manufacturer's defects

Question

Level 1

0 points

manufacturer's defects

I purchased a new macbook pro in december 2009, to replace a 3 1/2 year old macbook pro that was on it's last legs. I could have had my previous machine repaired, but I decided it was time to get a new one, anticipating that it would be less of a headache. But I was wrong-
When my computer was less than two months old it began to have these problems:
- randomly shutting down, while on battery power and while connected to power source
- not immediately responding to the power button, following shutting itself off
- Signaling that it was not recognizing my battery, although it would work for a bit on battery power before randomly shutting down
- the fan would not turn off
- time and date would immediately be reset each time the machine was turned back on

I took it into the apple store and was told that it was a problem with the logic board, and that they'd replace it along with the battery and the power cable. There was absolutely no accidental damage on the machine.

While waiting for the parts to come in (which, might I mentioned were quoted to come in in two days, and that i'd be contacted immediately, but i finally called after four days and the parts had been in, but no one had called), the problems only got worse and worse, and the shut downs more frequent etc.

When I bought the machine in for the repairs, I mentioned that the fan problem had gotten worse. To which they told me that they would need to order a new fan, and thus keep my computer for even longer (than the 5 days quoted to fix the logic board). Although I had discussed the fan issues with the apple genius, he had not deemed it necessary to order a new fan at the time, which he should have.

My machine is still in repair, and when I called today for an update, I was told that while replacing the logic board they'd discovered that the microphone needed to be replaced (a problem I hadn't encountered, as I had not yet had reason to use it), and they'd also have to wait for that part to be ordered in order to finish the repair.

I am convinced that even when all these repairs are done, the computer will still have glitches and require more repairs in the near future. Despite my frustrations about this, everyone I spoke to at the apple store basically laughed in my face when I demanded it be replaced entirely.

I've already looked into my credit card company policy, which protects purchases within 90 days from accidents, vandalism or theft, but not "manufacturer's defects" as they deemed my problems.

Who can I demand a new computer from? At what point in the process of replacing parts on a 2-month-old computer does Apple deem it a Lemon?

Macbook pro (13-inch, mid 2009), Mac OS X (10.6.2), purchased on december 1, 2009

Posted on Feb 3, 2010 2:48 PM

Reply

Answer 1

eww

Level 9

53,040 points

Feb 3, 2010 2:59 PM in response to summer2210

Who can I demand a new computer from?

Only from Apple. But don't bother — you won't get one. You haven't even given Apple a first chance to make your computer right under your warranty. You've already concluded, on the basis of nothing at all, that they can't do it. Neither Apple nor any other manufacturer is likely to respond well to such presumptuous disdain.

Apple will replace any computer that fails to meet its owner's expectations within 14 days of its purchase. After that, Apple repairs malfunctioning computers instead of replacing them. If several successive repairs of the same problem fail to get the machine working properly, Apple may, in its sole discretion, replace the machine. In about 14 years of daily reading and posting on these boards, I've never heard of Apple replacing a computer on the basis of a story like yours.

Reply

Answer 2

summer2210 Author

Level 1

0 points

Feb 3, 2010 3:37 PM in response to eww

I understand that I have yet to give Apple a chance to fix the computer (i.e. replace 6 parts, as the airport now might need replacing). But, I have not at all concluded that it cannot be fixed. My reason for concern is that in the two months that I have had the computer it has not incurred any accidental damage. It has not been dropped or banged around. It has either stayed put on desk at home, or been carried (in both a hard shell case and neoprene case) to a class or the library. Additionally, It has only ever been plugged into a surge protector. Thus, the computer must have had defect(s) upon purchase. When you have a brand new computer, you do not and should not expect immediate problems, or to be without it for almost two weeks as a college student.

With any other type of product, the manufacturer or store of purchase, would replace the item.

Reply

Answer 3

eww

Level 9

53,040 points

Feb 3, 2010 3:43 PM in response to summer2210

You wrote:

I am convinced that even when all these repairs are done, the computer will still have glitches and require more repairs in the near future.

And then you wrote:

But, I have not at all concluded that it cannot be fixed.

Which of these guys is the real you?

With any other type of product, the manufacturer or store of purchase, would replace the item.

Tell Apple. Good luck to you.

Reply

Answer 4

Travis A.

Level 6

14,985 points

Feb 3, 2010 7:47 PM in response to summer2210

The long and short of this story is that you have to give Apple the chance to fix the computer.

If it comes back to you a second time and the same problems occur (which is quite doubtful) then you can begin to think about requesting a replacement.

I had a troublesome iMac from early 2008 that had fan (logic board) issues. The logic board was replaced once and the problem recurred within one month. I took it back to the AASP (we don't have an Apple store here, unfortunately) and the machine sat with them for more than 3 weeks while they "diagnosed, ordered parts, and repaired" the machine. After the third logic board came and was installed without fixing the problem, I asked for the Case # that the store was using for the repair process, and personally got on the phone with Applecare and told them of the situation. After three logic boards and nearly 6 weeks without the machine I requested that the machine be replaced because I had lost confidence in its continued reliability, even if the 4th logic board (that I'd have to wait another 2 weeks for) fixed the problem. Apple agreed wholeheartedly with that assessment and offered to replace the machine no problem.

Would I have gone to them for a replacement after the first problem? Not a chance; that sort of temerity runs the risk of getting "looking for a free computer" written on my Applecare case #. You have to work with Apple and give them a chance. After all, you have probably a 95% chance that the computer will work flawlessly when they return it to you. Be patient. I know it's tough, but you have little other recourse at this time.

--Travis

Reply

Answer 5

carl wolf

Level 6

14,631 points

Feb 4, 2010 2:03 AM in response to summer2210

"It has not been dropped or banged around."

You mentioned that a couple times, and I'm wondering who you are trying to convince. Regardless, if Apple thought your computer had been accidentally damaged, it would not be repaired under warranty.
Too, what is your technical question? Apple will not allow you to do several things on this forum, and "whining about Apple policy" is one of them.

Reply

Answer 6

Feb 4, 2010 2:24 AM in response to summer2210

Personally I'd try and become familiar with my local consumer protection laws. The laws exist to both protect and guide the consumer, although they can do nothing to protect you from yourself.

Apple almost always exceeds the consumer protection guidelines as established by the local authorities.

Reply

Answer 7

JoeyR

Level 6

8,305 points

Feb 4, 2010 5:44 AM in response to summer2210

The warranty does not cover accidental damage. You would be able to expect to be paying for any repairs had that been the case. Should you "expect" to have problems with a new machine? Of course not... and most people won't. Does it su*k when you do? You betcha! The warranty is in place just for that purpose. If something doesn't work properly, they'll repair it. If you buy a new car and the radio in it doesn't work, you wouldn't expect them to give you a new car. In your case, it's more like engine problems. But even with that, you would bring the car into the dealer to have them fix the problem.

Worry about next steps after you get your machine back. It's safe to say that you'll be super critical of everything once you get it back (I would be the same way). But provided everything is resolved, and I'm confident it will be, you'll have a fully functioning machine. There is actually a benefit to having your machine thoroughly tested. You're getting new components which are basically the guts of your computer... making it for all intents and purposes, practically a new computer anyway. If they swap it out for a new one, while the odds are slim that you'll have trouble, you can always end up with a machine that has different problems.

Give them a chance to get it right. If that doesn't happen, there are steps you can take with Apple to escalate the issue.

I think sometimes we tend to be a little harsh on folks who are upset that their new machines are having problems. There is a significant and understandable emotional aspect involved. You never really know someone's circumstances. They may have been saving up for a year or more and were super excited to get their new computer... only to have it plagued with problems... that can be a big disappointment. We all have different levels of experience with these things and as we get older we tend to be less bothered when things like this come up.

Reply

Answer 8

Feb 4, 2010 11:35 AM in response to summer2210

I just love the sense of entitlement some Mac owners have...

Reply