cornelius wrote:
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pw
Every polycarbonate-shell MacBook has had a "user serviceable" hard drive.
I have no argument with that. I have swapped out HDDs in iBooks, PowerBooks, MacBook Pro, and I am aware that the MacBook is easier than all of those with the possible exception of the PowerBook G3. However, that is not what I said. I wrote: "user serviceable, for purposes of the warranty," and that is the question. Whether one should try to sneak one by the Apple techs and whether it can be argued in court or wherever, my advice is to check with Apple. If they say your warranty will be voided, you may choose to go ahead and do it anyway, but you do so at your own risk. It is not in our place to counsel users to do something that is legally questionable, at best.
Again - "user serviceable" has a very limited definition in the warranty and it only applies to Apple's remedy when certain parts fail (i.e. replacing damaged memory or batteries).
I mention it because I know the legal recourses from the Magnuson-Moss Warranty Improvement Act of 1975. No manufacturer selling in the US can provide a warranty and condition that service can only be performed by "authorized" dealers or specific parts without providing that service and/or parts for free. Apple's warranty terms seem to be couched with this and other countries' warranty regulations in mind. They also mention that laws in different countries can give additional protections that aren't specifically stated in the warranty terms. The warranty itself does not differentiate between the recourse for "user serviceable" upgrades or not. It does mention that damage "caused by" non-Apple service personnel isn't covered by the warranty. We've all understood this to mean that even supposedly "user serviceable" installations like RAM or hard drives that are messed up and cause damage aren't the responsibility of Apple to repair.
http://images.apple.com/legal/warranty/docs/cpuwarranty.pdf
This warranty does not apply: (f) to damage caused by service (including upgrades and expansions) performed by anyone who is not a representative of Apple or an Apple Authorized Service Provider (“AASP”).
What I'm saying is that the warranty terms (and I've gone through them thoroughly) don't differentiate between "user serviceable" parts when it comes to Apple's obligations under its warranty coverage for damage caused during servicing. It does mention that some repair parts that Apple considers "user serviceable" may be shipped as a replacement part as part of the warranty coverage - for user installation. It also implies that it considers damage cause by Apple personnel or AASP personnel to be specifically covered under warranty. I mentioned the Magnuson-Moss Act:
http://www.autosafety.org/the-magnuson-moss-warranty-act–-an-overview
Here's an article on how it applies to servicing (this publication is about motorcycles):
http://www.sportrider.com/features/1460404_magnuson_moss_warrantyact/index.html
In addition--and this is an important aspect of the law--to flatly deny warranty coverage the manufacturer must prove that you have done something to cause the problem. It's not up to you to prove that you have not. It's two different things to have the service writer say you're at fault and to have a large manufacturing concern go on record that you did the deed. Unless there are significant cases already on the books and the manufacturer can produce a genuine engineering study indicating that, say, your combination of pipe and chip will cause engine damage, you still have a strong argument.
And from the Federal Trade Commission:
http://www.ftc.gov/bcp/edu/pubs/business/adv/bus01.shtm#Magnuson-Moss
*"Tie-In Sales" Provisions*
Generally, tie-in sales provisions are not allowed. Such a provision would require a purchaser of the warranted product to buy an item or service from a particular company to use with the warranted product in order to be eligible to receive a remedy under the warranty. The following are examples of prohibited tie-in sales provisions.
"In order to keep your new Plenum Brand Vacuum Cleaner warranty in effect, you must use genuine Plenum Brand Filter Bags. Failure to have scheduled maintenance performed, at your expense, by the Great American Maintenance Company, Inc., voids this warranty."
While you cannot use a tie-in sales provision, your warranty need not cover use of replacement parts, repairs, or maintenance that is inappropriate for your product. The following is an example of a permissible provision that excludes coverage of such things.
"While necessary maintenance or repairs on your AudioMundo Stereo System can be performed by any company, we recommend that you use only authorized AudioMundo dealers. Improper or incorrectly performed maintenance or repair voids this warranty."
