Totally true, however for items still within the agreed 12 month or longer warranty period consumer law speaks very plainly. The retailer is the responsible person.
The Takata airbag issue is certainly different in that it creates an added safety hazard. Might failure of a percentage of air bags to inflate after 5 or more years have raised a similar response?
That the expert motorists clubs like the RACQ and NRMA did not lead the charge on Takata suggests that as consumers with cars, we should simply accept that airbags age and need relpacement before they become unreliable?
I was recently informed by a national auto service provider automotive tyre only have a safe life of 5 years, irrespective of use. Are we too hard on retailers and asking too much that they really only want the best for us? Just keep paying and trusting!
I have also been impressed with the service from Apple, my home has many Apple products.
Only once was it not fully satisfying:
I bought a MacBook from the online store, it developed a major fault under warranty, I tried to take it back to my local Apple store but was advised it had to be returned to the online store (which I think is silly, and the store staff agreed). Apple did pay for all postage though which was excellent.
End result, brand new MacBook delivered.
The process could of been less messy with less phone calls needed.
I’ve had great experiences with Apple itself (not so their local agent in my regional centre… but as soon as the dingbats here send it on to Apple its great). My Apple watch 3 was a month or two out of warranty when it developed water damaged. Bear in mind, this is a watch marketed for use when swimming…
Apple replaced. Was impressed.
Had a warranty claim on a product purchased from Myer online late last year, a Tefal FryDelight air fryer. The coating on the pan began to disintegrate. Myer gave me a return shipping label, and had actually shipped the replacement to me before I had found a box big enough to put the original one in…
(Replacement has started to develop the same problem so it might be a known issue with that)
The partner has an iPad5 that developed an intermittent charging fault after 2 1/2 years. The Apple Store checked it out and confirmed a hardware fault. The Apple warranty was 12 months and they apparently have a default position re the ACL that case dependent seems to give some discretion but ‘we’ were beyond that leeway. The ‘repair’ solution was $380. The staff at the Apple Store (Doncaster) were very good and when broaching the ACL they advised I should contact ‘legal’ to see if they would override and authorise the repair, and told me how.
Ringing the switchboard instead of ‘legal’ they routed us to a ‘case manager’ in New Zealand who knew nothing about the ACL, and did what amounted to a 2 hours song and dance of time wasting, bordering on being insulting although he was professional throughout.
Since the iPad was purchased at Myer that no longer sells Apple or electronics we decided to see if Apple would help via the ACL. I drafted a well documented letter explaining why we were approaching Apple not Myer and sent it off to the MD by email.
Not having any auto-receipt or acknowledge for the day I expected the email got blocked, but. A staff from the MD’s office rang from Singapore and went over the case, asked some questions about the basis of my ‘claims’, and over the next days rang multiple times; short story is he a did brilliant job arranging the repair. When I walked in to the agent with the unit they knew I was coming, all the ‘paperwork’ was in order, and no hassles. 3 days later a reman (‘repair’) was in my hands.
There are apparently some issues with the ACL getting a reman rather than a repair of the original unit re ongoing warranty but at the end of the day we are very happy how Apple stepped up and the outcome was 100% satisfactory.
I’ll give a +1 to Choice’s recent survey report on satisfaction with Apple service, although for that case manager in New Zealand, not so much.
Here’s a story that was sent to us by a CHOICE reader that we thought you might find useful.
At the beginning of November 2020, CHOICE member Jackie’s MacBook Pro suddenly showed a vertical band across the screen. She took it to an Apple Store, where she was told that because it was a few months out of warranty, she’d have to pay more than $900 to have it fixed – or “upgrade” to a MacBook Air for just over $1700. For work reasons, Jackie was pressed for time and options, so she chose to buy the new product. But she wasn’t happy: “I am extremely upset that I had to buy a new product, and that the price of fixing my ‘old product’ was so expensive,” she wrote.
Jackie wanted to know what her rights were, and what she could do to get Apple to fix her original computer or replace it free of charge. Under the consumer guarantees of the Australian Consumer Law, goods bought come with automatic guarantees that they are of “acceptable quality”, meaning they should be safe, durable and free from defects for a reasonable period of time. The consumer guarantees are separate from the manufacturer’s warranty and may still apply, even if the product’s warranty has already expired.
We suggested Jackie contact Apple once more with a formal complaint letter or email, and mention that she believes the laptop does not meet the consumer guarantee of “acceptable quality”, and that she would like it repaired (if repairable) and replaced (if not repairable) under the consumer guarantees of the Australian Consumer Law. We suggested she include that she would like a resolution within a few business days and that if they don’t respond, she intends to lodge a complaint with the Office of Fair Trading.
We’re happy to report that Jackie has since had a very successful outcome. “Helping me understand my customer rights, having your back-up, and having a product that had been well looked after, all helped in my favour,” she writes. “Thank you for your support. Now I know why I subscribe to CHOICE!”
It is clear in this particular situation, that an expired warranty is not necessarily a reason to deny one’s rights under the law.
Most of the “geniuses” at Apple Stores only know the basics. It always pays to speak to someone higher up, and, of course, it also helps if you already know about the ACL.
Not repairing for a reasonable cost and upselling to new is Apple’s business model. They even are going to great lengths to prevent right of repair, which is them preventing independent repairers fixing their products. There are some great videos here from a repairer that explains what Apple get up to in order to prevent repairs so that they can force buyers to purchase new. https://www.youtube.com/channel/UCl2mFZoRqjw_ELax4Yisf6w
Ive made a number of post-warranty claims with Apple. Each time the same pattern plays out, they say ‘its out of warranty’, I reply its only a few months out if warranty and is therefore still covered under Aust Consumer Laws.
As soon as you mention ACL, they cave, knowing its an fight they probably cant win (within reason).
Got an 2yo iphone fixed under that; and a 15-month old iPad. But if its say, a $3000 iMac, the real warranty could he as much as three years, you could argue with them!
Yes, so their warranty (unless you pay up for Apple Care) is 12-month. My experience is Apple never mention the ACL option unless you do, then they concede it.
In first instance they stand by the 12-month warranty to avoid repairs, until you press the ACL point.
It’s Apple’s document I posted. Apple very clearly state they are providing 24 months or longer warranty in Australia. There is no need to press the point of the ACL. It’s what Apple have legally agreed to.
It suggests Apple-Care is of limited value for some.
I recollect several recent purchases having a manufacturers universal warranty booklet in the sealed and OS made packaging, plus an additional warranty note specific to Australia. I can’t confirm if Apple includes the revised warranty details with current purchases. It would be misleading not to. The ACCC and Apple agree.
“Apple Limited Warranty
2 years from date of purchase for Apple Watch Edition 1 year from date of purchase for all other Apple products”…
Apple setting a 24-month ACL warranty in addition to that is an arbitrary timeframe, and doesn’t mean anything. They are accepting that they wont argue with you up to 24-months because of ACL, but beyond that they might. Though, if you bought a $5,000 Mac Pro and it needed repair after 26-months, I’d be insisting they repair it under ACL!
The example of the recent post from ‘jzarate’ shows we, sadly, still have press that point with Apple, and they don’t volunteer that when you are out of warranty.
It’s not Apple. It’s an undertaking reached with the ACCC that dates from 2013.
We might need to disagree whether a court enforceable undertaking has any meaning.
Does Apple offer anything significantly different/extra to the requirements of the ACL, under it’s standard for International warranties?
It would seem more useful for consumers to be made aware that Apple has committed to provide a 24 month or longer warranty period. Semantics, the 12 month warranty is extended by ACL, and as pointed out may extend well beyond 24 months.
And would quite likely get it for many products. Australian Consumer Law allows companies to offer warranties, but also specifies consumer guarantees which “apply for a reasonable time depending on the nature of the goods or services”.
In other words, you would not expect milk to be warranted as fit for use for twelve months - but you might reasonably expect a high-end electronic device to be fit for use for at least four or five years. In fact, I think there is still a requirement on car makers and importers to supply parts for a certain number of years after sales of a model cease (although my searches for details have failed to find anything other than a US ‘urban myth’ requiring parts to be supplied for ten years).
From experience if one cites sufficient evidence a product life expectancy is say 4 years, and it fails at 3, the consumer can prevail even if the warranty is 3 months.
