11 Replies Latest reply: Apr 7, 2014 12:27 PM by MessyBeatz
MessyBeatz Level 1 Level 1 (0 points)

Hello all,

 

this is my first post here and would like to apologise if this has already been covered.

 

I have a late 2009 iMac 27" i5 which i purchased in March 2010 and recently (last weekend) my hard drive died. I had seen on this site that certain Seagate hard drive shipped in the late 2009 model were faulty and a free repair may be on the cards however I am 1 year late for that scheme as if ended last year April.

 

I took the iMac into apple store in Kingston on Saturday afternnoon and met with one of the Genius bar staff. The guy was very helpful and ran tests on the iMac and did confirm to me its possible this was faulty although he is surprised it lasted so long BUT he is almost certain its a faulty drive. (i didnt argue with that)

 

Now... as its outside of the scheme they will not be able to fix it free of charge and I will be looking at a fee of around £200 (roughly) BUT the guy did mention that under the "Sale Of Goods Act" i should contact the original outlet from where i got my iMac as they should be able to help further with the matter.

 

(is this correct?)

 

Moving on I contacted them today and they are stating that unless I can prove it was faulty upon shipping there is nothing they can do... So i mentioned to the customer service guy i was speaking to that in fact an Apple rep had told me the drive could well have been faulty & I also showed him the link to this page outlining that my model was indeed part of this bad batch >>> https://www.apple.com/uk/support/imac-harddrive/

 

I asked is this not sufficient enough evidence and the agent stumbled and just went on to keep saying "there is nothing we can do"

 

So the question is.... Do i have any rights to pursue this or am I wasting my time?

 

hopefully somebody can shed some light on the situation.

 

thank you in advance

 

James


iMac, OS X Mavericks (10.9.2)
  • WZZZ Level 6 Level 6 (12,640 points)

    I would contact Apple customer service and explain the situation. I do know of at least one case where, even though the repair extension had expired, a user successfully argued that he should not be penalized simply because the part in question lasted longer. And elevate as necessary, but politely.

  • seventy one Level 6 Level 6 (10,405 points)

    You might take a look at this from this Apple document.

     

    Apple (United Kingdom) - Legal - Apple Products and EU-wide Consumer Laws

     

     

    * This page has been prepared by Apple and its contents are not endorsed by any third party.

    1. In most EU member states, consumers may only claim for defects that were present on delivery. There are some exceptions, including Czech Republic and Romania. The burden to prove that the defect (including latent defects) existed on delivery generally shifts to the consumer after the expiry of a period of 6 months from date of delivery. Examples of countries where the burden of proof does not shift include Czech Republic, Portugal and Romania. Please contact your local European Consumer Centre for details of the position in your country. During the claim period (see above), consumers may claim, among other things, free repair or replacement where a product does not correspond to the contract. Some EU member states, including Finland, Ireland, UK, Netherlands and Sweden, have a claim period that is longer than 2 years from date of delivery. Please contact your local European Consumer Centre for details of the position in your country.

    I'm not sure if by European consumer Centre the Trading Standards people in the UK would have any say but the Sale of Goods Act is civil law and it's your responsibility to enforce it.

  • MessyBeatz Level 1 Level 1 (0 points)

    thank youfor your reply. I am currently speaking with them on the phone now.

  • MessyBeatz Level 1 Level 1 (0 points)

    thank you also. i did actually mention this to them. lets see what happens

  • seventy one Level 6 Level 6 (10,405 points)

    Do keep us advised anyway.  It may be helpful to others.

  • andyBall_uk Level 7 Level 7 (20,495 points)

    >>BUT the guy did mention that under the "Sale Of Goods Act" i should contact the original outlet from where i got my iMac as they should be able >>to help further with the matter.

     

    Good advice from WZZZ & seventy one.

     

    If you have no joy with Apple, the suggestion re SOGA is valid, although it might usually be a stretch to say that a failed drive after 4 years meant that the computer was unfit, or not of reasonable quality. However, if yours was one of those covered by Apple's replacement program, that would probably strengthen your case.

  • MessyBeatz Level 1 Level 1 (0 points)

    UPDATE:

     

    I was on the phone with Apple for almost an hour going back and forth between 3 agents and finally came to a conclusion that as good will gesture they will cover the costs of this repair for me, so there will be nothing to pay when I go to collect my unit.

     

    Happy days.

  • Ludeth Level 1 Level 1 (80 points)

    Just in case anyone stumbles across this, your milage may vary. It usually depends how nice you are!

  • seventy one Level 6 Level 6 (10,405 points)

    So pleased to read that.   We see so many unreasonably strident hits on Apple that when something like this occurs it justifies our faith.   Thank you for the star.

  • WZZZ Level 6 Level 6 (12,640 points)

    Very cool.

  • MessyBeatz Level 1 Level 1 (0 points)

    Yeah I agree it was very nice of them to sort this out for me. I was polite indeed and the 3 agents that was dealing with this were very friendly and helpful. I have read some nightmare stories regarding Apple and their customer service but luckily all went well for me.

     

    Also thank you to everyone who replied here too.