There's not space here to explain - trust me. Plus I don't wanna.But there's a hole body of law that applies to this topic.
I'm a lawyer, and I don't trust you.
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Apple Care Over? Sorry bud...
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I'm a lawyer, and I don't trust you.
I believe Tess is talking about the "Lemon Laws". I know some things like that apply in my area(Canada).
http://en.wikipedia.org/wiki/Lemon_law
http://en.wikipedia.org/wiki/Lemon_law
In the U.S., lemon laws apply to vehicles. And they don't extend the warranty - they generally just allow you to void the sale if there are too many repairs due to defects in a given time period.
There are some "implied warrantees" in the uniform commercial code, but they wouldn't extend the warranty period. Tess is making stuff up, as usual.
I was under the impression he was referring to the various state/local laws that's vaguely referred to in the warranty language.
Maybe, maybe not, depending on location sort of thing. Does that make any sense at all?
Sorry to have to ask you... but you think that a drive failure -- either a hard drive or an optical drive -- is "obviously Apple's fault"?
Huh? Unless I read your post wrong, Apple does not make hard drives or optical drives. After three years, most hard drives fail. You were given a new hard drive or optical drive by Apple out of the goodness of Apple's heart if I am reading this correctly.
I'd still go to an Apple store and let them diagnose the problem. Suggest
you be nice, ask for help and see what happens. No snide comments.
A friend had his entire MBP logic board replaced for free even though
it was a year out of warranty. You never know what unofficial not public issues
are known by Apple that they will back up.
you be nice, ask for help and see what happens. No snide comments.
A friend had his entire MBP logic board replaced for free even though
it was a year out of warranty. You never know what unofficial not public issues
are known by Apple that they will back up.
If there is a local law that allows consumers to ignore terms of their contracts of sale so as to extend the warrantee an entire year beyond a purchased servic contract, I'd really like someone to identify even one such law.
I've never seen one either, and don't know if any such law did/does exist at all. I do recall reading the general language, and it seemed they left the possibility there, presumably to keep them out of trouble, assuming such a law does in fact exist.
I was just wondering myself, and thought the post may have been from that same bit of text (or similar) to what I remember reading on quite a few Warranty documents.
I think you're a liar. So if you're not that means that you're a lawyer, and that you have 3 doctorates in computer science (according to you) and you have spent very many years working for AMD designing CPUs (again according to you), and that you have enough free time to read here (LOL), and that you know all of the US federal code in order to make such a statement - which not even the best lawyers do. Sorry it just doesn't add up and I don't believe you. BTW, it also means you know zero about case-law in this area.
If there wasn't a body of law threading through every US regulatory institution then broadcasting companies for example, could just up and decide not to do NTSC any longer and we would all have to replace our televisions over-night - or be forced to buy format converters. Etc. etc.
EDIT:
And no one said anything about laws that extend warrantees as you're describing it. WTH?
New goods are sold in the expectation that they fit to be used as intended. Regardless of the warranty, if the goods do not perform as intended then the consumer has the right to return the goods. IIRC in BC its about 90 days, regardless of the warranty. I haven't found the specific link yet, I believe the US and the UK have similar laws. In this case of the MP, he is clearly beyond the window for legal remedies - unless a class action suit is successful (which I don't think it would be in this case). But - my point is that there are several cases where the consumer can ignore the sales contract, because there is Provincial, State, or Federal law that trumps contract law.
The best example is the "cooling off" period. In the US you have the FTC (link to their page) In BC you have 10 days to "rethink" sales from door-to-door sales. The UK has similar laws.
Despite any language in a sales contract, the law of the province or country always takes precedence. I don't know how contract law in the US works in regards to municipalities, but I suspect State and Federal contract law is the same as Canadian Provincial and Federal contract law You can't enforce a civil contract that is in contravention of a law. If there is no law that applies to the situation, then of course the contract usually stands.
I could be arrogant and tell people (not you nano) to pull their heads of their arses,but I wont.
There are other countries outside Us of A.
Countries with relatively good consumer product laws.
Around here europe,we have laws that the product have a "expected lifespan". It can vary from a 5$ hairdryer that has the said one year to a computer that is "normally" 3-5 years. If you computer fails after 3 years of a obvious fault,you are eligible for a replacement or at least big discount in the repairs. Regardless if you have applecare or whatnot.
Your cars clutch can fail after 5 years,but if you have driven 30k miles on it,you get sorted out. If you have driven 300k miles,then not.
Lot of the companies dont like it as it is bad for the capitalism (not fast enough natural expiration rate) but is sure as hell is good for the consumers.
But as said,you get what you vote for.
Meh,at least usually...
Ps.I remeber reading a article of some university doing a "study" on hairdryers. You know,those what the peeps use to dry their fabio hairdoes.
Of the 15 tested dryers,12 had their coils in the electric motor enchanced with a thinner partion,so that it will give up way,way quicker than it would with a normal filament.
Talk about creative product design.
Just to make some bucks.
Never mind the enviroment.
Or even which brand the person is going to buy next,like he is going to stay with the 5$ GhongZhuw...
My experience with Apple is that they behave like they are in Europe, then.
Waiting to hear what the OP does. If he has to ship to my tech in CA it might be worth it for him.
Waiting to hear what the OP does. If he has to ship to my tech in CA it might be worth it for him.
Absolutely.
The US is big, and you've 50 states and many more local municipalities to deal with. Then as you say, the rest of the world.
Rather confusing when I sit back and think about it. But some members here have given me the impression that the UK and Germany at least, seem better for consumer protection, rather than corporate. Australia, it seems may not be so at all, given some posts and emails I've had with DoFoT09.
I guess it depends on how severely politicians are in the "pockets" of corporations vs. those that still serve their constituents that influences the voting patterns.
I think in the OP's particular case he's out of luck and he'll have to pay for any support that he gets. Just my guess tho.
Yup "Planned Obsolesce". In many cases it's perfectly legal in the USA - in others it's not. So much depends on the details and context.
This "hidden warranty" must be a nightmare to administer. Who decides on the "normal" life expectancy of these hard goods? What about abuse? Who makes the final decision on compensation?
If this were the case in the US or Canada, the scam artists would be coming out of the woodwork to cheat that system.
Let's get it straight, since you called me a liar. I have ONE Ph.D. I never said 3. I also have an M.S. and B.S. All are in electrical engineering, from Rensselaer Polytechnic Institute. I also have a J.D. from Santa Clara University.
I am an attorney, and have been since 2007. In 1996 I worked at Exponential Technology, designing microprocessors for Macs and Mac clones. In 1997 I worked briefly for Sun, before going to AMD where I worked until 2006.
It is possible for people to change careers, you know.
Here is some proof:
Lawyer: http://www.mayerbrown.com/lawyers/profile.asp?hubbardid=M293148220
Engineer: http://www.ecse.rpi.edu/frisc/publications&patents/Carlough00845192.pdf
http://en.wikipedia.org/wiki/X704
http://www.ecse.rpi.edu/frisc/theses/MaierThesis/
Misc.:
http://www.iphonejd.com/iphone_jd/2009/02/new-features-cliff-maier.html
http://www.iphonejd.com/iphone_jd/2008/12/cliff-maier-lawyer-iphone-app-author.html
etc.
As for the rest of your nonsense, since you don't know the difference between federal law and local law, I'll ignore it.
K, sorry about calling you a liar.
But see, this is just the kind of obstinate rudeness that led me to believe you were. Most (educated) professional people inform without being critical, belittling, or assuming. You don't fit that profile in this or in the other threads you've involved yourself in. I never said anything about local vs. federal, etc. I think only you did. WTH?
The only time I've had Apple repair something for free outside of AppleCare is when my old AlBook was having lots of manufacturing issues (logic board, display faults, and pitting on the top case). I took it in during AppleCare to get it repaired, and the genius managed to blame each fault on me (he told me the pitting was just dirt that wouldn't come off.)
A year later, out of my AppleCare, my gf at the time was bringing her iBook in to get the logic board changed out under the iBook G3 logic board repair program. On a whim, I showed the genius my Powerbook, he decided that the problems were Apple's fault, verified I had brought it in originally under AppleCare to have the problems looked at, and wrote up an exception.
Seemed fair to me. I was unfairly denied a repair under AppleCare.