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Apple blamed for 10 unfair after-sale clauses

(People's Daily Online)

15:11, September 05, 2012

The China Consumers' Association again made comments on the unfair repair clauses of Apple on Aug. 30, detailing ten items. It is the third time that the company was blamed by the China Consumers' Association in 2012.

Replaced parts should not be taken back by Apple

According to clause 4, if the maintenance does not belong to the warranty scope, Apple will keep the old part or product while replacing it with a new one.

Comments of China Consumers' Association: During the "three guarantees" for repair, it is the legal duty of the operators to fix free of charge. Even though they change new components for consumers, they cannot change the fact that the replaced parts belong to consumers. Apple does not have right to take back them.

Unilateral rules on 90-day due time

According to clause 5, if repairs are not covered by the warranty, Apple guarantees that all parts used for maintenance are free from defects within 90 days. Otherwise, customers can return the product to the fixed repair points. In order to submit a warranty claim, customers must send back their products to the fixed maintenance points at their own expense.

Comments of Consumers' Association: Apple’s rules contradict Chinese regulations and are invalid unilateral declaration. According to Chinese law, if repairs are not covered by the warranty, Apple should compensate for the reasonable costs including but not limited to transportation and communication costs and costs missing working time.

Only maintenance and replacement fees are paid to products needed to repair

According to clause 6, Apple and its related parties will not undertake any special, indirect, incidental and consequential losses caused by maintenance or in accordance with any other legal theories in any case. If the product is damaged or lost in the maintaining period or damaged due to maintenance, Apple's liability is limited to the repair or replacement costs.

Comments of Consumers' Association: The clause greatly reduces and exempts the civil liability that Apple may bear due to its faults and excludes the principal rights of consumers. It has violated the relevant laws and regulations of China and is invalid. To all the losses caused by improper maintenance and storage, Apple should be liable for damages.

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