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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.


Except that is not what apple does. They offered a "new" device and went out of their way to infer that it was new and not new to me. That isn't ok. I even asked if it was new and the guy straight up lied to me saying it's new just in an oem box...
 
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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.
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.
 
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.
well she bought a new product with warranty so she is entitled to a new replacement.simple as that.
and your comment about she wouldn't notice new vs refurbished is simply anti consumer and things you hear ftom bully greedy retailers only.
the environmental argument is irrelevant here.
 
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.
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.
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I bet you went to law school.
Was kind of a sleazy lawyer answer wasn’t it. Learned that from watching Apple Keynotes.
 
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.

Interesting perspective, but why should they only be used by you or new? Are you taking tradeoffs into account?
 
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.
"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."

If I were Cook facing this ruling this is what I'd do. It keeps thing efficient and doesn't add much to the bottom line.
 
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Refurbs replaced with refurbs.
New replaced with new.
If refurbs are not substandard in some way, then try to sell them for retail.
Apple should get their costs back from the builder, not their consumer!
 
well she bought a new product with warranty so she is entitled to a new replacement.simple as that.
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.
 
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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 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.

If I buy a car and it turns out to be a lemon, they don't replace it with a used car.
 
Interesting perspective, but why should they only be used by you or new? Are you taking tradeoffs into account?
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.

If however they release a real Mac pro this time with quality standard graphics cards, I’ll forgive them almost anything.
 
well she bought a new product with warranty so she is entitled to a new replacement.

You're begging the question.

Why is she entitled to a new replacement? That's not what the warranty policy stated (see the similar case citied by Macrumors: "The victory nullified the purchase agreement that the woman made with Apple.").

So the warranty policy says Apple may provide a refurbished product, and the woman agreed to these terms by purchasing the product, and the court scraps that agreement.
 
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 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.
 
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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 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.
 
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.

As the summary states, these aren't "refurbished"; they're "remanufactured." It is unclear exactly what the difference is except that they state the former "ensures their quality is ready for the market" (and they are available for purchase with generally favorable opinions from those who buy them), whereas the latter is more rigorous and "requires a level of specifications to be met that are as high-standard as they were for the original product" (and aren't really available for purchase). Honestly, that's what I already thought refurbished Apple products were like, but I guess they make a distinction.
 
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.

If only you hadn't jumped the conclusion Macrumors is any good at translation.

Apple has to pay 100,- for every day they don't comply with the court order.
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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.
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.
 
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And now they will just raise the AppleCare costs and device replacement fees to compensate.
 
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.
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.

This is not an acceptable fault after a year that can be repaired because the sale can't be canceled anymore. Hence the right to a new product according to the court.
 
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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.

Wanting a new product instead of a remanned doesn't increase e-waste. The returned product can enter the product life cycle just like the reman that Apple wanted to give the customer. Getting a reman doesn't retroactively reduce Apple's production of new products nor it's use of raw material (which is the goal, btw). The new iPad the customer receives is already made. Besides, the remans can be given to customers outside of the Netherlands. It's not like they'd be sitting in a warehouse somewhere.

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.
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.
 
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.
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.
 
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.


This
At least someones got brains.:)
 
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