MACBOOK PRO - Apple confirm faulty part, but wont repair??

Discussion in 'MacBook Pro' started by ynot420, May 11, 2012.

  1. ynot420 macrumors newbie

    Joined:
    May 11, 2012
    #1
    Hi there,

    thanks for taking the time to read my post, any help, comments or support would be very gratefully received.

    The basic outline of my case is this -
    • I purchased a Macbook Pro (MBP) from Apple Store Ltd.
    • My MBP developed a Fault
    • Apple identified the Fault as being the Graphics Chip
    • The particular graphics chip used in my MBP is known by apple to have “a very high fail rate”.
    • Apple refuse to repair of replace my MBP
    • I contest that the MBP they sold me was not of a satisfactory quality and not fit for purpose
    • I intend to pursue them under the 1979 SOGA.

    On Aug 31st 2007 I purchased a Macbook Pro from the Birmingham Apple store for £1417.90. On the 4th May this year, it developed a fault which rendered the screen black. I returned it to the Apple store, when an Apple technician identified the problem as being a faulty graphics chip, specifically the NVIDIA GeForce 8600GT. He provided me with a quote for a new Logic Board (which contains the GFX chip) for the sum of £417 inc VAT. I decided to have a think about it and advised him that I would call back later in the week if I required the work carrying out.

    Whilst searching the internet to check if the price I was quoted was a fair one, I came across numerous articles about problems with the NVIDIA and the MBP. After further digging I found the Apple had in fact successfully sued NVIDIA in 2008 due to the high fail rate of the chips they supplied. All MCP manufactured between 01/05/07 and 01/09/08 are fitted with the defective chip and Apple offer free replacement of Logic boards for new problems and retrospective compensation for customers who have previously payed to remedy the issue. But only for MBP less than 4 years old, at time of fault mine was 4yr 7mth old.

    I returned to the Apple store where they confirmed that my MBP did in fact contain the defective chip and that the issue with my MPB was solely the failure of that chip. After numerous phone calls to their head office, the store manager informed me that they were not able to repair or replace my MBP as it was outside of their 4 year limit. After leaving the store I contacted the Apple care centre and received the same response as from the store.

    I strongly believe that I have a very solid case, under the 1979 Sale of Goods Act, that the MBP they sold me was not of a satisfactory quality and that I am entitled to a replacement or refund for the whole unit. The facts are as simple as this, Apple sold me a product they know to be faulty, the known fault has occurred, and they refuse to allow me my legal rights under the 1979 SOGA.

    After speaking to CAB, I yesterday sent Apple Store Birmingham a recorded delivery letter. In which I stated the facts of my purchase, I then explained how I believed they were in breach of the contract of sale and that I expected a full replacement or refund.

    I understand that my MBP is reasonably old, but I contest that less than 5 years for a £1500 laptop is not an acceptable lifespan. I also strongly believe that time in this case, time is not a massive issue, the MBP was in reality Faulty from the moment I purchased it, and it just took over 4 years for the fault to affect the unit.

    If anyone has any opinions to the validity of my case, past experiences with Apple or any other general advice, I’d love to gear from you.


    Regards

    Gareth
     
  2. miles01110 macrumors Core

    miles01110

    Joined:
    Jul 24, 2006
    Location:
    The Ivory Tower (I'm not coming down)
    #2
    Isn't that your lawyer's job?
     
  3. gpzjock macrumors 6502a

    Joined:
    May 4, 2009
    #3
    My gf's son had the same model develop the same fault in 2009. Apple replaced the whole logic board under AppleCare. Otherwise this would have been a £700 repair. Check on this forum for other owner's experiences, they may help your case. Apple have recognised the fault now you need to prove they need to repair it at their expense. Good luck with that.
     
  4. MacDawg macrumors P6

    MacDawg

    Joined:
    Mar 20, 2004
    Location:
    "Between the Hedges"
    #4
    I'm gonna guess their 4 year limit is upheld if challenged in this way

    Some have been successful in getting a repair regardless, but others have not
    Typically it depends on who handles the case, how it is presented and any number of factors

    Mine was repaired within the announced limits
     
  5. blueroom macrumors 603

    blueroom

    Joined:
    Feb 15, 2009
    Location:
    Toronto, Canada
  6. heisenberg123 macrumors 603

    heisenberg123

    Joined:
    Oct 31, 2010
    Location:
    Hamilton, Ontario
    #6
    im not sure any real court will care what iisforiphone said
     
  7. rault18 macrumors member

    rault18

    Joined:
    Dec 13, 2011
    Location:
    Las Vegas, Nv
    #7
    Why wouldn't they? Its a decent case. Has prove of it, cases history and the acceptance of apple that its a faulty part
     
  8. Spikeuk76 macrumors newbie

    Joined:
    May 4, 2012
    #8
    Wasn't there a case in the US recently where a person successfully won against Apple in court for the same failure? Im sure you can find it if you search. Wouldn't that add weight to your argument if pursuing a simular avenue in the UK?
     
  9. oldcelt macrumors 6502

    Joined:
    Sep 28, 2011
    Location:
    UK
    #9
    Similar problem.Late 2007 MBP 15", repaired at no cost by Apple Store Manchester, UK.
     
  10. Dangerous Theory macrumors 68000

    Joined:
    Jul 28, 2011
    Location:
    UK
    #10
    Sounds like a reasonable case to me. It's people such as yourself who better the whole system by fighting huge companies whom think they can get away with crap like this.

    We all see Apple as a wonderful company, but personally it's the engineers and the designers who come up with the excellent devices we use daily, not retail representatives or lawyers. Obviously Apple has a better record of quality customer services, but there are plenty of cases that contradict that. Ultimately every win helps to put these people in their places and improve our customer experience down the line!

    Good luck, I hope you get your replacement/repair for free.
     
  11. MagicBoy macrumors 68040

    MagicBoy

    Joined:
    May 28, 2006
    Location:
    Manchester, UK
    #11
    Most Brits don't have a lawyer on speed dial as we're quite well adjusted and generally full of common sense. It's perfectly possible to take court action via the Small Claims Court (for claims unto £5000) without a lawyer.

    Going from this similar case in the US, Apple will likely be bone-headed then lose when it goes to court : http://www.seattlerex.com/suing-apple/

    Bear in mind that in the UK the retailer (i.e. the Apple Store) are liable under SOGA, not Apple Inc. I'd be inclined to accept a full repair or replacement. A full refund is unlikely.
     
  12. parish macrumors 65816

    parish

    Joined:
    Apr 14, 2009
    Location:
    Wilts., UK
    #12
    In the UK we have the Small Claims Court where you can pursue claims for up to £3000 (may be more now).

    The whole point of this is to make it easy, and cheap, to make claims without risking huge costs being awarded against you if you lose - the defendant can't claim costs but you can. In fact you are not permitted legal representation at the hearings.

    IANAL, but if I were the OP then I would have no hesitation in taking this to the SCC as Apple have publicly admitted that the chips are faulty therefore I reckon they'd have no chance of winning - the Judge takes a common-sense view of the case rather than basing judgement on the finer points of contract law.

    I know several people that have won cases in the SCC
     
  13. ano0oj macrumors 6502

    Joined:
    Apr 20, 2010
    #13
    but your laptop worked for 5 years, they'll just come back at you saying those faults eventually come with time rather than fault
     
  14. thundersteele macrumors 68030

    Joined:
    Oct 19, 2011
    Location:
    Switzerland
    #14
    Apple confirmed that the defect is due to a faulty graphics chip, which elsewhere have been confirmed to suffer from a production defect. It follows that the defect was present in the product at the time of purchase. The UK consumer law protects consumers against products that were sold with a defect for up to six years.

    I suggest the OP should freshen up his knowledge of the UK consumer law, bring some documentation, and confront the apple store again (ask for the store manager). This might help convincing them that they have to repair/replace it for free.

    Note that the situation is different in the US, where essentially no consumer protection exists! In the UK/Europe, the 4 year limit for the Nvidia replacement/repair is probably void.
     
  15. MagicBoy macrumors 68040

    MagicBoy

    Joined:
    May 28, 2006
    Location:
    Manchester, UK
    #15
    £5000 now. I remember when it was £500 back in the early 90s.

    It's immaterial if it worked for 5 years. The expectation in UK consumer law for an item of that type and value is that will remain free of major defects for a reasonable time. The reasonable time in this is case is usually deemed as 6 to 7 years as said above.

    If a moving part say a fan or the superdrive failed outside of warranty then you would get nowhere under SOGA as it's a relatively cheap and simple repair. Logic board replacement would be considered a major defect.

    The evidence is on the OPs side as nVidia admitted there was a problem and initiated a recall. The ridiculous part is that Apple won't have to pay to fix it as nVidia are picking up the costs.
     
  16. thekev macrumors 604

    thekev

    Joined:
    Aug 5, 2010
    #16
    That's completely irrelevant, because it's hard to say where you draw the line. In Apple's case they decided to draw that at 4 years, but no real alternative solution was offered. You couldn't return the laptop within a certain amount of time after the defect was discovered. You couldn't get it repaired with a modified logic board that did not contain this part. In Apple's defense, the other oems didn't really handle this any better (as far as I can remember, anyone is free to correct me).
     
  17. alphaod macrumors Core

    alphaod

    Joined:
    Feb 9, 2008
    Location:
    NYC
    #17
    You're over the 4 year period as per the original extended warranty provided by Apple over this part.

    Time to invest in a new computer.
     
  18. throAU macrumors 601

    throAU

    Joined:
    Feb 13, 2012
    Location:
    Perth, Western Australia
    #18
    Warranty ran out a couple of years ago mate, doesn't matter whether the chip is known to die or not, the warranty period has run out.

    This is what warranty is for, and it has expired. Apple do not guarantee your machine to be defect free for the rest of your natural life, they have upheld their end of the bargain to 4 years - to the end of extended warranty plus one year, in good faith - not due to legal requirement.

    It sucks and all, but if your laptop had died of any other cause, you'd be out of warranty as well. the fact that the video chip in it is defective is irrelevant - it has survived the warranty period.

    It is time to buy a new computer.
     
  19. phyrexia macrumors 6502a

    Joined:
    Sep 3, 2010
    #19
    I think you are S.O.L., myself. 5 years is a long time for a Laptop. Good luck to you.
     
  20. \-V-/ Suspended

    \-V-/

    Joined:
    May 3, 2012
    #20
    Same as others have said... the warranty is up, so it's not their problem anymore. They can fix it for you, but it would cost almost the same to pony up the dough for a new computer. I don't see the point in going to all this trouble.
     
  21. Dangerous Theory macrumors 68000

    Joined:
    Jul 28, 2011
    Location:
    UK
    #21
    There's nothing at all done by Apple in "good faith". They sued nVidia to recoup any of the costs that would be incurred by result of this defect. A four year warranty for an issue they know is present and may break at any point is cannot suffice. Electronics should not be dead after that small amount of time. We have decade-old laptops and TVs that function, just like many people do. The point is that the SOGA gives the consumer this kind of protection, and the OP can persue Apple and no doubt win.
     
  22. \-V-/ Suspended

    \-V-/

    Joined:
    May 3, 2012
    #22
    If he can win then by all means he should pursue it.
     
  23. MagicBoy macrumors 68040

    MagicBoy

    Joined:
    May 28, 2006
    Location:
    Manchester, UK
    #23
    Did you read the rest of the thread? The warranty coverage (extended or not) is irrelevant to the Sale of Goods Act 1979 for a UK customer.
     
  24. ynot420 thread starter macrumors newbie

    Joined:
    May 11, 2012
    #24
    ***UPDATE***

    I was contacted this morning by an Apple representative who informed me that they will be replacing the Logic Board, for free, at my earliest convenience.

    Thank you for your help, support and advice.

    Gareth
     
  25. MrCaff macrumors newbie

    Joined:
    Nov 26, 2011
    #25
    LOL!

    I bet $10 apple saw this thread and paid up.
     

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