What is Apple's stand regarding OWC offering to exchange the CPU in a new MacPro 2013?

They quote the "Magnuson Moss Warranty Act" which in the USA states that a manufacturer cannot force his customers to use only the replacement parts he sells.

That just means Apple can't legally require only Apple-branded and -manufactured components can be used. Hard drives, memory and many other components are made by other companies and used by Apple, and can be used in Apple computers.

It doesn't mean that non-authorized third-party service has to be included or covered by Apple's warranty terms. If OWC is not an offically Authorized Apple Service provider, no repairs/replacements/modifications they do are required to be covered by Apple. Keep in mind that OWC may have their own warranty and coverage terms on their services, which may or may not offer repair or replacement even if Apple's warranty is void.

Apple has not made any public statement that I've seen, and won't do so here, these being user-to-user support forums.

While OWC says that the exchange of the CPU is performed by "highly skilled Apple technicians", even if we accept this, those technicians are not doing it in the name and as employees of Apple but working for OWC.

That would correct. The technicians may be certified by Apple for doing Mac repairs, but the technicians will not be Apple employees.

The second point difficult to understand is that such an entire coverage of a modified MacPro would mean being able to replace if necessary ANY PART in one of these new machines, something only possible if Apple delivers to OWC whatever they need. I hardly believe that they could get by themselves any and every part of such a new computer bypassing Apple. Surely Apple has exclusive agreements with the suppliers of at least most of the parts needed to assemble a new MacPro.

OWC is not using any Apple-provided parts. They are getting processors from other suppliers.

The normal legal stance, at least in the US, is that a manufacturer cannot refuse warranty service due to a third-party or user modification unless that modification can be shown to have led to the problem. So whether Apple would refuse or accept warranty on a modified Mac Pro would depend entirely on what the problem is, but this is what OWC is referring to.

I very much doubt that Apple will make any statement on the issue other than to direct the user to the official warranty statement. For the US, see:

http://www.apple.com/legal/warranty/products/embedded-mac-warranty-us.html

but if they do choose to make a statement, it will not be here in these forums.

Regards.

OWC has been a supplier of aftermarket Mac enhancements and Processor upgrades for a long time. Their support tends to be pretty good, and the one thing they do that "saves the day" is this: If they cannot get it working, they will back out the changes and refund your money.

The upgrade processors will not be "genuine Apple" parts. OWC can and does buy and install other genuine Apple parts to satisfy warranty claims against Macs covered by OWC-extended warranties.

If you present your Mac to Apple for warranty service, and do not mention that the processor was upgraded, they may not notice unless the upgrade did damage to the Processor socket.

It is all very nice that OWC cites trade and warranty laws in defense of their modifications, but if yours is the unit refused service by Apple, you may have to sue Apple to get them to honor the warranty. That could take years and cost tens of thousands of dollars.

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Apple does not have enough control over third-party modifications to endorse them. If that is what you need to feel good about buying this upgrade, don't buy it.

I would be surprised to hear that Apple sells them some special parts which are quite different and non standard in the "End 2013" new MacPro, like for instance the GPUs or even the special fan.

Apple does not. Any such parts that OWC is getting, they get from somewhere else. If OWC is an authorized Apple service center, which I doubt but cannot say for sure, they could get stock parts from Apple, but Apple is not going to provide OWC nor anyone else with any sort of custom parts.

I still believe that Apple should inform those tempted by OWC of all the consequences regarding losing Apple's coverage by performing such a modification non agreed by Apple

Apple does make such a statement, in the warranty terms. Quoting in part from the US warranty terms:

This Warranty does not apply: ... [text removed for brevity] ... (g) to an Apple Product that has been modified to alter functionality or capability without the written permission of Apple;

That's all they are legally obliged to say, and all that their legal department will probably allow them to say given the laws in the US.

Anyone who has any company, even an authorized Apple service center, do modifications to any Apple products must be aware of the risk that there may be negative warranty implications.

Regarsd.

People have been upgrading processors on Macs on their own as long almost as the SE/30 for me and before. They are just processors, often fully certified and warranted by the seller like Sonnet or MacSales and may have warranty from Intel or the maker.

Nothing new today. The SE/30 40MHz upgrade was about $1000 using Motorolla socketed 68030.

No... W3680 cpu cheap easy DIY even to go from 4,1 to 5,1 firmware.

3rd party SSD must also fall into your "well Appke doesn’t" category and those need furmware updates as well.

Bugs in OpenCL and Adobe are whose fault?

D7sagree with your premise entirely.

G5 was first and almost only time processors were not customer install upgrade oarts.

Apple will not suppoort any warranty reapirs relating to any modifications done to the machine. In addition, their terms state they can exchange the machine for a replacment.

So if you buy a quad core, spend $5000 to upgrade to a 12 core CPU and bring it to apple for some kind of warranty repair....don't be shocked if you get a blank quad core machine back.

Riwam wrote:

As to myself I would never take the risk of having any third part company modify any genuine Apple product belonging to me as long as it is covered by Apple.

Once the coverage is finished, every user can do what he wants with it, at his own risk...

That is very poor thinking. Any repairs nessassary due to modifications will cost you to fix it no matter if the Mac is 1 day old or 10 years old.

I am therefore waiting for a urgently needed clarification of this matter by Apple.

No need to wait, no clarification needed. Just read the Warranty.

This Warranty does not apply: (a) to consumable parts, such as batteries, unless failure has occurred due to a defect in materials or workmanship; (b) to cosmetic damage, including but not limited to scratches, dents and broken plastic on ports; (c) to damage caused by use with another product; (d) to damage caused by accident, abuse, misuse, liquid contact, fire, earthquake or other external cause; (e) to damage caused by operating the Apple Product outside Apple’s published guidelines; (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”); (g) to an Apple Product that has been modified to alter functionality or capability without the written permission of Apple; (h) to defects caused by normal wear and tear or otherwise due to the normal aging of the Apple Product, or if any serial number has been removed or defaced from the Apple Product.

(my emphasis.)

Eustace Mendis wrote:

No need to wait, no clarification needed. Just read the Warranty.

Except, due to the Magnuson Moss Warranty Act, that clause would not hold up in court. If it were that easy to deny warranty coverage auto manufacturers would have put that wording into new car sales contracts decades ago.

You may have to sue Apple to get them to honor the warranty. That could take years and cost tens of thousands of dollars.

What you want is the ability to apply pressure with a believable threat of suit, not to be the guy who actually has to bring that suit and pay that legal bill.

Grant Bennet-Alder wrote:

You may have to sue Apple to get them to honor the warranty. That could take years and cost tens of thousands of dollars.

That is why Apple put that clause in their contract. Cars cost many times more than computers, frequently break and require frequent maintenance, thats why auto makers can't sneak such wording into their contracts.