MACBOOK PRO - Apple confirm faulty part, but wont repair??

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Hi there,

thanks for taking the time to read my post, any help, comments or support would be very gratefully received.

The basic outline of my case is this -

* I purchased a Macbook Pro (MBP) from Apple Store Ltd.
* My MBP developed a Fault
* Apple identified the Fault as being the Graphics Chip
* The particular graphics chip used in my MBP is known by apple to have “a very high fail rate”.
* Apple refuse to repair of replace my MBP
* I contest that the MBP they sold me was not of a satisfactory quality and not fit for purpose
* I intend to pursue them under the 1979 SOGA.


On Aug 31st 2007 I purchased a Macbook Pro from the Birmingham Apple store for £1417.90. On the 4th May this year, it developed a fault which rendered the screen black. I returned it to the Apple store, when an Apple technician identified the problem as being a faulty graphics chip, specifically the NVIDIA GeForce 8600GT. He provided me with a quote for a new Logic Board (which contains the GFX chip) for the sum of £417 inc VAT. I decided to have a think about it and advised him that I would call back later in the week if I required the work carrying out.

Whilst searching the internet to check if the price I was quoted was a fair one, I came across numerous articles about problems with the NVIDIA and the MBP. After further digging I found the Apple had in fact successfully sued NVIDIA in 2008 due to the high fail rate of the chips they supplied. All MCP manufactured between 01/05/07 and 01/09/08 are fitted with the defective chip and Apple offer free replacement of Logic boards for new problems and retrospective compensation for customers who have previously payed to remedy the issue. But only for MBP less than 4 years old, at time of fault mine was 4yr 7mth old.

I returned to the Apple store where they confirmed that my MBP did in fact contain the defective chip and that the issue with my MPB was solely the failure of that chip. After numerous phone calls to their head office, the store manager informed me that they were not able to repair or replace my MBP as it was outside of their 4 year limit. After leaving the store I contacted the Apple care centre and received the same response as from the store.

I strongly believe that I have a very solid case, under the 1979 Sale of Goods Act, that the MBP they sold me was not of a satisfactory quality and that I am entitled to a replacement or refund for the whole unit. The facts are as simple as this, Apple sold me a product they know to be faulty, the known fault has occurred, and they refuse to allow me my legal rights under the 1979 SOGA.

After speaking to CAB, I yesterday sent Apple Store Birmingham a recorded delivery letter. In which I stated the facts of my purchase, I then explained how I believed they were in breach of the contract of sale and that I expected a full replacement or refund.

I understand that my MBP is reasonably old, but I contest that less than 5 years for a £1500 laptop is not an acceptable lifespan. I also strongly believe that time in this case, time is not a massive issue, the MBP was in reality Faulty from the moment I purchased it, and it just took over 4 years for the fault to affect the unit.

If anyone has any opinions to the validity of my case, past experiences with Apple or any other general advice, I’d love to gear from you.


Regards

Gareth
 
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You are outside of the warranty period. What do you expect?

As to the statement that it was "faulty from the moment you purchased it" that is 10-% off base. if it was faulty from the moment you purchased it, you would have returned it 4 years ago.

You will spend more on a lawyer than you would buying a new computer.
 

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The facts are as simple as this, Apple sold me a product they know to be faulty, the known fault has occurred, and they refuse to allow me my legal rights under the 1979 SOGA.
I am by no means a lawyer but from where I'm sitting, it doesn't appear that Apple knowingly sold you defective gear. If they did, this story would have taken on a different spin. You have to remember that this is a company that prides itself on building consumer goods that meet a rather high standard. I'm also certain that Apple would be aware of particular laws that prohibit the sale of defective goods (I'm sure the UK isn't alone in this respect).

In my opinion, four years is also long enough. I suppose Apple might have made more of an effort to reach those who had the defect but hadn't experienced it but that is of no importance at this point.
 

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On Aug 31st 2007 I purchased a Macbook Pro from the Birmingham Apple store for £1417.90. On the 4th May this year, it developed a fault which rendered the screen black.

This is a VERY well known issue that Apple had with these computers. There has been a special repair program specifically for this issue. In fact...the repair program has been extended at least once...if not twice.

As you can see in this article:

MacBook Pro: Distorted video or no video issues

Apple was repairing MacBook Pro's up to 4 years after the purchase date...whether the computer was still in warranty or not. You purchased your computer on August 31st, 2007...so 4 years for you was last August (2011).

Basically what this boils down to is timing. It's too bad that this video issue has taken this long to show up on your computer...but then on the other hand...would you really expect Apple (or any other company) to give a lifetime warranty for a computer (of course not). So free repair coverage for this computer has got to end sometime.

Go ahead and start legal proceedings if you want to...but consider that this 5 year-old (£1500 when new) computer is worth much less now...then consider how much £££ it is going to cost to pursue this legally. You'll probably find that even if you win (which is unlikely)...you're still going to be in negative figures.

Again...I sympathize with your problem. I have a 17" MacBook Pro with the same graphics hardware (8600GT)...and I at times have suspected I had an issue. But when a computer gets to be 5 years old (or any product that you've gotten 5 years of use from)...it's not the same as a product that was just purchased 3-6 months ago.

Good luck,

- Nick


p.s. I also find it VERY VERY interesting when a brand new member decides to make their very 1st post as something as monumental as suing Apple for a product defect.

Where was Mac-Forums ANYTIME between August 31st, 2007 (when this computer was purchased)...and the 4+ years since (when this computer was working fine)...that we couldn't have heard much more positive things???;)
 
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You are outside of the warranty period. What do you expect?

As to the statement that it was "faulty from the moment you purchased it" that is 10-% off base. if it was faulty from the moment you purchased it, you would have returned it 4 years ago.

You will spend more on a lawyer than you would buying a new computer.

Thanks for your thoughts, I'd suggest that a warranty period ending, is very different from a product breaking within an acceptable time? Also believe that as it contained a defective part from the moment I bought it, it was indeed, not of a suitable quality from day one!

As far as paying a lawyer, I intend to pursue it myself, with help from my colleague, who passed the bar 5 years ago, but isn't currently in law.
 
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This is a VERY well known issue that Apple had with these computers. There has been a special repair program specifically for this issue. In fact...the repair program has been extended at least once...if not twice.

As you can see in this article:

MacBook Pro: Distorted video or no video issues

Apple was repairing MacBook Pro's up to 4 years after the purchase date...whether the computer was still in warranty or not. You purchased your computer on August 31st, 2007...so 4 years for you was last August (2011).

Basically what this boils down to is timing. It's too bad that this video issue has taken this long to show up on your computer...but then on the other hand...would you really expect Apple (or any other company) to give a lifetime warranty for a computer (of course not). So free repair coverage for this computer has got to end sometime.

Go ahead and start legal proceedings if you want to...but consider that this 5 year-old (£1500 when new) computer is worth much less now...then consider how much £££ it is going to cost to pursue this legally. You'll probably find that even if you win (which is unlikely)...you're still going to be in negative figures.

Again...I sympathize with your problem. I have a 17" MacBook Pro with the same graphics hardware (8600GT)...and I at times have suspected I had an issue. But when a computer gets to be 5 years old (or any product that you've gotten 5 years of use from)...it's not the same as a product that was just purchased 3-6 months ago.

Good luck,

- Nick


p.s. I also find it VERY VERY interesting when a brand new member decides to make their very 1st post as something as monumental as suing Apple for a product defect.

Where was Mac-Forums ANYTIME between August 31st, 2007 (when this computer was purchased)...and the 4+ years since (when this computer was working fine)...that we couldn't have heard much more positive things???;)

Thanks Nick, Regarding Apple extending the time they would repair for free, I believe that it boils down to wether the product was fit for sale at point of sale, which in this case, it was not. The law allows upto 6 years to claim and I intend to use that, as intended!

I apologise for using my first post to air a complaint, but I'm afraid I've never had any use for this site before.
 

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Thanks Nick, Regarding Apple extending the time they would repair for free, I believe that it boils down to wether the product was fit for sale at point of sale, which in this case, it was not. The law allows upto 6 years to claim and I intend to use that, as intended!
Like I mentioned above, you're making the assumption that Apple knowingly sold defective goods and I'm willing to bet good money that this isn't the case.
 

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Thanks Nick, Regarding Apple extending the time they would repair for free, I believe that it boils down to wether the product was fit for sale at point of sale, which in this case, it was not. The law allows upto 6 years to claim and I intend to use that, as intended!

Well...there are lots & lots & lots of products that have flaws that are sold...and the flaw only shows up much later. It's not like companies (the majority of companies) sell products purposely with flaws (making the product fit or unfit for sale).

Maybe the laws in your neck of the woods (across the pond I'm assuming) give you more recourse. Hopefully you don't spend more £££ than the computer is worth. Good luck.

I apologise for using my first post to air a complaint, but I'm afraid I've never had any use for this site before.

Hmmm...not exactly the best choice of words I'm thinking!;)

- Nick
 
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Like I mentioned above, you're making the assumption that Apple knowingly sold defective goods and I'm willing to bet good money that this isn't the case.

Sorry nick, I at no point indicated that I believed Apple sold me my MBP, knowing that it was faulty. It was however a faulty item, wether they knew or not has little legal bearing, simply te fact that it was sold in an unsuitable condition is the issue.
 

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Sorry nick, I at no point indicated that I believed Apple sold me my MBP, knowing that it was faulty.

The facts are as simple as this, Apple sold me a product they know to be faulty, the known fault has occurred, and they refuse to allow me my legal rights under the 1979 SOGA.

It would seem that you did make that assertion earlier. ;)
 

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Sorry nick, I at no point indicated that I believed Apple sold me my MBP, knowing that it was faulty. It was however a faulty item, wether they knew or not has little legal bearing, simply te fact that it was sold in an unsuitable condition is the issue.

Most of us know that computers are complex products...and most of us know that Apple is absolutely one of the best (if not the best) when it comes to customer service...and standing behind their products (you won't find this with any other computer company).

Apple has/had a special repair program in place for this specific issue for quite a while (linked above). Where a customer had up to 4 years to have this repair done (after the date of sale). As I also mentioned...it's unfortunate that your issue didn't expose itself sooner.

Apple has/had a "safety net" in place for 4 years...and you mentioned a rule/law that's supposed to give you 6 years of protection. If this is the case great...you have no worries.

Good luck in your endeavor,

- Nick
 
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***UPDATE***

I was contacted this morning by an Apple representative who informed me that they will be replacing the Logic Board, for free, at my earliest convenience.

Thank you for your help, support and advice.

Gareth
 

pigoo3

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***UPDATE***

I was contacted this morning by an Apple representative who informed me that they will be replacing the Logic Board, for free, at my earliest convenience.

Thank you for your help, support and advice.

Gareth

What the heck?....what happened this time around...when your earlier efforts were unsuccessful?

In any case...congratulations!!! This REALLY is more like the "top-notch" customer service I would have expected from Apple!!!:)

- Nick
 

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The NVIDIA defect that affected Apple in this case, also affected most of the other major OEMs. In fact, Apple was granted a huge sum of money to cover warranty claims.

Having owned one of the defective machines (but one that never had the failure), I can definitely sympathize with the OP.

I also think it's pretty crappy that Apple stopped the extended warranty campaign just 4 years after the model was manufactured. In my opinion, the useful lifespan of a "Pro" grade laptop is more like 5 years. I also think that Apple knew a lot more about it than they let on - and continued to manufacture the model even after they knew about the defect.

If you were following the news coverage when this initially surfaced (as I was, since I owned one of the machines), there was a very interesting progression in how Apple acknowledged this. But I digress... I'm happy that the OP was taken care of, as he should have been.
 

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I also think it's pretty crappy that Apple stopped the extended warranty campaign just 4 years after the model was manufactured. In my opinion, the useful lifespan of a "Pro" grade laptop is more like 5 years. I also think that Apple knew a lot more about it than they let on - and continued to manufacture the model even after they knew about the defect.

I definitely agree. I currently have a MacBook Pro that has the "problem" video hardware (8600GT)...but according to Apple...the serial number of my MBP falls outside the range of the affected units. I've been to the Apple Store twice about an issue I think is video card related...but they say the issue I have is not the "issue(s)" that is covered under the extended repair program!:)


If you were following the news coverage when this initially surfaced (as I was, since I owned one of the machines), there was a very interesting progression in how Apple acknowledged this. But I digress... I'm happy that the OP was taken care of, as he should have been.

Yeah...like most companies...Apple was probably doing the "Deny, Deny, Deny" approach...to minimize any sort of negative publicity or deny any sort of responsibility.

Maybe this was because they KNEW they were (or the video hardware supplier) was responsible...OR...they were still in the middle of investigating the problem...and didn't actually have all the answers at the time the problem was manifesting itself.

- Nick
 
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I definitely agree. I currently have a MacBook Pro that has the "problem" video hardware (8600GT)...but according to Apple...the serial number of my MBP falls outside the range of the affected units.

Hello Nick,

You should take no notice of Apple when they state that your serial number is "outside the range of the affected models" as this is more than likely baloney.

What is more important is whether or not your laptop is inherently defective and if this can be proved.

Are you resident within the UK?

If so the Sale Of Goods Act 1979 (as amended) and the Limitations Act give you six years from the date of purchase in which to take action against the retailer who sold the defective Mac.

Furthermore your contract is with the retailer and not Apple so you should concentrate all your efforts on pursuing the retailer and you should not bother with Apple as you have no contract with them.

If you paid by credit card then you have even more protection as the card company are jointly and severally liable with the retailer in situations such as this. If the retailer failed to offer a resolution then you can pursue the card company for what is known as a "Section 75" refund.

If you are resident outside of the UK then the laws may be slightly different in your country but there have been a number of actions brought against the manufacturers and retailers of such inherently defective products.

In the States Apple were recently sued by such an owner and that can be found here:- MacBook Pro owner beats Apple in court over faulty 8600M GT - TechSpot News

I actually run a forum dedicated to this very problem and have helped thousands of members around the world.

The process to obtain either a repair/refund/replacement is relatively easy as long as you can prove purchase.

My forum can be found at Index page • The Nvidia Defect Forum and all help and advice is free.

Over the last three years I have seen some retailers try all the tricks in the book to try and fob off claims by their customers. They soon learnt the error of their ways when they were sued in the Small Claims Court. To date they have never won.

Persistence is the key to success. Don't give up on this and, most importantly, do not let the retailer fob you off.

I hope the above helps.

Best wishes

Paul
The Nvidia Defect Forum
 
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***UPDATE***

I was contacted this morning by an Apple representative who informed me that they will be replacing the Logic Board, for free, at my earliest convenience.

Thank you for your help, support and advice.

Gareth

ynot420,

I'm in the same boat.. just a few months over the expiration of this issue. I've also got the diagnostic log from when the apple store tested it.. can you please PM me the information for the representative you spoke to or help me get in touch with apple to get my mac fixed as well?

Thanks in advance.
 

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