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Just What is a Custom Configured Server?

djhanson wonders: "I just got back from a small claims court proceeding against Apple Computer. They successfully won their argument in front of the court that selecting additional memory and disk drives for a computer/server at the time of purchase, off of their website, constitutes a 'custom configured computer built to the customer's specifications'. Said computer is therefore not eligible under the company policy to be returned. Has anyone else heard of such a thing? As near as I can tell, Apple is the only company that has such a restrictive policy. I called both IBM and HP, and neither of those companies has such a policy. Am I the only one that thinks there is something terribly wrong with a policy like this? Any opinions? Suggestions? Comments? Whatever?"

14 of 318 comments (clear)

  1. You've been stung by kinnell · · Score: 5, Informative
    Any opinions? Suggestions?

    Read the small print next time. I think it's reasonable for them to claim that it is a custom configuration, but refusing to support it when they have done the assembly is pretty disgraceful.

    --
    If I seem short sighted, it is because I stand on the shoulders of midgets
    1. Re:You've been stung by Anonymous+Freak · · Score: 5, Informative

      No, the point is that Apple DOES guarantee their work, they just won't take a 'no-fault' return on custom equipment.

      If my engraved iPod stops working within the warranty period, I can get it repaired/replaced at no charge.

      But if I decide that I just don't like my iPod, I can't return it if it's engraved. If it's *NOT* engraved, Apple policy says I have 30 days to return it for a full refund, no questions asked.

      Same with computers. A 'non-custom' one, I can just decide that I don't like it and return it for a full refund. (Maybe I decided on the Dual 2.0GHz instead, who knows?) But if I have customized it, I can't return it for a refund. If it breaks, I can get it repaired under warranty, but I can't return it for 'no reason'.

      The original poster isn't clear, but it sounds like he just wants to return it with nothing wrong.

      --
      Another non-functioning site was "uncertainty.microsoft.com."
      The purpose of that site was not known.
  2. Re:Yeah, Apple does that sometimes. by bryan1945 · · Score: 4, Informative

    This may have changed, but Apple has (or had) the largest margins on their machines; something around 25-28% or so. This was the average along their entire line, with laptop having the top margins and iMacs eMacs having the lowest margins.

    As for the lawsuit, well it does seem a bit shady that adding RAM is gonna screw you. Maybe there is something more going on here that is not being disclosed?

    --
    Vote monkeys into Congress. They are cheaper and more trustworthy.
  3. Re:complicated by wacko1138 · · Score: 5, Informative
    Actually, they have a link at the bottom of their store page labelled Sales and Refunds.

    On that page it says:

    "RETURN & REFUND POLICY
    If you are not satisfied with your Apple purchase of a pre-built product, please call 1-800-676-2775 for a Return Material Authorization (RMA) request within 10 business days of the receipt of the product."

    And a little further down:

    "Please note that Apple does not permit the return of or offer refunds for the following products:

    1. Product that is custom configured to your specifications"

    I do think it's a bass-ackwards policy, but it's all there on the site. May not be fun, but always a good idea to read the fine print (especially before laying out the sort of money Apple wants).

  4. Re:Yeah, Apple does that (Profit Margins) by G4from128k · · Score: 4, Informative

    This may have changed, but Apple has (or had) the largest margins on their machines; something around 25-28% or so. This was the average along their entire line, with laptop having the top margins and iMacs eMacs having the lowest margins.

    You are right that Apple's margins are in that range. According to Apple's Annual 10-K report, the company had a gross margin of 27.5%. But that is only their gross margin (the difference between the price of the item and the cost of the materials in that item). That figure leaves out a number of costs that Apple pays. Out of that 27.5% comes the 8.6% of sales that Apple spends on R&D. Another 19.5% of sales is spent on SG&A (Selling, general, and adminsitrative). Note that Apple's 27.5% is not even that high as the average across the S&P 500 is nearly 50%

    This leaves Apple with a net profit margin of only 0.4% which works out to about $8 in profit on each of the 3 million computers they sold in 2003 (Compare that to Dell's 6% net margin to see who is really making money off their customers).

    I won't excuse Apple for not warning customers about the return policy in more forceful terms. For custom configured purchases they really should have a bold-face warning in the purchase script that is triggered by what Apple considers "custom configured". Yet, nobody can claim that they make to much profit from their computers or fault them trying to contain costs.

    --
    Two wrongs don't make a right, but three lefts do.
  5. Re:I call BS by derek_i · · Score: 5, Informative

    I had a machine on delivery (ie. Apple had shipped it and I had not received it yet) and their customer service informed me that I could not return it since it was custom built (I ordered a 15" laptop with a SuperDrive which was considered a custom built machine). The reason I wanted to return it was in the meantime we went to the Apple store to purchase more notebooks for the company and I picked up a nicer one for myself. So in short, time was within one week of purchase, no delivery, no open box, over $6000 spent at the Apple store, big F U from Apple.

    Don't get me wrong, I like Apple hardware and and OS X, but the company is focused on money, with consumers coming second (like most companies) and they are not your friend.

    -D

  6. No its not wrong by Jeff+Kelly · · Score: 5, Informative

    In germany, where i live, we have something called the "Fernabsatzgesetz" regarding purchases made by phone or internet.

    The argument goes something like this: Since you have no way of testing the product before you buy it (since you ordered it through the internet) the law grants you the right to return the product within 14 days of your purchase without giving reasons why you'd returned it provided two conditions hold:

    1. The product was not damaged by you since you opened it

    and

    2. The product was not costum built for you.

    If either one of these conditions doesn't hold you will have to keep it. A product is custom built if it deviates from the basic or standard product in a way which cannot be undone. So simple upgrades like more memory or a better graphics-adapter don't count as custom built since theses modification can be undone by the vendor.

    A personal engraving for your iPod on the other hand would count as custom built.

    Of course since in your case it is not a law but only company policy you have to stick to their rules and Apple clearly states that any upgrade counts as custom built and makes the item exempt from the return policy.

    So no it's not terrible wrong. Just because you were to lazy to read the terms of service doesn't make the apple bad.

    Regards

    Jeff

  7. Re:Wait, wait, wait by lfourrier · · Score: 4, Informative

    Wait still...

    Depends of the country.

    If customer is in France, and is not professionnal, and it is commerce at distance () sorry, don't know exact translation), he has 7 days to say : "In fact, I don't like it".
    He then return it, and the provider must reimburse everything except postage.

    It is not a matter of custom config, it is a matter of law, when the consumer cannot see the product he is buying.

    And the fact that US consumers are not protected this way is quite frightening.

    By the way, this (quite old) legislation does not seems to impose an undue burden on french corporations, because they continue to sell at distance... So you can have high customer protection and working economy at the same time.

  8. Re:complicated by Golias · · Score: 5, Informative
    Third, manufacturers with lots more hardware to sell and smaller margins, such as Dell, do not have such restrictive policies.

    Ahem. From Dell's web site (bold emphasis added by me):

    All new hardware, accessories, parts, and unopened software still in its sealed package, excluding the products listed below, may be returned within thirty (30) days from the date on the packing slip or invoice. New n-series with FreeDOSTM products and PowerEdge SC servers purchased from the Small and Medium Business Sales Division may be returned within fourteen (14) days from the date on the packing slip or invoice. To return applications software or an operating system that has been installed by Dell, you must return the entire computer. A different return policy applies to nondefective products purchased through Dell's Software and Peripherals division by customers of our Small and Medium Business divisions. Those products may be returned within thirty days from the date on the packing slip or invoice, but a fifteen percent (15%) return fee will be deducted from any refund or credit. The "Total Satisfaction" Return Policy and Software and Peripherals division return policy are not available for Dell/EMC storage products, EMC-branded products, Unisys-branded products, PowerVaultTM 160T tape libraries or enterprise software.
    --

    Information wants to be anthropomorphized.

  9. Re:Is this for real? by Anonymous Coward · · Score: 5, Informative

    Apple isn't the only company to stand by this policy. Dell has the exact same policy on their CTO systems. I can understand from a corporate standpoint why this policy exists. If you're going to spend the time configuring a server / workstation system to meet your exact needs - you should have no reason to return it. The only exception is if the thing just doesn't work.

    -Steve

  10. Re:Is this for real? by Micro$will · · Score: 4, Informative
    you're always much better off getting them separately from some other vendor - it's much cheaper.

    I agree, but if you ever need warrantee support you'll have to pull that stuff out before putting in the Hardware Diagnostics CD. For some stupid reason my school purchases it's PowerBooks from a 3rd party vendor who puts in extra RAM, but it's not from Apple. Guess who Apple blames when we send it back in with a hardware error code? Somewhat OT question: is there an equivilant to IBM's Gold Service for Apple, or at least some form of Apple Tech support that has a clue?

  11. Re:complicated by rower46 · · Score: 4, Informative

    Apple really has a fair policy. My wife purchased an eMac back in November with additional RAM. We felt that there was a problem with the display. Apple agreed and refunded the purchase with no hassle at all!

    --
    Don't let what you cannot do interfere with what you can do. - John Robert Wooden
  12. Little Guy Vs Apple - THE DETAILS by djhanson · · Score: 5, Informative
    Sorry for the slim details in the original posting. But, let me try to fill in the blanks, and clarify my position.

    Court details: State of Washington, Seattle District Court, Small Claim No. Y3-9978, Trail date was 2/24/2004. Apple sent a corporate employee as their representative.

    The purchase was a dual processor Xserve. I upgraded from 512MB of memory to 2GB and from 60GB of disk space to 480GB.

    I was totally aware of Apples return policy before placing my order. My dispute is: Does selecting additional memory or disk drives really constitute a product that is "custom configured to your specifications". According to the defense that Apple used, even adding one stick of memory would have made it custom configured. My upgrades were selected from a standard menu on their website. I didn't call and ask for some esoteric tape drive or anything like that. In court someone brought up the analogy of buying a car. My response to that was, if I am buying a brand new car off the lot, and I ask for an automatic transmission (which usually costs more), I still have a stock car. No one is going to say that I bought a customized car. Knowing what I know now, I would order the hard drives and memory separately and install them myself after the 10-day evaluation period.

    I appreciate the comment made by one poster regarding how the sales clerk made the return policy very clear. I think that Apple's website should be as clear. Maybe "Custom Configured" icons could be located next to the items that will affect the return policy. Apple's defense claimed that it states at the top of the web page "Configure your Xserve" and that this should be enough of an indicator. But, options included on this very same page also include the "Mac OS X Server Maintenance Program", "AppleCare Service and Parts Kits for Xserve" and AppleCare support Plans. Surely selecting these items wouldn't constitute a custom configured product. And at no other time during the purchase process, including my invoice receipt from Apple did it indicate that I was purchasing a custom configured product that could not be returned. I certainly don't think that Apple deliberately sets out to trap customers into purchasing items that can't be refunded. But, on the other hand their policies and procedures sure don't give the impression of being well thought out, or cohesive.

    As for the concern about whether I was returning the product because I just changed my mind or it because it was broke. I'm not sure if the reason really matters, unless Apple wants to use the information to possibly make changes in their product or policies. After all, their policy does state "if you are not satisfied". It says nothing about have to give reasons. But, since people are curious .... The hardware worked without fail for the 10 days that we evaluated machine. In fact the hardware is the reason that we were attracted to the Xserve. The problems were related to the software. We found Apple's customized version of BSD Unix to be difficult to work with. We would add commonly used Open Source software and it would break some Apple proprietary interface, or vice versa. We really tried hard for the 10 days to make this machine work for us. And we found it frustrating every step of the way. I attribute this to Apple's proprietary way of doing things. But, the clincher for us was when we started with a clean install of OS 10, added Webmin (a commonly used remote admin program), and the server would crash when trying to remotely reboot it, from the shell prompt. This was very easily reproducible. And also totally unacceptable since the final destination for this box is a data center where hands-on reboots are a rare event. I know that I could have worked with Apple and probably gotten a patch for this issue. However, it seemed serious enough for me to decide to return the product, and look elsewhere.

    I did give serious thought to installing Yellow Dog Linux on the machine and not even dealing with Apple's version of BSD Unix, but after havi

  13. Re:Details by djhanson · · Score: 4, Informative
    • Seattle, Washington
    • After evaluating the server we determined it would not work for our needs. I assume that is what the 10 day trial period is for.
    • 10 days. Talked to Apple employees on over 10 different occassions before filing suit.
    • I asked for an escalation on the second call regarding the return. Took them 3 days to call back, and only after a second call from me. Then letters and calls to the Executive Office of Steve Jobs.

      More details in my posting later in this thread: Little Guy Vs Apple - THE DETAILS