I purchased a new MacBook Pro on 9th May 2011 from a retailer in Hamilton.
Early July 2011 the SuperDrive became faulty and would not accept CD/DVD's it would just spit them straight back out immediately. I booked a repair online via Totally Mac (Authorised Apple Service Agent) in Hamilton. They said they could not fault the machine. They 'realigned' the drive anyway.
2 days after getting it back from Totally Mac it faulted again (same fault). Called them and took it back. They replaced the SuperDrive (18th July 11)
Weeks later the fault occurred again with the drive, this time it would not release/eject the CD/DVD's. Took it back to Totally Mac, They replaced the mounting screws and realigned the drive.
Early October the fault occurred again! Took it back and they replaced the SuperDrive again. (10th Oct 11)
Its now October 2012 and its happening all over again (argh!) of course the machine is now outside of its standard 1 year warranty, I left it until it happened again in November 12 and I called Apple Care to get it sorted.
They of course told me it is outside of its warranty period they however offered to repair it again for free ( which is great to see them offer without any argument) however after having the same fault since new and having the machine seen to 4 times for repair for the same fault I was not willing to accept another repair.
I informed them I am seeking a refund or replacement. She escalated to customer care services where I explained the situation and my desired outcome, he called back a couple days later to say he had escalated to his manager but was only able to offer a repair. I explained (politely) as the fault has not been resolved and appears unrepairable and have given Apple several opportunities to resolve the issue regardless of expired warranty I have the right to reject the goods and seek repair,refund or replacement, I choose refund or replacement. He then said he will escalate to his manager and his manager will contact me directly.
This manager contacted me directly within minutes (fantastic quick service by the way) I explained again, she said she will review all details and contact Totally Mac regarding the repairs as Apple only have records of two repairs on the machine! It appears Totally Mac didn't log proper cases for the machine until they needed parts! (argh) I of course don't have records for these other repairs as I wasn't supplied any paper records for any of the repairs. Looks like I should of logged each incident online instead of going back to Totally Mac directly without logging a case.
Got a call back today from the case manager she informed me she couldnt get any further information as Totally Mac have now closed their doors and gone out of business, she again offered the repair option which I refused. I informed her again of my rights under CGA (at least which I believe are my rights). I said I would take further outside of Apple as Apple cannot help me any further and here I am...
So where do I stand? Am I correct in stating I do have rights under CGA to reject goods and seek refund or replacement? How should I proceed if I do have the right to refund or replacement under these circumstances?
I read the CGA as if a fault cannot be resolved or is a substantial fault the consumer has the right to reject goods, I also read the CGA as despite the warranty expiring the expected service life of a laptop is longer than 1 year and therefore covered. (especially since I paid $3,800 for it!)
Appreciate any feedback/advice in advance. Cheers!