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kiwind

74 posts

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#119503 3-Jun-2013 20:58
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Hey guys

Looking for a bit of confirmation about consumer laws in NZ.

I've got an iMac which is now 2 years old (i.e. a year out of warranty) and is having hardware problems.  This is the second problem, the first being fixed under warranty as it happened within a year.

Apple Care are reluctant to cover any repair cost as it's outside warranty period, but I am continuing to discuss with them.

My understanding is that consumer law in NZ protects me in this situation, as I should have reasonable expectation that the iMac which cost $3,500 has a longer than 2 year life.  In this case, Apple should be paying for the cost of repairs.

Has anyone had any experience of trying to get these sorts of things agreed by manufacturers when outside their normal warranty period?

Thanks

Andy

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johnr
19282 posts

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  #830232 3-Jun-2013 21:05
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Where was it purchased from?



kiwind

74 posts

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  #830234 3-Jun-2013 21:08
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Purchased from Apple's own NZ online store.

billgates
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  #830241 3-Jun-2013 21:18
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You are well covered under the consumer guarantees act (CGA) providing the issue was not caused by you (impact damage, water damage etc).

I have twice now successfully had apple to repair/replace 2 different iPhones for 2 different people under the CGA.

The first iPhone 5 was a month old. It was dropped by the owner and thus the bottom part of the phone's back panel had a cracked glass. Owner rang apple and was advised that they can replace the iPhone 5 to another refurbished model for $400+ odd. I rang apple and told them that the truth is that, they will be sending this iPhone 5 to their factory in China and have the back glass panel at the bottom for $1 so NO, I am not paying $400 to have the phone replaced. You have to fix this for a reasonable cost which is not $400 for something this minor. They replaced the phone with another for free of charge when I mentioned CGA.

The second was an iPhone 4S that was purchased second hand from Trade Me. Work mate updated it to the latest iOS6 and the WiFi card stopped working altogether It was a known issue with certain chipsets that some of the earlier iPhone 4S used. He rang apple and was told that it was 109 days out of warranty and the mate also told them that the back was also completely shattered which it was when the phone was bought off Trade Me. Apple told him the same old it will cost $400+ to have it replaced when it was their iOS update that made the Wi-Fi card stop working. I took it over and mentioned CGA which is the Australian manager was un-aware of and told them that NZ law > whatever apple has in place. He too also got a free replacement iPhone 4S for free of charge that had a completely shattered glass at back and 109 days out of warranty second hand purchased from Trade Me with no receipt.

Do not take a NO from them. This should be an inspiration for you. If you are in Hamilton. I am more than happy to do this on your behalf.




Do whatever you want to do man.

  



kiwind

74 posts

Master Geek


  #830244 3-Jun-2013 21:23
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Great information thanks.  And I'm asking much less than you as there is no damage to the machine, it's just stopped working properly.

Will keep the pressure on them - latest suggestion is that they will cover parts costs, but not labour. I've said that's not acceptable but so far they're not budging.


billgates
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  #830245 3-Jun-2013 21:27
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Ask to speak to a supervisor. I noticed in both instances that the CSR call went to US and when they transferred to a supervisor/manager it then went to someone both times in Australia. Mention CGA and tell them that how you are covered under the NZ law and that whatever apple has in place for their warranty obligations as a company means nothing. Threaten them with a disputes tribunal case.

If they still don't budge. File a disputes tribunal case. You will win.




Do whatever you want to do man.

  

casewindow
310 posts

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  #830247 3-Jun-2013 21:33
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Keep the pressure up.

I have not had to deal with apple, but I have had to deal with many other companies (both NZ and big multinationals) regarding CGA repairs.

It is really unfortunate that they can bully consumers into thinking they do not have rights. However, from experience, continued pressure will work.

If it doesn't then you can file for a disputes tribunal hearing online (make sure you have all the necessary paperwork (e.g. receipts etc.)). I have heard that companies also tend to give in once they receive the tribunal summons. However, at this point you're going to have to up the ante and demand they also refund the cost of the tribunal (as this cannot be awarded if you win, from memory)

I have *not* had to go this far, but in all my other endeavors to finally get companies to meet their obligations under the CGA I have kept records of who I have spoken to and when and what the outcome was which helps in later calls by referencing this information as you start to convey a picture of organisation in your approach which I may help them realise you're not going to be fobbed off.




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CYaBro
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  #830251 3-Jun-2013 21:40
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billgates: You are well covered under the consumer guarantees act (CGA) providing the issue was not caused by you (impact damage, water damage etc).

I have twice now successfully had apple to repair/replace 2 different iPhones for 2 different people under the CGA.

The first iPhone 5 was a month old. It was dropped by the owner and thus the bottom part of the phone's back panel had a cracked glass. Owner rang apple and was advised that they can replace the iPhone 5 to another refurbished model for $400+ odd. I rang apple and told them that the truth is that, they will be sending this iPhone 5 to their factory in China and have the back glass panel at the bottom for $1 so NO, I am not paying $400 to have the phone replaced. You have to fix this for a reasonable cost which is not $400 for something this minor. They replaced the phone with another for free of charge when I mentioned CGA.

The second was an iPhone 4S that was purchased second hand from Trade Me. Work mate updated it to the latest iOS6 and the WiFi card stopped working altogether It was a known issue with certain chipsets that some of the earlier iPhone 4S used. He rang apple and was told that it was 109 days out of warranty and the mate also told them that the back was also completely shattered which it was when the phone was bought off Trade Me. Apple told him the same old it will cost $400+ to have it replaced when it was their iOS update that made the Wi-Fi card stop working. I took it over and mentioned CGA which is the Australian manager was un-aware of and told them that NZ law > whatever apple has in place. He too also got a free replacement iPhone 4S for free of charge that had a completely shattered glass at back and 109 days out of warranty second hand purchased from Trade Me with no receipt.

Do not take a NO from them. This should be an inspiration for you. If you are in Hamilton. I am more than happy to do this on your behalf.


Well in both those cases I would say Apple have given excellent customer service as both times the phones had physical damage and that is not covered by any warranty or the CGA.
They could have stuck to their original answer of NO and, if you had decided to take it further with the small claims court, I would say you would have lost both times.

That being said, if they are willing to help even when units have physical damage then the OP should definitely follow up with Apple. 




Opinions are my own and not the views of my employer.


 
 
 

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billgates
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  #830257 3-Jun-2013 21:50
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CYaBro:

Well in both those cases I would say Apple have given excellent customer service as both times the phones had physical damage and that is not covered by any warranty or the CGA.
They could have stuck to their original answer of NO and, if you had decided to take it further with the small claims court, I would say you would have lost both times.

That being said, if they are willing to help even when units have physical damage then the OP should definitely follow up with Apple. 


The 'excellent customer service' was provided when I was asked what CGA is and what it stands for. Then I was put on hold while the supervisor/manager put me on hold so that he can quickly look up on CGA and what it offers.

In the first instance of cracked glass at the very bottom and back side of iPhone 5 which is a 10 cent part to replace for Apple, the owner was asked for $400. This is beyond reasonable repair cost. So No, would not have lost the case in court.

In the second instance, the completely shattered glass at the back of iPhone 4S did not make the Wifi card stop working. It stopped working after the iOS6 upgrade. Prior to the that the Wifi card was working fine with the shattered back. There is a long thread on official Apple forum outlining this issue with older iPhone 4S hardware that have this issue. So NO, a company releasing a software update crippling their own hardware even with a shattered back glass would have been a win in court.




Do whatever you want to do man.

  

mattwnz
20141 posts

Uber Geek


  #830270 3-Jun-2013 22:54
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billgates: ut on hold while the supervisor/manager put me on hold so that he can quickly look up on CGA and what it offers.

In the first instance of cracked glass at the very bottom and back side of iPhone 5 which is a 10 cent part to replace for Apple, the owner was asked for $400. This is beyond reasonable repair cost. So No, would not have lost the case in court.



I agree. Reqpirs have to be a reasonable cost, and the manufacturer does have to retain spare parts for repair. If they are sending them overseas, and are switching it fo a refurbishment model, then $400 is far too high. Also they have to be durable for the purpose they were purchased for. 
$150 maybe a more acceptable fee. In the US in their apple stores, I have heard stories of people just taking their new broken phone, and it is switched on the spot at no charge or for a low fee.

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