A new ruling by a judge in the Subdistrict Court of Amsterdam has mandated that Apple can not replace a broken iPad unit with a `remanufactured` device, and must supply the plaintiff with an entirely new iPad instead. The case stems from a woman who purchased an iPad Air 2 with AppleCare back in 2015, and subsequently faced problems with the device`s Wi-Fi around four months later.
Apple then supplied the woman with a remanufactured version of the iPad, which Apple said is a process by which the company reconstitutes damaged products by using `the same production and inspection procedures` as it does for brand new devices. The woman disagreed with Apple`s methods of replacing her iPad and took the company to court, with Tweakers [Google Translate] reporting that she `was not satisfied` with the remanufactured device she was given under AppleCare.
The Dutch judge has now ruled in agreement with the plaintiff, stating that a remanufactured version of the iPad is not enough. The judge said that the purchase state of the original iPad is what should be looked at when considering replacement devices, meaning an iPad purchased as remanufactured could be replaced with a remanufactured iPad, although it`s unclear how -- or if -- purchasing a remanufactured iPad is even possible.
But an iPad purchased brand new -- as is the case here -- should be replaced with a new iPad. The Amsterdam court goes into more detail in a briefing posted online recently, translated from Dutch: If a plaintiff had purchased a refurbished or replacement iPad, Apple may replace it with a refurbished or replacement copy, but if the consumer, as in this case, purchased a new iPad, she is entitled to a new iPad as a replacement.` A similar case passed through the Dutch courts last summer, wherein another Dutch woman sued Apple for refusing to replace her broken iPhone 6 Plus with a brand new model. The victory nullified the purchase agreement that the woman made with Apple ...
|
