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Apple Is Forced By EU To Give 2 Years Warranty On All Its Products

dsmalle writes "Apple has adapted its warranty to cover 2 years, under pressure of the European Union and after European consumer organizations sued Apple. From the article: 'The warranty conditions have been changed and these changes can be found on the website of Apple. Products that are purchased on the website of the manufacturer or in stores are now under warranty for two years, as it is required by the EU warranty guidelines. However, the warranty for Apple products that have been purchased elsewhere will not change and they will only be given a limited one-year warranty.'"

30 of 270 comments (clear)

  1. As An American... by TheNinjaroach · · Score: 4, Informative

    This is really amusing to me, that the EU has laws that mandate minimum warranty policies for devices sold.

    Some of the only comparable laws I can think of in the US have to do with automobile emissions systems. If your car starts spewing too much pollution before 90,000 miles, the manufacturer is on the hook regardless of what warranty they sold with the car.

    --
    I went to eat some animal crackers and the box said, "Do not eat if seal is broken." I opened the box and sure enough..
    1. Re:As An American... by Anonymous Coward · · Score: 5, Informative

      This is really amusing to me, that the EU has laws that mandate minimum warranty policies for devices sold.

      Actually, it's much more than that.

      Not only was Apple not selling devices with the warranty required by law, but Apple was trying to upsell additional Applecare warranty to cover the mandatory warranty time period.

      Of course, if it's out of warranty, you're probably SOL since Apple designs most of its products to be non-repairable.

    2. Re:As An American... by squiggleslash · · Score: 3, Insightful

      You know, I've lived in both the UK and US, and I've immersed myself in both cultures, and I still don't understand why Americans on Slashdot (only on Slashdot) appear to think it's a big deal that the EU has laws like this.

      This is standard consumer protection stuff. Does the US have a directly equivalent law? No idea, but it doesn't lack laws that are in the same ballpark. Indeed, some, such as the requirement that all electronics be vetted by the FCC and contain shielding to prevent their circuits from accidentally broadcasting something that might cause a little interference on a TV or radio in the same room, seem a tad less understandable than creating a basic standard of merchantability - you have to stand behind your product for two years. Hardly unreasonable.

      What gives?

      --
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    3. Re:As An American... by Anonymous Coward · · Score: 5, Informative

      Well clearly they just didn't know. Since all the electronics they buy have 2 years warranty (by law) it isn't like they are going to go check that. They wouldn't find out until the thing broke and they needed warranty service. The fact that this even became a big enough deal to make it to the EU legal system means that many Apple products DID fail in less than 2 years (whether it was just battery not holding a charge or something worse) and enough people complained to bring it to the EUs attention.

    4. Re:As An American... by UnknowingFool · · Score: 4, Informative

      The summary and story is somewhat misleading. Under EU law, Apple has supported 2 years but it wasn't clear to a consumer in the EU. The warranty policy on Apple website listed 1 year.**
      **Local warranty laws apply. Your country may support a longer warranty.

      Worse yet, they were selling extended warranties which adds more years but not clearly stating that consumers already got 2 years. There wasn't consensus about the length from some anecdotal testimony so Apple may have to review this with all of their employees. This stems from the earlier Italian ruling. Italy did not rule that Apple was breaking laws by not offering a 2yr warranty but rather it was somewhat confusing to the customer and that an asterisk on the warranty agreement wasn't good enough. Needlessly upselling also was noted.

      --
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    5. Re:As An American... by skovnymfe · · Score: 5, Informative

      In the EU, you can't change the laws by writing terms on your website, or providing some arbitrary "agreement" with the product. All it takes is for someone to challenge it, and Apple will get a slap on the wrist and get told that the law applies.

      And now that someone did challenge this 1 year warranty "agreement", Apple has got their slap on the wrist and changed their heinous ways.

      That's all there is to it really...

    6. Re:As An American... by BasilBrush · · Score: 4, Interesting

      If Congress tried to pass something like this, we would never hear the end of "socialist liberal government taking over the free market." Sigh.

      Absolutely. Because the States is effectively rules by the corporations. Somehow certain consumers would complain about a law that only benefits them. How brainwashed are they?

    7. Re:As An American... by ericloewe · · Score: 3, Interesting

      The Apple i-device users are famous for buying another every year, so who benefits by a two year guarantee for a one year product, its like demanding a 10 year guarantee for a gallon of milk from the grocery store...

      Some people change cars every four years. That means we don't need to make cars that last any longer.

      See how half-assed that logic is?

      Even if you do buy a new iDevice every year, why should the old one stop working?

    8. Re:As An American... by AngryDeuce · · Score: 5, Interesting

      And if this was the USA, there would be a class-action lawsuit

      If this was the USA, the ToS likely prohibits the customer from bringing a class-action lawsuit in the first place.

      I don't know for sure, though, as I don't have the time to read 56 pages worth of legalese.

    9. Re:As An American... by realitycheckplease · · Score: 3, Funny

      True apple fans upgrade before the warranty expires!

    10. Re:As An American... by higuita · · Score: 4, Informative

      In Europe you cant waive basic rights. if your country law say you can do lawsuits, no matter what the ToS try to sell you, isnt valid. This warranty case is just that, the ToS says something that isnt valid as the above law already gave you that rights

      --
      Higuita
    11. Re:As An American... by Daniel+Phillips · · Score: 3

      So the bottom line is, Apple has progressed from selling people things they don't need to selling people things they already own.

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  2. Headline Is Understated for Once by MightyYar · · Score: 5, Insightful

    For once, the headline is understated.

    It really doesn't matter what Apple's warranty duration is, because there seems to be a statutory warranty of 2 years in at least part of the EU.

    What this story is really about is Apple selling 2-year AppleCare plans in places with statutory warranties of 2 years, which is pretty darned slimy IMHO.

    --
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  3. Re:This does not seem fair by Jerom · · Score: 4, Informative

    It's manufacturer warranty - the retailer has nothing to do with this.

  4. Silly headline.... by Anonymous Coward · · Score: 5, Informative

    .... Just silly... Apple wasn't "forced by EU", was forced by the EU directives that were transposed to law in all EU countries. The headline should be: "Apple forced to abide the law in EU countries".... since it wasn't until now. It's not something that just happened to "fall" on our laps here in EU countries just now... it's decade and an half old law.

  5. Apple still weaselling out of it by pelorus · · Score: 4, Interesting

    This hasn't changed anything. What's the point of a warranty that lasts two years which covers defects that were present on delivery?
    (See http://www.apple.com/uk/legal/statutory-warranty/)

    Apple should be forced to stop weaselling and just give us what the law requires.

    -- An Apple Fanboi

    1. Re:Apple still weaselling out of it by Anonymous Coward · · Score: 5, Insightful

      What's the point of a warranty that lasts two years which covers defects that were present on delivery?

      "Defects present on delivery" IS what the law requires. However, the intended interpretation of this is that a product is defect if it cannot sustain two years of regular wear and tear without breaking. As such, bad soldering causing your screen to stop functioning after 19 months is considered a defect present at moment of purchase.

    2. Re:Apple still weaselling out of it by MartinSchou · · Score: 3, Insightful

      What's the point of a warranty that lasts two years which covers defects that were present on delivery?

      That IS what a warranty is. You seem to be mixing up insurance and warranty.

      Otherwise, what's to prevent me from breaking the display and claiming it should be covered by the warranty?

  6. Nothing has changed : Apple just explains it by AwaxSlashdot · · Score: 3, Informative

    Apple was forced by EU to be more forthcoming about warranty policies.

    Apple provided warranty, as a MANUFACTURER, is limited to 1 year and Apple pushed it warranty extension for 2 to 3 years (2 years for iOS devices, 3 years for Macs). It covers a range of issues that can appear after the sell.

    EU wasn't really happy with this because EU law mandates a 2 years warranty by the SELLER, for issue existing before the sell. EU thought that Apple was forcing clients to get a warranty extension even if they were entitled to a 2 year coverage (similar but not exactly identical).

    Now Apple clearly states this distinction.

    So if you bought your Apple product in another shop, after 1 year, you need to get in contact with that shop, that will contact Apple to identify the issue and see if this is linked to a preexisting problem or link to your usage. In the later case, your "seller provided" warranty won't help you.

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  7. Re:This does not seem fair by laurensv · · Score: 5, Informative

    It is a retailer warranty. It only applies as Apple sells something directly to consumers.
    In other cases, other retailers have to get Apple to fix the stuff, but Apple isn't directly liable.

  8. Apple Is NOT Giving A 2 Year Warranty by rsmith-mac · · Score: 3, Informative

    As usual, TFS and TFA got it all wrong.

    As so clearly painted out on Apple's website, there are two factors in play.

    1. Apple's 1 year warranty
    2. EU Consumer Law regarding to product quality at the time of sale

    Apple's warranty continues to stand at 1 year. If anything short of intentional damage happens in that one year, you get full Apple tech support.

    EU Consumer Law meanwhile covers a 2 year period, and as the weaker program takes effect during the second year of ownership. Pay attention here, this is important: if the buyer can prove the product was defective when it was sold, then and only then can they take the product to the seller (who is not necessarily Apple) for coverage. This is not the same as a 2 year warranty as you do not get any direct support from Apple - no phone support, no Apple Store, no authorized service providers; you get what the seller can provide, unless that seller is Apple. And even then Apple will not give the buyer the same treatment as a full warranty, and the burden of proof is on the buyer to prove that the product was defective at the time of sale.

    For a real warranty over 1 year you still need to purchase an AppleCare plan. That gets you full and direct Apple support, and more importantly there is no burden of proof on the buyer to prove that the product was defective at the time of sale.

    1. Re:Apple Is NOT Giving A 2 Year Warranty by Anonymous Coward · · Score: 3, Informative

      For a real warranty over 1 year you still need to purchase an AppleCare plan. That gets you full and direct Apple support, and more importantly there is no burden of proof on the buyer to prove that the product was defective at the time of sale.

      The burden of proof is on the seller for the first 6 months, and on the buyer afterwards. Still "burden of proof" doesn't mean it's required to provide evidence of a production defect. Most judges will take the absence of evidence of abuse on the device as proof enough that the issue is due to a production defect. After all either it's not working correctly due to a production defect, or is not working correctly due to damage and damage is easy to demonstrate.

      Note that components are supposed to last 2 years. If they break sooner under normal usage they still fall under the "production defect" category even if they were working correctly at the time of delivery.

  9. afaik they only clarified it by unami · · Score: 3, Informative

    everything i buy here in europe here has this two-year seller's warranty. and always had. apple didn't sell things with one year warranty because they couldn't do it - even if it was stated otherwise on their warranty card - it was alway protected under the two year seller's warranty. and this warranty has always been different from the manufacturers warranty.

  10. Re:I'm glad to hear this by Dunbal · · Score: 3, Insightful

    You obviously have never owned a new (port merger) Seagate hard drive.

    --
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  11. Swings and Roundabouts by petes_PoV · · Score: 5, Funny

    The EU has consumer protection laws, the USA has class action lawsuits and guns. It probably balances out in all but bodycount.

    --
    politicians are like babies' nappies: they should both be changed regularly and for the same reasons
    1. Re:Swings and Roundabouts by ericloewe · · Score: 4, Insightful

      Too bad the US allows companies to force you into no-sue contracts (like Sony and EA have done).

  12. Re:This does not seem fair by arth1 · · Score: 5, Informative

    It is a retailer warranty. It only applies as Apple sells something directly to consumers.
    In other cases, other retailers have to get Apple to fix the stuff, but Apple isn't directly liable.

    No, it's a manufacturer warranty, but generally handled by the retailer, who acts as a go-between for the customer and manufacturer.
    I.e. if your iGizmo breaks down, you take it to the retailer, who sends it to Apple, who fixes it under warranty. This is in the interest of the consumer, who has a single point of contact. The manufacturer (or, rather, brand name holder) is still the liable part.

    This in contrast to US conditions, where the customer usually has to contact the manufacturer directly.

    In addition to the mandatory warranty, the purchaser also has reclamation rights not limited to a fixed term, but the reasonably expected lifetime of a product. For consumer electronics, this is generally interpreted to be in the ballpark of the warranty or shorter, but if you buy, say, house siding that cracks after ten years, or a water heater that that breaks down after four years, you probably have a good case for getting it fixed by the manufacturer.
    A big difference between that and regular warranty is that for regular warranty, the manufacturer is liable by default and has to show that the customer misused the product to get out of it, while for the reclamation rights, the customer has the burden of evidence.
    Still, it is useful, and while I lived in Europe, I exercised this right a couple of times (broken washer/dryer, guitar neck that warped).

  13. Re:This does not seem fair by BorgDrone · · Score: 5, Informative

    No, it's a manufacturer warranty, but generally handled by the retailer, who acts as a go-between for the customer and manufacturer.

    Not really. I as the consumer enter a contract with the retailer. I pay them money and they provide me with a product, they are responsible for delivering a decent product and therefore have to give a warranty. Where they got the product from and how they provide the warranty is none of my concern, I didn't enter a contract with the manufacturer, as far as I know they don't exist.

  14. Re:This does not seem fair by dkf · · Score: 3, Informative

    i think you just proved his point 100%. the retailer acts as a go-between. the manufacturer doesn't exist TO YOU. but they do exist. and they are the one that provides the warranty

    While they may well be involved in the implementation of the service that makes the warranty work, the retailer provides the warranty (except in the UK if you've paid by credit card, in which case it is the credit card company that does it formally). It's their responsibility in law to get things fixed for you, and that can't be passed on to anyone else. Of course, the retailer may well just pass the faulty item along to the maker for fixing, but if the maker stalls them or messes about then it's the retailer who has to make you good. They sometimes need reminding of this, but it rarely reaches court these days as the laws in the area are very strict and have to be to avoid trouble from slimy retailers and manufacturers; this area is very well tested in other areas of consumer products, and electronics firms are by-and-large relatively honest. (That's a reflection on how bad some other market sectors have been in the past, really.)

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  15. Re:...or is it? by nospam007 · · Score: 4, Informative