Apple and the Sale of Goods Act of 1979 (UK)

Discussion in 'iMac' started by willcodejavafor, Sep 14, 2009.

  1. willcodejavafor macrumors regular

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    Dec 4, 2007
    #1
    On the 7th of August when I turned on my 24" iMac (bought April 2008) the top half of the screen just went really dark. I brought it to a repair centre which said that the back lighting was dead and the whole monitor needed replacing for £1000.

    I'm gearing up to take the poor thing back to the Apple Store where I bought it (Regent Street) and say that the quality of the product is not up to expectations. I'd expect a monitor to last longer than 18 months. Hopefully they will repair or replace it for me.

    Anyone tried the the Sale of Goods Act on Apple?
     
  2. GoCubsGo macrumors Nehalem

    GoCubsGo

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    #2
  3. stridemat Moderator

    stridemat

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    #3
    It may be worth a shot, I think your case can find merit in some of the above points. Just don't go in with all guns blazing as I know that from working with customers, if they go in guns blazing then I tend not to help them!!!
     
  4. Scarlet Fever macrumors 68040

    Scarlet Fever

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    #4
    The iMac came with a one year warranty. You had the option of buying the extended warranty, which would have covered this problem. To take the issue any other way would be an uphill battle.

    Out of interest, which part of the Sale of Goods Act do you think could be applied here? eh, too late. From the above statement, it looks like the only way to make your point is to prove the iMac was faulty at the time of sale, which it obviously wasn't.
     
  5. OllyW Moderator

    OllyW

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    #5
    I was just reading this on the BBC News site.

    You may be covered but I doubt it will be easy. You might need to use the Small Claims Court if they refuse to help you.
     
  6. GoCubsGo macrumors Nehalem

    GoCubsGo

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    #6
    Are you sure you know what the Sale of Goods Act entails? Technically, he may have a case.

    Edit:
    Some thoughts ... if Apple will sell you a 2-year extension to their warranty implying their products should last at least 3 years then ...
     
  7. stridemat Moderator

    stridemat

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    #7
    The Government says that good have to be of satisfactory quality for the period of 6 years, so I would say you have a case.

    Just remember be 'nice' about it!
     
  8. willcodejavafor thread starter macrumors regular

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    #8
    Thanks for the advice folks. I'm always nice :)

    My case (for those who asked) is that you can expect a product to uphold a certain quality and durability. This is done on a case by case basis depending on the price and also make of a product. I think Apple wants to be a company associated with high quality :)
     
  9. RobMoss macrumors regular

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    Jul 23, 2009
    #9
    OP, assuming the fault is nothing to do with your treatment of the iMac, then under the Act, you should be entitled to free repairs. They won't be under any obligation to replace it, refund you, or anything other than do what they see fit to get you a working unit.

    However, you're right, just over a year is wayy too short a lifespan for a computer as expensive as an iMac, so you should get a result. Good luck!
     
  10. J&JPolangin macrumors 68030

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    #10
    ...please update this as you progress, I'd be interested to see how it turns out for you...
     
  11. TheBritishBloke macrumors 68030

    TheBritishBloke

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    #11
    If you do well in this, and people begin to do it for all their problems with Apple, we're going to get screwed with pricing even more than we are right now.

    Good luck, but it could make things worse for everyone.
     
  12. stridemat Moderator

    stridemat

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    #12
    Shouldn't apple make products that last longer than 18 months anyway, if you pay £1000 for a mac you expect it to last a dang site longer than that.
     
  13. OllyW Moderator

    OllyW

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    #13
    I doubt if it will be the first time anyone has claimed off Apple under the Sales of Goods Act and it won't be the last, no matter how successful the OP is with his claim.

    And if the iMac is repaired at Apple's expense, why do you think loads more people will be claiming for out of warranty claims? Not many people will see this thread and only a small number of those (if any at all) are likely to make similar claims.

    I don't think it will make much of a dent to the profits made by Apple UK. Remember the law has been in place since 1979, 25 years before Apple opened their first store in the UK.
     
  14. londonmystery macrumors 6502

    londonmystery

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    #14
    As a retail manager for over 15 years and now a law student, you would have a good case.

    The key here is to explain your problem and issues in a polite and honest way. Speak directly to 1 of the management team.

    You paid in excess of over £1000 for a machine that Apple are prepared to guarantee for 3 years.

    Using the sale of goods act you would have a good case in court as almost any reasonable person would expect that a machine costing that much money would last more than 16 months.

    Good luck and keep us informed. :):)
     
  15. willcodejavafor thread starter macrumors regular

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    #15
    Time for the first update, but there is not much to report. I called Apple Support and told them about my problem and that I expected it to be repaired for free and they did not seem to surprised or anything. Before we got very far though he spoke to a manager and then notified me that I need to take it in to the store I bought it from.

    I called the regent street store and described my problem again and that I expected the repair to be free as of the Sale of Goods Act. The young lady on the other side of the phone then told me that since Apple is an american company this UK law will not apply, bless her.

    Either way I need to book an appointment with the Genius Bar and this seems tricky. You dont get to choose the day or time at all it just gives you the first free slot. Have to check until there is a free weekend slot :)
     
  16. TheBritishBloke macrumors 68030

    TheBritishBloke

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    #16
    Lol. I know she's only telling you what she knows, but even I know this isn't true. Apple is a registered company in the UK too, (http://wck2.companieshouse.gov.uk/22d82d7e50272bc46773bced52dc7ea7/compdetails) and as they own retail stores, and sell and distribute products throughout the UK, the law applies to them.

    I guess it's best to phone applecare, and be asked to be put through to the floor/department manager, in my experience with businesses, if you do that, the manager always seems more leniant, and tends to grant your case.

    Good luck again!
     
  17. REBELinBLUE macrumors regular

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    London, UK
    #17
    Good luck.

    I had/have a problem with my MacBook Pro that they refuse to look at and it is still in warranty (and was less than 4 months old when it started happening). I mentioned the Sale of Goods act several times, even stating that it was not fit for purpose but they still refused to look at it, even when I contacted trading standards consumer direct they still refused. I have written to them several times and got the same response so since I didn't purchase it by credit card my only option now is to take Apple to court.
     
  18. londonmystery macrumors 6502

    londonmystery

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    #18
    Just a little tip I have learnt from dealing with Apple over a very short time..

    Regent Street which is the UK flagship store seem to be very tough maybe its the location, I don't know.

    If either of you guys with these issues can get to Bluewater they seem to be much friendlier and helpful. I have had some awesome customer service experiences from there.

    Hope it helps. :):)
     
  19. redgaz26 macrumors 68020

    redgaz26

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    #19
    Wirelessly posted (Mozilla/5.0 (iPhone; U; CPU iPhone OS 3_1 like Mac OS X; en-us) AppleWebKit/528.18 (KHTML, like Gecko) Version/4.0 Mobile/7C144 Safari/528.16)

    How can they refuse to look at it if it's still under warranty???
    My mac has just died. I bought it six months ago. After several kernal panics it won't even start up now. I power on and all that happens is it chimes. Doesn't start up at all. I'm taking in this weekend to the apple store in Glasgow. Logic board may need replaced buts that's just a guess. I'm not happy at all with the mac. I'm going to push for a replacement becasuse the problems started not long after I bought it. !£1200 and nothing but hassle.
     
  20. ss957916 macrumors 6502a

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    Jun 17, 2009
    #20
    I wonder if it's worth taking in a bank statement from a couple of years ago and one from now - that would prove you haven't moved house. Then just politely point out that the iMac has stayed on your desk without any jerks or shocks for 18 months.

    That would surely show the fault is with the manufacture/components rather than your lack of care for the unit.
     
  21. sananda macrumors 68020

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    May 24, 2007
    #21
    Yes!

    I have twice argued that iBook power supplies are not reasonably durable and have been sent replacements beyond the warranty period.
     
  22. REBELinBLUE macrumors regular

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    Oct 2, 2007
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    London, UK
    #22
    Because they claim they do not know what the problem is and are still investigating. There are 700 odd posts on the Apple forum about the issue

    http://discussions.apple.com/thread.jspa?threadID=1767221
    http://discussions.apple.com/thread.jspa?threadID=1882489

    that said, the Windows drivers included with SL appear to have fixed the issue, although I'm not 100% convinced, still need to stress test it
     
  23. RobMoss macrumors regular

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    Jul 23, 2009
    #23
    I think they have a limited time in which to sort your problem, IIRC. And they can't refuse to look at it. Take it in. Leave it with them. Keep hassling them until they either fix it or replace it (their choice).

    Good luck!
     
  24. willcodejavafor thread starter macrumors regular

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    Dec 4, 2007
    #24
    Just off the phone with Apple Support and this time I was forwarded to their second line of support when I had explained my problem. I did mention the Sale of Goods Act to the first guy, but not sure it had much of an impact here. The second support said that since it broke just 6 months out of warranty he would make an exception. I have to take it in to an authorized service centre and once I've done that I will let him know. Apple agreed to pay for a new screen, but only if I pay for the labour cost myself.

    I happily agreed.
     
  25. cluthz macrumors 68040

    cluthz

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    Jun 15, 2004
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    Norway
    #25
    Great!

    We have the same in Norway, but here everyone is aware of how it works, so you usually get things fixed really fast and free!

    I just got a new screen for my MBP two weeks ago, free of charge labour included, and this is a 28 month old computer.

    My screen wasn't broken, but the backlight was uneven, most ppl doesn't even see it.

    One thing i noticed tho, is that my new screen is much brighter than the old one.
     

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