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Dutch court rules that Apple cannot supply ‘refurbished or remanufactured’ iPads as warranty replacements

CaptainGazzz

What should a manufacturer do if a device is not repairable? (and warranty is still applicable)  

247 members have voted

  1. 1. What should a manufacturer do if a device is not repairable? (and warranty is still applicable)

    • They have to give a brand new product.
      154
    • They can give a refurbished model.
      23
    • They have to give a new product but when a certain time has passed after the purchase they can give a refurbished product.
      70


Quote

In 2015, the woman bought an iPad Air 2 and took extra warranty through Apple Care. After four months, the tablet experienced Wi-Fi problems, a problem Apple could not fix. The manufacturer provided a remanufactured model, but the woman did not like it.

Following the ban on issuing refurbished products in the country, Apple switched to what it called ‘remanufactured’ units. The company said that these used the same manufacturing and inspection standards as brand new ones, and therefore were different to refurbished products. The woman offered a remanufactured iPad as a warranty replacement rejected this argument and took the company to court.

Apple must, the court found, supply brand new models exactly as it would to a paying customer.

According to an article on Tweakers, Apple tried to prevent the judge from giving a verdict by arguing that the woman in question was already offered everything that she demanded by Apple, but the objection was rejected by the judge. This verdict could be used for other lawsuits or even a class action lawsuit.

 

I believe Apple should have provided the woman with a brand new product or a repair. A refurbished or remanufactured product isn't new, it could contain parts that are very worn-out. If a manufacturer can't repair your product, you should always get a brand new one, otherwise you could get a worse product.

 

What do you think?

 

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Jeez. They should have settled and got her a new one. 

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2 minutes ago, CaptainGazzz said:

I believe Apple should have provided the woman with a brand new product or a repair. A refurbished or remanufactured product isn't new, it could contain parts that are very worn-out. If a manufacturer can't repair your product, you should always get a brand new one, otherwise you could get a worse product.

 

What do you think?

I would think a part of this would depend on the length of warranty and whether any new products are available anymore.  If it is a product that has ceased the production run, then a replacement of a certified remanufactured or refurbished that carries on the warranty terms should be acceptable.  

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A replacement device for a four month old device can be a refurbished device imo. You're no longer giving in a new product, so why should you get a new product as a replacement?

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100% be a new product that's what you paid for originally, it's not your fault the product broke. When I got my PS3 back from Sony and found out it was a refurb I was pissed! And guess what, 2 years later it got YLOD.

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I want to set some things straight. First of all there is no ban on refurbished products. What is forbidden is to give a refurbished replacement instead of a new product.

 

The judged rules that when you buy a new product that was faulty from the beginning, you should get a new replacement. When you buy a remanufactured/refurbished one that's faulty, you can buy that one.

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Now if only they'd do the same with Asus. The scum at their RMA department will often try and shove badly "repaired" rubbish on people.

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Refurb...Its used thus you should get a "used" product back.

I think what the law should be is new casing, new screen and new battery (and anything else that's damaged) but the guts can be used. That's fair IMO. 

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13 minutes ago, djdwosk97 said:

A replacement device for a four month old device can be a refurbished device imo. You're no longer giving in a new product, so why should you get a new product as a replacement?

 

If the wifi breaks on a 4 month old device, it was a defect in manufacturing. Apple failed to deliver a proper product and should give the product that they promised.

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Just now, CaptainGazzz said:

If the wifi breaks on a 4 month old device, it was a defect in manufacturing. Apple failed to deliver a proper product and should give the product that they promised.

And they're still doing that even by providing a refurbished product. 

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2 hours ago, djdwosk97 said:

A replacement device for a four month old device can be a refurbished device imo. You're no longer giving in a new product, so why should you get a new product as a replacement?

 

Example: Apple sells you a laptop with a faulty graphics chip (has happened on numerous occasions, over many years.) You claim your warranty, since Apple sold you a defective product. What do you get back? A refurbished Macbook that has a faulty graphics chip that will die in a year or less. They've already fixed the problem in new sales, but the refurbs haven't all gotten the same treatment.

 

Just one example of many, and that's only Apple.

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13 minutes ago, djdwosk97 said:

A replacement device for a four month old device can be a refurbished device imo. You're no longer giving in a new product, so why should you get a new product as a replacement?

That's because the product broke because of a faulty component. You bought a new product, that should not break for 2 years (European guarantee). When you can't fix it, you must give a new product.

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Just now, djdwosk97 said:

And they're still doing that even by providing a refurbished product. 

No, you paid full price for a new product. If you wanted to get a refurbished model you would have bought a refurbished model.

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2 minutes ago, Kobathor said:

Apple sells you a laptop with a faulty graphics chip (has happened on numerous occasions, over many years.) You claim your warranty, since Apple sold you a defective product. What do you get back? A refurbished Macbook that has a faulty graphics chip that will die in a year or less. They've already fixed the problem in new sales, but the refurbs haven't all gotten the same treatment.

And what makes you think the new one can't have a faulty chip as well? Its apple we're talking about, they very rarely fix hardware based issues...

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3 minutes ago, CaptainGazzz said:

No, you paid full price for a new product. If you wanted to get a refurbished model you would have bought a refurbished model.

You're right, you PAID. Paid being the operative word, you're no longer turning in a new device. If it's a brand new product (<3 months), then I'd consider it to be a different story. @kingkang

 

5 minutes ago, Kobathor said:

Example: Apple sells you a laptop with a faulty graphics chip (has happened on numerous occasions, over many years.) You claim your warranty, since Apple sold you a defective product. What do you get back? A refurbished Macbook that has a faulty graphics chip that will die in a year or less. They've already fixed the problem in new sales, but the refurbs haven't all gotten the same treatment.

 

Just one example of many, and that's only Apple.

The new replacement can have the same faulty chip.

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Wow...that's dumb...if I wanted a refurbished product, I'd buy from a Second Hand retailer/site...

To think this is even debatable...jeez how far have we come?

 

Also...if you, as a manufacturer, are offering me a warranty period, it means you are confident in your product and that you will solve any issue related to it during this time.

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4 minutes ago, Mr.Meerkat said:

Refurb...Its used thus you should get a "used" product back.

I think what the law should be is new casing, new screen and new battery (and anything else that's damaged) but the guts can be used. That's fair IMO. 

The guts can also get worn out by heavy use, you could theoretically be getting a device that has been running heavy programs on a bench 24/7 for three years.

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I am on Apple's side here (ew). You are sending them a used product, you should get a working used product in return. If you are worried about getting a new product back, get the store replacement plan.

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1 minute ago, Rune said:

I am on Apple's side here (ew). You are sending them a used product, you should get a working used product in return. If you are worried about getting a new product back, get the store replacement plan.

Store replacement plan? How does that work, I never came across it?

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1 minute ago, djdwosk97 said:

You're right, you PAID. Paid being the operative word, you're no longer turning in a new device. If it's a brand new product (<3 months), then I'd consider it to be a different story. 

Doesn't matter. I paid for a new product and the guarantee says if the product breaks and they can't fix then they must give me a new replacement. 

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2 hours ago, djdwosk97 said:

The new replacement can have the same faulty chip.

Let's say it doesn't because they've fixed it in new products. You get a refurbished back with a six-month limited warranty. After six months, your chip dies again. Now, you can't claim your warranty because it's gone, and you have to buy a new product. You suffer because of Apple's incompetence (which is why you claimed your warranty in the first place.)

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Just now, TorqueS said:

Store replacement plan? How does that work, I never came across it?

I have never shopped at an Apple store before, but most authorized resellers will have a local warranty where they will either repair your model or (the much more likely option) just give you a new one from stock if still available. My store in particular just gives you a gift card with the amount you paid including tax and you can get whatever you want with it.

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2 minutes ago, djdwosk97 said:

You're right, you PAID. Paid being the operative word, you're no longer turning in a new device. If it's a brand new product (<3 months), then I'd consider it to be a different story. @kingkang

 

The new replacement can have the same faulty chip.

The transaction is void because the device was faulty on day one. You could argue that it broke because of heavy use. Because Apple didn't keep their part of the agreement they should give a refund.

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Just now, Rune said:

I have never shopped at an Apple store before, but most authorized resellers will have a local warranty where they will either repair your model or (the much more likely option) just give you a new one from stock if still available. My store in particular just gives you a gift card with the amount you paid including tax and you can get whatever you want with it.

Interesting stuff, sounds like a good option for the situation in which your device gets faulty.

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