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EU Says Apple's Warranty Advertisements Are Unacceptable

An anonymous reader writes "The European Union believes that Apple should be investigated for the way that it advertises warranties on their products. EU Justice Commissioner Viviane Reding wrote to the member countries which is 27 to ask them to check whether Apple retailers failed to let buyers know about the right to a minimum 2-year warranty for products such as the iPhone and iPad under EU law."

48 of 266 comments (clear)

  1. Apple needs to think a bit more... by dryriver · · Score: 4, Interesting

    ...about consumer rights, and about the information it passes to buyers. A lot of Apple fans pay a steep premium for Apple products, assuming that they are "the best", even though that is hardly the case. There really is no legit reason why a Mac will cost 1.5 - 2 times more than a similarly specced Windows PC. ---- There's only one way Apple will go from here if it doesn't implement more ethical policies across the board: Down, down, down...

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    1. Re:Apple needs to think a bit more... by cdrudge · · Score: 4, Informative

      You're right. Sometimes it's more then twice the price.

    2. Re:Apple needs to think a bit more... by Reverand+Dave · · Score: 2

      right, it's more like 2.5-3 times more.

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    3. Re:Apple needs to think a bit more... by Anonymous Coward · · Score: 2, Insightful

      I'm waiting for the Apple fan boy to find the most expensive PC/laptop they can find and post it as an example on how it compares mand then all of the sheep to quickly mod it up. Here's a helpful hint, for every PC you find that is similar in price to a comparing Apple product, almost anyone browsing the internet can find 10 that are much cheaper and with a similar warranty. For those Apple fans that don't have their head in the sand and already know an equal PC can be found much cheaper will throw in the "other" in their own non measurable specs to justify Apples cost, you know the ones, like shiney, sleek, just feels right, simple etc.. Those are same terms a person could use to describe a dildo.

       

    4. Re:Apple needs to think a bit more... by Khyber · · Score: 3, Informative

      Yes, it does, and we have this discussion every fucking week on /g/ and a new price comparison chart comes out which proves it time and time again using the latest prices from various manufacturers.

      EVERY. TIME. Apple is AT MINIMUM 1.5X the price of a similarly-specced Windows Boxen.

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      Still waiting on Serviscope_minor to wake up to fucking reality and realize that Jessica Price isn't going to fuck him.
    5. Re:Apple needs to think a bit more... by Khyber · · Score: 4, Interesting

      "and the use of substandard parts"

      Hi, former Apple Tech here.

      You want to talk about substandard parts? How about receiving boxes of Apple logic boards, filled with sand?

      How about roughly 2/3 new Macs failing off the line and needing to go back for repairs?

      How about getting charged $200 for THE EXACT SAME BINNED RAM that would only cost you $50 for a non-Apple PC?

      Give me a break.

      "Do work in professional audio/video or work in graphics, a Mac is the cheapest route to go."

      Nope. $300 Windows Box and Audacity + Tracktion, which came free with my $80 Mackie mixer, plus a $150 swap-meet special Alesis electronic drum kit with software.

      My guitar cost more than most Macs. Better build quality, too. Even comes with MIDI pickups.

      Oh, did I mention I did audio and video work for several local Los Angeles bands, as well as record my own music?

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      Still waiting on Serviscope_minor to wake up to fucking reality and realize that Jessica Price isn't going to fuck him.
    6. Re:Apple needs to think a bit more... by narcc · · Score: 3, Insightful

      If you deny that apple products cost 1.5-2x more than other comparably spec'd computers long enough and loud enough it magically becomes true.

      All part of the magic that you get when you, a special and interesting person, buy Apple products!

    7. Re:Apple needs to think a bit more... by Myopic · · Score: 2

      The marginal value of a Mac is the OS, not the hardware, and certainly not the hardware *specs*. If any part of the hardware is superior it is the design not the components. But even the case of the computer isn't so special as the operating system.

    8. Re:Apple needs to think a bit more... by Missing.Matter · · Score: 4, Informative

      This is the comparison I did over the summer when shopping for a new computer.

      Envy 15
      Display: 15.6" 1920x1080
      Processor: 3rd generation Intel(R) Core(TM) i7-3720QM Processor (2.6 GHz, 6MB L3 Cache)
      Graphics: 1GB Radeon(TM) HD 7750M GDDR5 Graphics
      Storage: 750GB 7200 rpm Hard Drive
      Memory: 8GB 1600MHz
      Height: 1.11 inches
      Weight: 5.79 lbs
      Warranty: 2 years
      Price: $1,579.99

      Macbook Pro 15
      Display: 15.4" 1680x1050
      Processor: 2.6GHz Quad-core Intel Core i7, Turbo Boost up to 3.6GHz
      Graphics: NVIDIA GeForce GT 650M with 1GB of GDDR5 memory
      Storage: 750GB 7200-rpm hard drive
      Memory: 8GB 1600MHz
      Height: 0.95 inch (2.41 cm)
      Weight: 5.6 pounds
      Warranty: 1 year
      Price: $2,349.00

      Comes down to the Macbook Pro costing $770 more, with the Envy 15 having better specs in almost every category where I couldn't make them 1:1. The most notable deficiency of the Macbook Pro is the puzzlingly low resolution display for their "premium" label. And yes, before anyone says it the Envy 15 has amenities like aluminum housing, backlit keyboard, and slotload optical drive.

    9. Re:Apple needs to think a bit more... by Anonymous Coward · · Score: 2, Funny

      So you're saying that Apple's customers are stupid?

    10. Re:Apple needs to think a bit more... by sodul · · Score: 3, Informative

      Amongst other things he forgot to mention is battery life. First review I could find:

      Since heat has a negative effect on battery life, the included 6-cell, 51Wh battery was simply not enough to accommodate a portable power-house like the Envy 15. It scored 1 hour 55 minutes in MobileMark 2007 tests. Meanwhile, similar systems like the MacBook Pro 15-inch and Dell XPS 16 delivered scores of 5 hours 30 minutes and 4 hours 20 minutes, respectively.

      And the heat management does not seem to be on par with my experience with MacBookPro, also seem to explain the poor battery life:

      The palm rests registered 89-92 degrees Fahrenheit and as high as 110 degrees in the base—while idling.

    11. Re:Apple needs to think a bit more... by jbolden · · Score: 2

      Apple doesn't offer nearly the product selection of the other major PC vendors. There is no question about that. The claim was that for the same hardware Apple was grossly overcharging.

    12. Re:Apple needs to think a bit more... by hairyfeet · · Score: 4, Insightful

      Not to mention the amount of power you can get on the low end of the PC scale is just insane now. I mean you can choose an i3 office laptop or an AMD quad if you want more gaming capable graphics for around $400 now and we are talking 4-8Gb of RAM, DVD burner, 500Gb HDD, nice 17 inch screen, its just nuts. And the build quality on a lot of those are...actually quite nice. I've had no complaints from those who've had me get them one of the new Samsung or Asus quad AMDs and I'm quite happy with my EEE netbook, had it nearly 2 years now without a problem and even the battery is holding up pretty well with over 5 hours on a charge.

      So I find it funny that people talk of a "Microsoft tax" when on basic and home thanks to trialware its actually a "Microsoft tax break" as the trialware actually covers Windows and lets them sell the units for lower prices, while Apple units will be priced at a premium even when the hardware that is in them is frankly old hat compared to the latest Intel and AMD offerings.

      But if you like Apple's sense of fashion, if you need Unix support for some reason, or just perfer OSX and don't mind paying the extra money for the privilege? Then I'm happy for you and hope you enjoy your purchase, I really do. But don't make these crazy logic hoops to jump through to try to justify your choice as its just silly. I mean do you see Ferrari owners jumping through hoops to claim that Ferrari is a "better value" than a Mustang or Corvette? Of course not, so don't jump through hoops Apple users, the only opinion that should matter is your own.

      Of course I have a theory that the reason why they feel they need to jump through hoops is there is a little niggling doubt sitting on their shoulder that keeps whispering "You paid too much" in their ear and the only way they can shut the niggler up is to get people to agree with them, but that's just a theory.

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    13. Re:Apple needs to think a bit more... by Missing.Matter · · Score: 3, Insightful

      If this is how you comparison shop for computers, then of course the Mac looks "overpriced". But if your comparison includes comparing HP support plus separate Windows support to Apple support (hardware and OS) plus the cost and quality of included software, then the Apple computer will look like a bargain.

      And this is how it always goes. Bring up the claim "Apple costs more than Windows" and you get people who say "No! It's a myth! Spec them out the same and you'll see the Mac does not cost much more or even less!" Then we diligently spec them out, trying to match every specification as closely as possible, and when the PC inevitably costs less in come the goal post movers, who either claim things like "fit and finish" for the mac (which is also a lie as I've had some damn fine PC laptops like the Envy 14 or various Thinkpads in terms of build quality and materials) or that the comparison is invalid because the PC does not run OSX.

    14. Re:Apple needs to think a bit more... by LodCrappo · · Score: 2

      you are right. Apple obviously can charge any price they feel like charging. they didn't become the most profitable company in the world by charging the same markup that other companies charge.

      I don't recall Apple ever claiming that their products are priced to compete with similarly equipped PCs. This idea is only found in silly fanboys who can't accept the fact that they've paid more for the same computer everybody else has. Apple presents their products as "premium" and they charge premium prices, and while their quality and "premiumness" is certainly debatable, there is nothing wrong with the strategy.

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      -Lod
    15. Re:Apple needs to think a bit more... by Missing.Matter · · Score: 3, Informative

      We're not ignoring the Retina, we're just making comparisons that are as apples to apples as possible.

      So PCs can't match the Retina display, and Macs can't match the myriad of other hardware options like a bluray drives, top of the line GPUs, swivel displays, touch screens, ruggedized hardware, dock connectors, wireless displays, or track pads that double as a secondary information display. Seriously, if you want to get into a battle of "we have hardware you don't have" you're going to lose. I mean, can you even configure a Macbook with integrated WWAN?

    16. Re:Apple needs to think a bit more... by cheesybagel · · Score: 2

      When was the last time you used Windows? Windows 7 is certainly not a "steaming pile of shit" like you say.

    17. Re:Apple needs to think a bit more... by cheesybagel · · Score: 2
      "Easily run Windows 7" is not a feature, it is a bug. Windows is as good of an operating system as a pile of donkey shit on the bottom of the ocean. If you want to run Windows, you don't need Apple hardware, you simply need to kill yourself. And if you want to run Linux, then you are a rockstar who doesn't need to pay for Apple hardware to have a good computer experience. For the rest of people, they pay the cost to run the best consumer-oriented OS.

      You certainly picked a good username Myopic.

    18. Re:Apple needs to think a bit more... by mattack2 · · Score: 3, Informative

      Plus, whenever CNET does a MacBook Pro or MacBook Air-like Top 5 video podcast, at least one of them ends up costing more than the Apple product they're comparing to, and usually has a detrimental issue too (cheap case, etc..) Also, on other PC laptop reviews, whenever they talk about the trackpads, they almost always make comparisons to the trackpads in Mac laptops, once in a while getting to "almost as good as"..

      (BTW, I don't have a MacBook Air.)

    19. Re:Apple needs to think a bit more... by Meeni · · Score: 2

      Yes, on paper, but the Apple has a superior IPS display. The quality is not "premium". I have been very disapointed in the past that such an expensive machine would be so prone to fail miserably, more so than cheaper PCs.

      But the newest and chinest MacBook always have some killer feature that nobody else have. For a long time, the instant hybernate (that would always work, and not crash the machine once every other lid closure) was a killer. When it was matched by all windows computer, it was the IPS screen (and that is still ongoing, most high end PC laptops ship with inferior TN screen technology). After that the long battery life, and now the "retina" display.

      I'd gladly by a cheaper PC, especially now that many feature long battery life, suspend mode that works, a stylish case, better assembly and manufacture quality, similar specs for a lower price; if only I were provided with a top spec screen.

    20. Re:Apple needs to think a bit more... by Clsid · · Score: 2

      I agree with the RAM claim, what Apple charges for RAM is totally absurd. I have bought Macs mostly the web store but I have always managed to upgrade them myself, even if it is a pain in the ass to do so.

    21. Re:Apple needs to think a bit more... by beelsebob · · Score: 2, Informative

      Right, and that backs up the 1.5 to 2 times the price argument, because a zenbook can be had for $500-666... Wait, no, a zenbook with the i5 from the bottom end MBA costs $950...

    22. Re:Apple needs to think a bit more... by bloodhawk · · Score: 2

      If you think they are the same cpu/gpu/ram etc in a 1200 machine and a 300 dollar machine then it is you that should not be giving computing advise. both macs and PC's use identical hardware bases of which there is a wide range to choose from, Apple use a custom motherboard but that makes a very very small difference. There is no such thing as business class hardware, whoever sold you that line is trying to justify overcharging you, There is enterprise class hardware but I can assure you except for highend workstations and servers that certainly isn't what goes in the consumer lines. both PC's and Mac's use the same i5/i7 procerssor lines, one does not magically become better by being put in the other, the same with memory and harddisks.

  2. Does it really matter by abhi2012 · · Score: 4, Funny

    Apple is going to release a slightly bigger version of the iPhone in 6 months anyway and you are going to throw your old phone out the window. So does it really matter anyways?

  3. And they thought dealing with Microsoft was hard by Anonymous Coward · · Score: 4, Interesting

    Good luck to them. Apple considers discovery of flaws as breaches of their conditions of sale

  4. on the plus side, by joostje · · Score: 5, Funny

    On the plus side, apple will now sue anyone with sleazy advertisements.

  5. Re:What about... by mseeger · · Score: 2

    Does the EU require a 2 year warranty on calendars? How does that work?

    Usually well ;-).

    In the first six months, any burden of proof is on the side of the vendor. So unless it's obvious that it wasn't used according to the specs, replacement is painless.

    After six months, the burden of prood switches over to the buyer. Which may be a hassle, but doesn't need to be.

  6. Re:So... by Anonymous Coward · · Score: 4, Insightful

    They are selling extended warranties for the period the *law* says they have to cover and hiding the fact the devices are covered. If Apple don't like it, they're welcome to not sell their products in the EU.

  7. Re:What about... by sjames · · Score: 4, Informative

    Does the 2011 calendar still correctly show the days of the week and the dates for 2011? If so, not defective.

  8. Re:So... by jkflying · · Score: 5, Informative

    They're trying to make people think that they will have to pay for something when in fact Apple is required by law to provide it for free.

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  9. Re:So... by sjames · · Score: 4, Informative

    The law includes a requirement to point out what remedies the customer is entitled to under the law. Probably, that is exactly to prevent sellers from deceiving the buyer into thinking they must pay for an extended warranty. Apple ignored that bit exactly so they could sell the extended warranty.

  10. Not honouring the warranty by Bogtha · · Score: 2

    However the issue isnt that Apple is honoring the warranty

    Just the other week I brought in some Apple equipment that had a slight hardware fault (charging problems) that was over a year old but under two years old, and they told me they'd charge for it to be fixed. I'd forgotten about the two year EU warranty (it used to be a year, IIRC). The defect wasn't apparent for the first year or so, but there's no visible damage and I haven't knocked it around at all. Anybody know where I stand?

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    Bogtha Bogtha Bogtha
    1. Re:Not honouring the warranty by gnasher719 · · Score: 2, Informative

      You didn't say where you bought the Apple equipment. Statutory warranties are provided by the seller, not the manufacturer. So if you buy a Mac at PCWorld, it's PCWorld's problem. If you buy a Canon printer at the Apple Store, it's Apple's problem.

      Now in the first 6 months the seller has to prove that the fault wasn't present when you received the item, after that you have to prove that the fault was there when you received it. You also didn't say whether a repair has happened; after a repair it would be impossible to prove anything about the defect. If you haven't paid yet, the important things are EU law, _and_ that you haven't caused the damage and no reason to believe you did.

      (You have to _prove_ the fault was there when you bought the item. But clearly with every fault either it was faulty when bought, or you damaged it, or someone else damaged it. If the item is something that shouldn't break without visible outside damage, and there is no visible damage, that would look like you bought it with the fault).

    2. Re:Not honouring the warranty by Neil_Brown · · Score: 2

      Anybody know where I stand?

      Here's what I would do — just my thoughts, not legal advice or anything like that. This is based on a number of things:

      • * I am based in the UK, as my thoughts are based on UK law;
      • * I bought the product as a consumer, and not a business;
      • * Apple was the seller — the party from whom I bought the product. If Apple is the manufacturer, but not the seller, because I bought the product from a third party store, O would need to pursue your claim (which is for breach of contract) against that third party instead; and
      • * It genuinely is a case of a latent fault, not me having broken something and looking for a remedy — for example, that I was poking about inside the machine / trying to take it apart, and, in doing so, caused the problem in question.

      I would not cite the legislation, or make it sound all legalistic — in my experience, that just causes problems and gets people nervous, but knowing the position can be helpful, to avoid being fobbed off. I've cited and linked the relevant legislation, for reference, and tried to outline my thinking / methodology, but I would *really* be aiming for it to be a casual exchange rather than one full of legal overtones.

      I would go back to the Apple store and explain that under English law, goods sold in the course of business must be "of satisfactory quality" (s14, Sale of Goods Act 1979). This is a requirement which is implied automatically into a contract, and which cannot be excluded in a business to consumer relationship (s6(2), Unfair Contract Terms Act 1977).

      With this in mind, would they please fix the product for free, on the basis that, because of this fault, the product was not of satisfactory quality.

      If necessary, I would explain that:

      • * the fault was latent, in that, without abuse, which would be obvious from the outside of the machine, the problem should not have happened, and thus must relate to a defect present at point of purchase;
      • * the fault is not something which could fall within reasonable wear and tear; and
      • * it is reasonable to expect the part in question would have an operational lifespan of longer than a year and a bit.

      If pushed further, I would explain that:

      • * because it is a requirement that goods are of satisfactory quality, and that Apple supplied a product which was not of satisfactory quality, Apple is required to provide a remedy and that I was looking for a repair (although, if this would be uneconomical, I would accept a refund (long shot) or a replacement), to put me in the position which I would have been in if I had not been supplied with a faulty machine;
      • * whilst Apple may only reference a one year warranty, what this means is that Apple has offered additional support, over and above its legal requirements, for a period of a year, but that this does not mean that any right of remedy under the Sale of Goods Act ceases after a year; and
      • * in the case of a breach of contract, I have six years from the breach to bring a claim (s5, Limitation Act 1980). Since I would be claiming that the contract was breached when the goods were supplied, because the goods which were supplied were not of satisfactory quality, this would give me six years from supply / purchase (if I took the goods away with me from the shop). (This does not mean that the product has to work for six years — it may be reasonable for a given product to only work for, say, a year, or two years, but that, if it should fail within the period of time in which it should reasonably be expected to work, I have six years from the point of supply to make the claim. As above, I would be stating that the nature of the product means that it would be reasonable to expect an operat
    3. Re:Not honouring the warranty by Carewolf · · Score: 2

      A few companies does this. The trick is to tell them you know the law, and they fold automatically. They just lie initially with the intention to defraud the less knowledgable, once you show you are not an idiot and insist on your rights they usually fold rather quickly.

  11. Re:What about... by icebraining · · Score: 3, Informative

    Not everywhere; here in Portugal the burden of proof never shifts.

  12. The EU is strict about this. by Animats · · Score: 5, Informative

    The European Union is strict about consumer law so that consumers will be comfortable buying across national boundaries within the Union. It's part of the "single market" concept which defines the EU.

    "A practice is misleading if it contains false or untrue information or is likely to deceive the consumer, even though the information given may be correct. In particular, this information relates to: ... the consumersâ(TM) rights on aspects of the sale of consumer goods."

    Here's how Apple misleads customers: Start at the Apple UK site. Try to find warranty information. The "support" page does not mention a warranty. There's "AppleCare Products - extend support coverage for your Apple products." Going to that page, we see "All Apple hardware comes with a one-year limited warranty (1) and up to 90 days of complimentary telephone technical support.". Down at note 1, in grey 77% white type, there's a link to "Apple Products and EU Statutory Warranty" Only there does Apple admit there's a 2-year warranty.

  13. Re:So... by Opportunist · · Score: 2

    Do I have to go to law school now just to avoid being ripped off when I go shopping?

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    We used to have a Bill of Rights. Now, with the rights gone, all we have left is the bill.
  14. Apple products are priced perfectly by NotQuiteReal · · Score: 2

    The pricing is set to create excellent profit margins.

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    This issue is a bit more complicated than you think.
  15. Re:The Euro Zone continues its war again US compan by rbrausse · · Score: 2

    Microsoft, Google, Apple -- what do they have in common?
    All are based in the same country.
    Anyone have a list of French or German companies fined?

    hu? are you crazy?

    take a look at p. 3; "Ten highest cartel fines per undertaking" - not a single US-based company.

  16. Re:So... by sjames · · Score: 2

    That is on the website and TFA said so. It's not what the printed materials say.

  17. Re:How desperate is the EU? by SomeKDEUser · · Score: 2

    So much is wrong in your comment. a) This is about consumer protection. You don't get to lie to customers in Europe, even if you are more akin to a cult. b) The bailout of Greece is not funded by the EU, but by state actors and the IMF. That means that you, even if you are American, are bailing out the Greeks. c) If Apple decided to not sell stuff in Europe, they would lose a lot of money, and their market share would collapse to the benefit of google. Which would be bad for them.

    Also, you need to get off the libertarian crack: if all "job creators" all left at once, they would be replaced almost instantly...

  18. Re:What about... by icebraining · · Score: 2

    Let's see:

    - High corruption compared to most of the European countries
    - High number of companies, foundations and individuals living from state rents.
    - High taxes (e.g. 23% VAT), and rising
    - High unemployment, especially among young people, including college graduates
    - Low education rates (only 28% finish High School), including among business owners
    - High number of workers under a special "no contract" regime
    - Low salaries and pensions, which together with high taxes leads to
    - Low purchasing power

    And the most important: it'll only get worse in the medium term.

  19. Re:So... by nosferatu1001 · · Score: 2

    Their website for the UK shows only a single years warranty on a new iphone 5

    This is a lie, and constitutes fraud as it is attempting to induce you into buying an "extended" warranty

  20. Re:And they thought dealing with Microsoft was har by Sique · · Score: 5, Insightful

    It is. It's fraud.

    The customer is entitled to the 2 years warranty anyway, even without paying the 1 year extension. So selling it something for money he is entitled anyway is fraud.

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    .sig: Sique *sigh*
  21. Re:How desperate is the EU? by cheesybagel · · Score: 2

    That's very interesting. However the Android devices come with a 2 year warranty and are cheaper. Yes even the Taiwanese devices.

  22. Re:So... by gl4ss · · Score: 4, Informative

    it's only there now because they got their ass handed to them in court already.

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  23. Re:So... by TheRaven64 · · Score: 2

    It's very misleading because it only covers EU minimum requirements and not the individual country's laws that meet (and, typically, exceed) that minimum requirement. They claim that the statutory warranty in the UK only covers defects present at time of purchase. That could possibly be considered to be true, if you consider bad design to be a defect. The Sale of Goods Act states that the goods must be suitable for the purpose for which sold and must continue to function if subjected to normal operation for a reasonable period and gives you five years to claim. I know that Apple is aware of this, because as soon as I was elevated to talking to their tier-2 support person they replaced a four-year-old battery for me without quibbles, because it had had fewer than the number of discharge cycles that they say that it will retain 80% of the original charge for and was only retaining 25% - it was not under warranty, but as soon as I mentioned the relevant laws they authorised a replacement. Slightly depressingly, I had much better service from them in this instance than when I've had repairs that were covered by their warranty...

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