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363 posts

Ultimate Geek
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Topic # 112414 7-Dec-2012 20:35
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Well as the title states I have an open case with Apple to have my problem resolved, but I'm not happy with their offer and I believe I have rights under the CGA that they are not accepting, so would really appreciate some advice on my situation please! Sorry its a bit long winded just want to explain all the details in full so I get the right feedback/advice...

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!




 

 

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  Reply # 728757 7-Dec-2012 21:11
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If you have paperwork from Totally Mac for all four incidents then forward it to the manager. Otherwise I'd say you're SOL.

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  Reply # 728780 7-Dec-2012 22:04
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Given the same part keeps failing is it possible you're doing something wrong, ie being overly rough with it?

I don't think you'll get the outcome you're wanting (new mbp with retina display for free), apple typically laugh in the face of the CGA from what I've seen from friends apple warranty claims. Good luck



 
 
 
 




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Ultimate Geek
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  Reply # 728786 7-Dec-2012 22:19
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Always look after my things extremely well, and have been working with computers all my life so know very well how to use a optical drive.. Have had many MacBooks, iMac and Mac Mini in the past and this is the only Apple product that I have ever had an issue with.

I can only assume there is a issue with either the logic board (unlikely) or the chassis is deformed in some way where the drive mounts causing alignment issues where the drive sits.


Not seeking a Retina MBP, They don't have a optical drive. Would be happy with a Apple refurb stock of my current model.

 

EDIT: Typo

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  Reply # 728787 7-Dec-2012 22:23
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insane: Given the same part keeps failing is it possible you're doing something wrong, ie being overly rough with it?

The Panasonic drives that Apple uses are extremely temperamental; I've been through four of them over about seven years and I frequently hear stories about them failing.

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  Reply # 728789 7-Dec-2012 22:50
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firefuze: Always look after my things extremely well, and have been working with computers all my life so know very well how to use a optical drive.. Have had many MacBooks, iMac and Mac Mini in the past and this is the only Apple product that I have ever had an issue with.

I can only assume there is a issue with either the logic board (unlikely) or the chassis is deformed in some way where the drive mounts causing alignment issues where the drive sits.


Not seeking a Retina MBP, They don't have a optical drive. Would be happy with a Apple refurb stock of my current model.

 

EDIT: Typo


If you can find examples of other people online with the same problem, it will help your case. Possibly the disputes tribunal would be your next step. I believe you can take the manufacturer to the DT directly, if the company that sold your computer is no longer trading. I guess apple will be represented at the hearing by telephone, not sure if they have a local presence in NZ. They really should have fixed the problem first time. The fact that 4 have failed would suggest another repair probably won't fix it unless it was never fixed properly anyway. So you may need to claim for a refund or replacement.

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  Reply # 728799 7-Dec-2012 23:10
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From what I understand in your post, You're trying to get Apple to refund you under the CGA when you brought it from a Reseller in Hamilton?


INAL but the CGA is between the retailer and yourself not the manufacture so Apple offering to repair it for free is more than reasonable.

As this fault has occurred again I would suggest taking it back to the place of purchase WITH all the documentation of repairs done and try and get somewhere with the retailer as I doubt apple will refund you directly.



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  Reply # 728803 7-Dec-2012 23:22
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boby55: From what I understand in your post, You're trying to get Apple to refund you under the CGA when you brought it from a Reseller in Hamilton?


INAL but the CGA is between the retailer and yourself not the manufacture so Apple offering to repair it for free is more than reasonable.

As this fault has occurred again I would suggest taking it back to the place of purchase WITH all the documentation of repairs done and try and get somewhere with the retailer as I doubt apple will refund you directly.




I thought he said that they had gone out of businesses, but then reread it and he may have purchased it from another retailer. In that case he should go back to the retailer to sort it out. But I believe under the CGA, they can also make a claim against the manufacturer instead if they aren't getting anywhere with the retailer, or the retailer has shutup shop. Or to the importer/distributer in NZ.

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  Reply # 728804 7-Dec-2012 23:29
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mattwnz:
boby55: From what I understand in your post, You're trying to get Apple to refund you under the CGA when you brought it from a Reseller in Hamilton?


INAL but the CGA is between the retailer and yourself not the manufacture so Apple offering to repair it for free is more than reasonable.

As this fault has occurred again I would suggest taking it back to the place of purchase WITH all the documentation of repairs done and try and get somewhere with the retailer as I doubt apple will refund you directly.




I thought he said that they had gone out of businesses, but then reread it and he may have purchased it from another retailer. In that case he should go back to the retailer to sort it out. But I believe under the CGA, they can also make a claim against the manufacturer instead if they aren't getting anywhere with the retailer, or the retailer has shutup shop. Or to the importer/distributer in NZ.



The way I read it was that he brought it from a retailer then took it to totally mac to be repair who have now gone out of business not the retailer.



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Ultimate Geek
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  Reply # 728815 7-Dec-2012 23:50
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boby55:
mattwnz:
boby55: From what I understand in your post, You're trying to get Apple to refund you under the CGA when you brought it from a Reseller in Hamilton?


INAL but the CGA is between the retailer and yourself not the manufacture so Apple offering to repair it for free is more than reasonable.

As this fault has occurred again I would suggest taking it back to the place of purchase WITH all the documentation of repairs done and try and get somewhere with the retailer as I doubt apple will refund you directly.




I thought he said that they had gone out of businesses, but then reread it and he may have purchased it from another retailer. In that case he should go back to the retailer to sort it out. But I believe under the CGA, they can also make a claim against the manufacturer instead if they aren't getting anywhere with the retailer, or the retailer has shutup shop. Or to the importer/distributer in NZ.



The way I read it was that he brought it from a retailer then took it to totally mac to be repair who have now gone out of business not the retailer.


Sorry, to clarify; I purchased from Heathcote Appliances Hamilton. It was serviced at Totally Mac Hamilton. (now closed)

Have not been dealing with Heatcotes, upon first instance of the fault they told me it is quicker to log the fault online directly with Apple so I did. (TBH would rather not deal with them over repair/service issues)

So have been dealing with Apple & Totally Mac for issues relating to the machine.

Was also my understanding I can take up such issues/disputes with the manufacture if I choose to do so?


Thanks for the replies.

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  Reply # 728839 8-Dec-2012 01:43
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firefuze: 

Was also my understanding I can take up such issues/disputes with the manufacture if I choose to do so?


Thanks for the replies.


If the retailer is still there, you are best to go back to them. They shouldn't have really told you to go to apple, they should have managed it themselves, especially if it is hardware related, as they are required to handle it under the CGA. I think 4 chances to repair it though is ample opportunity.

gzt

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  Reply # 728851 8-Dec-2012 08:35
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firefuze: 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.


Apple did not perform any of the previous repairs.

My understanding is you must claim under CGA through the retailer. It is a year since the superdrive replacement.

I can see how this would be annoying and you have no confidence in drive replacement but Apple did not perform the last drive replacement. Let Apple do this repair. That would be my call on it.



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Ultimate Geek
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  Reply # 822108 19-May-2013 20:00
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Just to update, ended up lodging my issue with the Disputes Tribunal, Apple then contacted me directly and offered a settlement before the scheduled hearing. Just happy my issue has now been resolved. Cant disclose settlement details.

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