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Can anyone point me towards any cases - preferably county court judegements - relating to retailers/Apple being forced to repair ipods beyond what they claim is their 12 moth warranty liability.
As background my daughter ipod has been taken back to the retailer 3 times within the warranty period. It has failed yet again at 14 months old.
I'm none too amused but of course she just thinks you just buy another one - and reward Apple for a bad product by buying more of the same!!
It would be difficult to find a particular court case, without going through an extensive series of checks. You could ask Apple under the Freedom of Information Act.
A number of questions for you to answer, that might give further help advice.
(1) Did you buy direct from Apple or an Apple approved dealership/retailer.
(2)Who actually agreed on the repairs, and who arranged and undertook the repairs.
(3) A manufacturers warranty (unless purchased
from a manufacturer as a retailer) is not the same as one that would apply, if purchased from an independent retailer. Consumer law would be slightly different.
(4) Did the item cost over £100.00, and was it purchased via a credit card or ipod finance arrangement.
(5) Were the repairs for the same thing, and when were these repairs done. The last date could be important.
I work for a retailer who sells a huge amount of iPods, and let me tell you, your story is far too common and Apple just continue to wash their hands of it. I personally had an iPod mini and 3 days left of the warranty it failed. I had to fight tooth and nail to have it repaired as the "transit" period took it over the warranty.
Apple are very difficult to deal with most of the time
My reason for posting was that I recall reading that this issue - as Johnnie-M - backs up was quite widespread. I thought it had had reached a head with at least one case going to the County Courts and a ruling being made against The retailer/Apple. I just can't search any such coverage out now I need it. The essence being that no such thing as a one year warranty could be deemed reasonable for an expensive item like an ipod, it should provide a reasonable working life as would be expected by any purchaser of such an expensive product.
The retailer was John Lewis, who really ought to do better at dealing with Apple if they wish to hold their reputation. (Whilst this matter is unresolved John Lewis and Waitrose are getting no more of my families custom, so they will already have lost more profit than they made on the ipod in the first place.)
I am reasonably conversant with the legal niceties. I am looking for a precedent to quote to save wasting my own time!!
Thanks for the replies.
Define "reasonable" quoting the law where appropriate.
The only recourse you have is statutory rights, and as the product is over six months old you need to prove the fault existed at purchase to make a claim against the retailer under the Sale of Goods Act.
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