No doubt. But the point is he’d very likely expect some kind of concession or reject them entirely.He would let the customers play the screen lottery, most likely.
No doubt. But the point is he’d very likely expect some kind of concession or reject them entirely.He would let the customers play the screen lottery, most likely.
But after you owned it for six months, it's not a new device anymore.
Well, Apple doesn't _have_ to offer you a replacement. They can repair your device. Gets sent to China, comes back repaired four weeks later.
No. they should be replaced with part that are new, or………used by you. As they have no ‘used by you' parts in stock, the only other alternative is new.Many years ago, a truck I owned was in an accident. Some parts—I don't remember which ones—needed to be replaced, and the insurance company rep said they'd be replaced with used parts. I said, wait, why used parts? And she responded, the parts before the accident were also used.
I didn't like that answer at the time, but she was right: They were used parts. They were used by me. That I bought the truck new was immaterial. The truck, and its parts, were no longer new. They're used.
Some do-good insurance commission, legislator, or judge somewhere might order that insurers pay for all new parts, and some people might cheer this "pro-consumer" measure. But now, at least, I realize that nothing comes without a cost, and such a policy would mean more expensive insurance, additional waste, and little real gain.
The same is true if Apple and other electronics makes can't replace a used device with a used device: warranty costs will go up, at least some of those costs will be passed on to Dutch customers, and more waste will be created. There is no free lunch.
To quote another economist: there are no solutions. Only tradeoffs.
well she bought a new product with warranty so she is entitled to a new replacement.simple as that.I hope this doesn't become standard practice. Quality refurbishing is fine and helps minimize e-waste.
I would be surprised if she could even detect a refurb vs a new device without being told.
I bet you went to law school.No. they should be replaced with part that are new, or………used by you. As they have no ‘used by you' parts in stock, the only other alternative is new.
That’s fine. Apple have a choice to make. Get more NEW stock in the form of spare parts or devices or have their customer service record slide.Apples next solution will be to repair only. No exchanges on any items. Only repairs. So my 30 minutes in the apple store just turned into 2 weeks coming back.
Was kind of a sleazy lawyer answer wasn’t it. Learned that from watching Apple Keynotes.I bet you went to law school.
No. they should be replaced with part that are new, or………used by you. As they have no ‘used by you' parts in stock, the only other alternative is new.
"So sorry your device broke Mr Customer; you have the choice of what you want to do. We can send it out for repair which takes about two to four weeks, or you can walk out with a functioning device right now—but it's remanufactured. Both come with the remaining portion of your existing warranty. Your choice."But after you owned it for six months, it's not a new device anymore.
Well, Apple doesn't _have_ to offer you a replacement. They can repair your device. Gets sent to China, comes back repaired four weeks later.
Completely false, unless Dutch law forbids repairs. What she's entitled to is her device being repaired, period. Anything above that is a courtesy. She's only "entitled to a new replacement" if Apple chooses not to repair, or can't repair, the existing one.well she bought a new product with warranty so she is entitled to a new replacement.simple as that.
Plain and simple point of Law - Replace Like with Like.
And at what point does 'like for like' mean they should get a brand new device when the device is 4 months old and failed? We're not talking about a 14-day old iPad. Replacing a faulty logic board with a refurbed or remanufactured board (which works) under warranty is... well, that's fine in the eyes for like-with-like. It's the same component, except the replacement part fixes the issue.
Or like-for-like in the instance of this article? They can only replace the parts in a 4-month old iPad with a part that is exactly 4-months old; no older, no younger? Would that be like-for-like enough for you?
And if that doesn't fly, what next? Somebody has a 4-month old iPad that no longer works and Apple are meant to replace it with a brand new one. Well what if there are dents all over it (none which contributed to the issue)? Do they still replace it with a brand-new device? Why would that be fair for somebody who abused their device?
Or if it fails well outside the 30 days, can Apple just fix the flaming thing under warranty with refurb/remanufactured parts which have been tested as working, like every single other tech company does?
Passing a law like this doesn't suddenly make things easier and more black and white. It opens up a whole new grey area.
My biggest issue with that is there is absolutely no such thing as "like for like." In reality, it's more along the lines of "like for... close enough in the manufacturer's eyes."
I'm not familiar with "remanufactured" units, but it's my understanding that their refurbs in the US get new batteries and sometimes new cases and/or screens. At that point, the only so-called refurbished part is the logic board.
What is going on in your head that enables you to look at two subjectively identical devices that only differ in the box which they were shipped and judge one as inferior because parts in it may have been around the block in the past.
I would understand your point if we were taking about a store return that was shrink wrapped and stuck back on the shelf, but that is not what Apple is doing.
It was the kind of response I think Tim/Phil/Steve would have come out with. If units are replaced with new, everybody probably gets the same quality of unit.Interesting perspective, but why should they only be used by you or new? Are you taking tradeoffs into account?
well she bought a new product with warranty so she is entitled to a new replacement.
Completely false, unless Dutch law forbids repairs. What she's entitled to is her device being repaired, period. Anything above that is a courtesy. She's only "entitled to a new replacement" if Apple chooses not to repair, or can't repair, the existing one.
It shouldn't suggest that to you; you're making up information that simply isn't given. The ruling, as given here, doesn't speak to repairs. It only encompasses that the customer's broken device is replaced with a new one iff a replacement is offered by the warrantor.Well considering the law was on her side, that would suggest to me that their law is different to yours... their are MUCH better consumer laws outside of America and Canada in several country's, particularly European ones.
It doesn't matter about perception. When I go to sell the iPad later on, it significantly hurts the resale value to list it as refurbished.
Now this is absolutely ludicrous. The cost for that would easily exceed the price of a new iPad in the first place. What kind of toilet brush judge was ruling this? Did the claimant have emotional distress for the duration of their working-fine-but-it's-not-brand-new-so-therefore-I'm-dissatisfied device?
Unbelievable.
You get 2 years of full warranty anyways. It's what you pay for at the get go. You don't get a new full warranty when your device is replaced, just the remaining warranty.I don't care what the give me, but it should have the full length warranty along with it. If I have two years left on it, I want the tensing two years on the replacement.
No will not work. By Dutch law you have the right to a fully functioning product. If it breaks within 6 months without it being your fault you have the right to cancel the sale and get your money back. Then you could buy the same product new.Seems easy enough for Apple to deal with this. No more replacements in store. You bring them the iPad they ship if out for repair. Nothing says they *have* to replace it, right? AppleCare states "replace or repair".
So much for your convenience.
Apple has the best quality of device replacement in the industry. Responsible recycling trying to lower e-waste. This ruling I'd understand if it was a Samsung Frankenstein-Phone replacement (Poor Testing, horrible quality), but Apple is trying to take the word new out of people's vocabulary. Even "new" devices like the iPhone SE are made of responsibly recycled components and materials of other phones. This perspective is huge (e) waste, and I hope you re-think it.
No she wasn't right. She was unscrupulous and you were naive. That had to be a seriously cut rate insurance company praying on your lack of knowledge. No reputable insurance company would suggest used parts as a replacement. The liability alone would not be worth the risk. Insurance companies would total out a car before risking a repair with used parts. Maybe you meant OEM parts vs aftermarket parts, at least I hope so. Aftermarket parts aren't used.Many years ago, a truck I owned was in an accident. Some parts—I don't remember which ones—needed to be replaced, and the insurance company rep said they'd be replaced with used parts. I said, wait, why used parts? And she responded, the parts before the accident were also used.
I didn't like that answer at the time, but she was right: They were used parts. They were used by me. That I bought the truck new was immaterial. The truck, and its parts, were no longer new. They're used.
If you buy a Samsung laptop and it breaks after 2 months, guess what what they do... YUP they replace it with a new one. This has always been the case over here.I, for one, thinks it's great that a government/economy like this is booming so awesomely they are trying to drive tech companies out of their borders.
No, Apple has to pay €100 per day after two weeks of this judgment, with a maximum of €1000, unless Apple complies with the judgment within that time frame.
The court applies the law as given. There is nothing stopping Apple from offering a refurbished device in exchange for a rebate, if the buyers agrees. However, Apple pretends that new and refurbished devices are equal, but the law assumes that if your product is irreparable, then the consumer never received a decent product as advertised to begin with and is entitled to start over with a new device. Don’t forget that Apple is in a better position here: what constitutes ‘refurbished’/‘remanufactured’ and how this is applied to particular devices is something the consumer cannot easily verify. The law therefore empowers the buyer for this reason.