with HP - I had a 7200RPM HDD taken away and replaced with a 4200 RPM HDD that shipped with the laptop originally - they kept saying the disk was faulty when I was 100% sure it wasn't - the laptop went for repair for a completely different issue. Never got it back.

I don't find it acceptable at all - they should use judgement instead of doing mindless replacements and should at least ask the owner what they wanted to do if the custom part was really at issue.

So to turn this around a bit - if suppose I bought a MBP from Apple with 256Gb SSD, which I removed and sold. I added a 5400RPM mechanical disk as a replacement. Then I had to send the MBP for a totally unrelated repair - would Apple think twice before replacing the mechanical disk with a 256Gb SSD?
 

scissorband

macrumors member
Jan 16, 2010
88
0
I have had a similar experience with HP - I had a 7200RPM HDD taken away and replaced with a 4200 RPM HDD that shipped with the laptop originally - they kept saying the disk was faulty when I was 100% sure it wasn't - the laptop went for repair for a completely different issue. Never got it back.

I don't find it acceptable at all - they should use judgement instead of doing mindless replacements and should at least ask the owner what they wanted to do if the custom part was really at issue.

So to turn this around a bit - if suppose I bought a MBP from Apple with 256Gb SSD, which I removed and sold. I added a 5400RPM mechanical disk as a replacement. Then I had to send the MBP for a totally unrelated repair - would Apple think twice before replacing the mechanical disk with a 256Gb SSD?

They are using judgment - the mindset of profit. While I can't speak for the company, I'm sure not all the sectors of it are bad, but there are some greedy people. While you hear of many complaints by customers who have had bad experiences with these people, you rarely ever hear from customers who were serviced by honest employees and had all of their custom parts returned and what needed repairing fixed. Even though the latter is ideally what we think it should be, that's not always the case.
 

nStyle

macrumors 65832
Dec 6, 2009
1,503
1,048
What were they thinking, you wouldn't realize your SSD is gone?? By all means this is completely unacceptable. And yeah they just threw it away, right ?!

I think many of you are missing the point. The techs that repair these things are different from the ones you talk to on the phone. The people repairing the parts don't give a **** what happens to you're computer. If they find something in it that isn't Apple-specific, of course they are going to take it, they don't care.

Also, it is unlikely Apple keeps up with what parts their tech's are using (such as the HDD used to replace OP's SSD). In this case, the tech could take anything he wanted and replace it with something else. This would only make sense, of course, if it was something better than the tech's supply of parts, which in this case it was.

Just so you know, DirecTV is the same way. Their service guys have access to as many parts as they need.

I can see where the OP might have been a little lazy in removing the SSD but honestly why would you send something that expensive that is non-Apple specific to Apple in order for your Apple computer to be repaired?

Microsoft asks the same thing: take out your HDD on your Xbox 360 before you send it in. This is for a reason.
 

winninganthem

macrumors 6502a
Jun 10, 2008
790
0
I put a 640GB drive in my MBP and then had problems with the webcam and battery so I sent it in for service. After 9 days I got the machine back and was happy to see that my modified parts were still there.

Before sending it in I asked the Genius if there would be any problems and he said that as long as I didn't break anything when I took apart my computer, then it would be okay. He also said that if my hard drive was the culprit of my issues, then the drive wasn't covered and I would need to deal with that on my own.

I think that the technician probably stole your x25 =\.
 

upaymeifixit

macrumors 6502a
Feb 13, 2009
787
1
It means you can't sue Apple for anything bad that happens to you as avresult of a repair, to the maximum extent permitted by law.

Thanks for clearing that up for me. Then what about the part that says:

If applicable law requires Apple to return a replaced part to you,
you agree to pay Apple the additional cost of the replacement item.


What is applicable law? While I feel for the OP, I do recognize that what they did is completely legal, and is a common thing manufactures do. Other than that piece of the T&C I quoted, it looks like they have every right to do this.

And for people who are asking about apple being able to come up with "their own laws", AKA: People who don't understand the law, yes they can. They can write in there that if your product is blue than you have to pay them $10000 to buy red glasses. (I know that doesn't make sense and is an extreme, it's just an example.) That's what T&C are.
 

blipper

macrumors regular
Mar 31, 2006
105
2
Baltimore, Maryland
Thanks for clearing that up for me. Then what about the part that says:

If applicable law requires Apple to return a replaced part to you,
you agree to pay Apple the additional cost of the replacement item.


What is applicable law? While I feel for the OP, I do recognize that what they did is completely legal, and is a common thing manufactures do. Other than that piece of the T&C I quoted, it looks like they have every right to do this.

And for people who are asking about apple being able to come up with "their own laws", AKA: People who don't understand the law, yes they can. They can write in there that if your product is blue than you have to pay them $10000 to buy red glasses. (I know that doesn't make sense and is an extreme, it's just an example.) That's what T&C are.

"Applicable law" would be the law in any locality having jurisdiction. The locality where the OP lives would almost certainly have jurisdiction. For example, the poster could live in a locality where repair facilities are prohibited from removing parts without paying for them. That would likely override any T&C that Apple had permitting them to do so. That's why the T&C quoted create a fallback position --- i.e., if they're not allowed to keep the replaced part, you have to pay them for the additional value of the replaced part.
 

steffi

macrumors 6502a
Jun 7, 2003
862
12
Whilst it's not help now I would never send my machine with SSD into Apple. I'd replace the drive with the original that came with the machine after refreshing it completely with a new install.

I'm not sure you'll get the resolution you're seeking but I don't agree with the policy.

I had an issue with the 9600m GT Graphics card a few weeks ago where the graphics card wouldn't display anything when plugged into an external monitor. The apple store checked it out and said the logic board was faulty and that it would need to be replaced under warranty. (Late 2008 15" macbook pro).

When I received the laptop back, they not only replaced the logic board, but they also replaced the SSD with a 250gb 5400rpm hard drive. I called in and, after being upgraded to the top level supervisor, he said that all of the hard drives being replaced were sent to be refurbished or recycled and that my hard drive had a fault in it so they replaced it. He says that they restore it to the apple original condition and originally they sold it with a 250gb hard drive in it so that's what they replaced it with. Their policy is that only if they replace aftermarket ram with apple ram will they return the aftermarket parts back to you. This repair was conducted yesterday, the 15th of January by apple Tech ID #612525.

I don't expect to get my data back, but if anyone has any idea on how I can get my hard drive back, I'd be willing to reward $100. A new Intel SSD X25-M G2 would be around 250 so I wouldn't want to do that.

I've been on the phone all day with the apple support so I am very frustrated right now. Anyone have any ideas?
 
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