[UK] Does Sale of Good Act trump the Limited Hardware Warranty?

[stillill]

Just wondering if the Limited Hardware Warranty which Apple offer trumps the UK's Sale of Goods Act 1979? Anyone contested the warranty and got a full refund or new replacement within 6 months rather than wait for repairs?

Not to go over an old thread in the iMac forum, but my 5-week old 24" alu iMac is now away for 2 weeks to have its noisy fan replaced. Seems like its build quality is lacking, and don't want to be left with a poorly built £1500 machine for the next x years...

Just wondering where I'd stand if fault is not rectified (as the Geniuses couldn't pinpoint which of the 3 fans was faulty, there's a 2-in-3 chance of it not being fixed...)

 

[robbieduncan]

You could claim that the item did not conform to contract, but I think you would be in a hard place with this. A noisy fan, whilst annoying, is not explicitly not conforming to contract. Specifically where is the noise level specified by Apple. As far as I am aware it is not.

 

[stillill]

Yeah guess it is a vague area. Be pretty peed off if a machine that is silent in the shop and when first purchased is now noisy (the fan lightly clicks and hums all the time).

Will see how it goes when I collect, just wanted to be in full possession of my rights. Seems reasonable to give them one shot to fix it.

Is also inconvenient going in to drop off/collect machines, which I think also over-steps the mark for an internet-purchased item. I suppose their lawyers have it sewn up though.

 

[robbieduncan]

You didn't say you purchased it over the internet. You also have the distance selling regulations to fall back on. Unfortunately 5 weeks is outside the window where you can just give it back for a refund for any reason (or no reason)...

 

[stillill]

You didn't say you purchased it over the internet. You also have the distance selling regulations to fall back on. Unfortunately 5 weeks is outside the window where you can just give it back for a refund for any reason (or no reason)...

I'm not actually looking for a refund, just if the fault persists after one repair attempt I think a new replacement from Apple (store or online) is reasonable for a 5-week old machine, under the 'not fit for purpose & repair failed' Sale of Good Act.

The thing that took me by surprise was that they're a "completely different entity" said Genius. Buying online from Apple is not the same as buying in store from Apple but SoGA says I should get the same rights had I bought in-store, so a bit of a muddle. (They'd have replaced it there and then if bought in-store, said Genius - but I guess that's at their discretion rather than my right which is fair enough).

Am sure their repair staff are experts with the hardware and it'll be nothing to worry about.

 

[mreg376]

[Apols if wrong forum]

Just wondering if the Limited Hardware Warranty which Apple offer trumps the UK's Sale of Goods Act 1979? Anyone contested the warranty and got a full refund or new replacement within 6 months rather than wait for repairs?

Not to go over an old thread in the iMac forum, but my 5-week old 24" alu iMac is now away for 2 weeks to have its noisy fan replaced. Seems like its build quality is lacking, and don't want to be left with a poorly built £1500 machine for the next x years...

Just wondering where I'd stand if fault is not rectified (as the Geniuses couldn't pinpoint which of the 3 fans was faulty, there's a 2-in-3 chance of it not being fixed...)

I know nothing about the UK Sale of Goods Act. But I do know that concluding that you have a "poorly built" machine because of a noisy fan is unwarranted. The fact that it's taking two weeks to repair is annoying, but you don't say where you bought it and don't say where you took it for repair. If this is an Apple store taking weeks to fix a fan you may want to get on the phone to the manager and start yelling, demanding a fixed machine or new one NOW.

 

[stillill]

Sorry didn't think to say I bought the iMac from Apple directly. Bought from Apple.com online UK Store. Taken for repair to their main UK store at Regent Street, London after talking to Apple support.

 

[iBecks]

Sorry didn't think to say I bought the iMac from Apple directly. Bought from Apple.com online UK Store. Taken for repair to their main UK store at Regent Street, London after talking to Apple support.

I bought a MBP from Apple online UK store in November 2006, I had a ghosting issue with the screen and took it to a local Apple store in August 2007, they tried to repair it and ended up replacing it.

So there was no difference in buying from the store or online when it came to replacement.

What I will say is that they did try 4 LCD screens before replacing it, so that probably should be taken into account.

Good luck, hope everything works out ok for you.

 

[kiwi031]

I work at a computer shop; and we have similar legislation here in New Zealand.

I believe the legislation in the UK is quite similar to that of NZ, where in this situation, Apple will just remedy the situation, to the letter of the law, over and over again, offering repairs. They aren't strictly required to replace your computer at any time - a bad battery on your car won't get you a new vehicle.

My advice is to get in touch with regional/corporate management, since regular store clerks and managers deal with 100's of similar situations on a daily basis and like us, don't really care a whole lot....

Best of luck!

 

[stillill]

Thanks Kiwi, figured that would be the case. If it's not resolved upon receipt of the repaired machine I'll go a bit higher...

Just curious as to how much leverage I have when I got back to get it.

 

[neiltc13]

I have no idea why you are contemplating all of this now when Apple is clearly doing what it can to help you. Wait until the machine is back with you (it's a pain, I know because I was without my MacBook for about three weeks). No doubt when the repairs are being made they will test it thoroughly with the case removed. I doubt the geniuses in the store did this for you, so be patient and everything will be fine.

 

[robbieduncan]

I'm not actually looking for a refund, just if the fault persists after one repair attempt I think a new replacement from Apple (store or online) is reasonable for a 5-week old machine, under the 'not fit for purpose & repair failed' Sale of Good Act.

The issue here is that your contract is with the retailer (the Apple Store online), not the manufacturer (Apple UK). As you bought online you actually don't necessarily have any rights at all to go into an Apple Store an expect anything: Apple Online and a specific retail store are not necessarily the same entity. Apple would be quite within their rights to force you to send the machine back to the online store for repair.

Unless Apple have actually replaced a fan I would not say that any repair has yet failed so you have no comeback under "not fit for purpose & repair failed".

 

[stillill]

The issue here is that your contract is with the retailer (the Apple Store online), not the manufacturer (Apple UK). As you bought online you actually don't necessarily have any rights at all to go into an Apple Store an expect anything: Apple Online and a specific retail store are not necessarily the same entity. Apple would be quite within their rights to force you to send the machine back to the online store for repair.

Unless Apple have actually replaced a fan I would not say that any repair has yet failed so you have no comeback under "not fit for purpose & repair failed".

I know what you mean Robbie, I wrongly assumed that the online store and the retail store were both "Apple Retail", i.e. nice and joined up, not separate. My mistake. Buy in store next time.

ps, I'd happy send it back rather than take a £30 cab ride with an iMac, yet Apple no longer offer pickup/postage for repairs, seems all onus on the customer at this point.