The iPhone Is Guaranteed To Last Only One Year, Apple Argues In Court (vice.com)
Reader Jason Koebler writes: Last month, Greg Joswiak, Apple's VP of iOS, iPad, and iPhone Marketing, told Buzzfeed that iPhones are "the highest quality and most durable devices. We do this because it's better for the customer, for the iPhone, and for the planet."
But in a class-action court case over the widespread premature failure of tens of thousands of iPhone 6 and iPhone 6 Plus devices, Apple argues that the company cannot guarantee any iPhone for more than a year. In a motion to dismiss, Apple argued that "to hold Apple's Limited Warranty substantively unconscionable simply because Plaintiffs expect their iPhones to last the length of their cellular service contracts 'would place a burden on [Apple] for which it did not contract.'"
But in a class-action court case over the widespread premature failure of tens of thousands of iPhone 6 and iPhone 6 Plus devices, Apple argues that the company cannot guarantee any iPhone for more than a year. In a motion to dismiss, Apple argued that "to hold Apple's Limited Warranty substantively unconscionable simply because Plaintiffs expect their iPhones to last the length of their cellular service contracts 'would place a burden on [Apple] for which it did not contract.'"
"Guaranteed to last only" =/= "Only guaranteed to last"
The Daddy casts sleep on the Baby. The Baby resists!
The summary makes a bold claim and then gives the legal nuance which was "just because someone sold you our phone with an X year contract doesn't mean we give you an automatic X year warranty." Suddenly most people look at the actual statement and say "well, yeah, of course they're right about that" and move on.
Jason Koebler is the author of the article, which is true for all his submissions..... which makes him a spammer.
When you buy an iPhone, as I understand it, the warranty is for one year, unless you buy extensions. So why would anyone expect the warranty to be longer than one year (assuming one did not buy any warranty extensions)? To me it looks more like the problem of Apple corporation has a lot of money, so let's try this approach to a lawsuit and see how much money we can get out of Apple.
Apple argues that the company cannot guarantee any iPhone for more than a year.
I guess they should pull out of the EU then seeing how they are unable to meet the minimum legal required guarantee. Or does the QC department bin the devices and send the good ones to the EU and the crappy ones to the USA where consumers are used to being screwed over and not have any recourse other than costly legal battles or lawyer enriching class actions which may net them a $15 discount coupon?
This is certainly a fight that Apple and others would love to win. To now say their devices are only good for one year due to "issue X", creates a steep curve into devices that always shut down just after 1 year. If in fact this were to go through, it wouldn't be far fetched to see companies specifically put in a 1 year "kill switch" so that there was no chance that anyone didn't "upgrade" and pay the fee. At a minimum, that could open up companies from having to deal with patching anything older than a year.
Its been fairly clear across all industries that companies want you to use only their brand new equipment, nothing second hand. Don't fix your stuff or we'll glue it in place if you try. This is another shot being fired at consumers. It seems like owning things is going to be the new taboo.
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"Laws? We make the laws, its called a contract. Now arbitrate!". - Them
and it's guaranteed to last 2 years (because that's how long it will be warrantied for).
"The only good phone is a land line and the phone should be made out of Bakelite!"
"Somebody has to do something. It's just incredibly pathetic it has to be us."
--- Jerry Garcia
My only question is, does Apple sell different devices in the US and Europe? Strangely, Apple customers in the EU enjoy a 2 years warranty.
I've bought practically every version of the Iphone that has been released, so I'm obviously an Iphone fan, but I can see how people might get a bit upset over this. The part I believe Apple failed is in its agreement with cellular phone companies, in which it plays the "well, we didn't say it, so you have to blame them" game. Apple should have made it a part of their contract with cellular phone companies that they reveal IN THEIR contracts with customers that the Iphone is only guaranteed to work for a year, especially when these companies contract payment plans that last over a year.
Sarbonn's blog: http://www.sarbonn.com/blog
As someone who designs electronics, if you had to design it so it couldn't possibly fail in 2 years it would be so prohibitively expensive no one would buy it.
Warranties are meant to catch the outliers, and they are a liability. Of course they are going to limit it. Yeah it sucks if it dies at one year and one day, but there a lot of other conditions that Apple did not force that make that suck more. Sincerely, an android user.
Just heard a joke recently:
Q: How do you milk sheep?
A: Release a new iPhone and charge £1000 for it.
* - My apology to apple fans
"That's the way to do it" - Punch
and in one case a worn out usb port.
And if you buy the right Android phone, you can then just plug a $10 Qi pad onto your charger and keep on using your phone.
In a surprising twist, Apple actually used that standard for their own wireless charging.
Hey, when the $1000 Applephone fails at 12-1/2 months, the eager Apple Customer will show up at the Apple Store to get another. They'll of course 'recycle' their worthless broken old Applephone, which Apple will of course put the $6 replacement part into to resell it as a reconditioned phone for $700. Eager customer goes home with their new phone that they owe another $1000 on.
It's just the cost of being an Apple customer. Many are proud to pay the price.
Because in general it is not the government's business to interfere with private agreements. If you and I agree to something, we should not need the government's permission.
Sir, you have this backwards. Government regulations are not granting permission, they are there to set a process that ensures everyone's rights are protected during the negotiation process, and to enforce penalties on those that break their contracts.
Without regulations, why should a billionaire CEO of a multi-national company give a shit what *you*, sabri, think about their policies and contracts? They can tell you anything you want to hear and then say "nevermind" after they've gotten your money. And what are you going to do as an individual?
Our government is of the people, for the people, by the people, because together we are strong and can protect ourselves and our rights. Individually we are weak, particularly in the face of a strong business adversary.
In this case, it does not [severely disadvantages them]. The system works as designed and the courts are now going to determine whether or not Apple's point of view (that an iPhone cannot be guaranteed to work after 1 year) is reasonable or not. This is based on general principles of reasonableness, not on a codified mandate for consumer warranties.
Our court system is effectively broken for most Americans. Have you been to court? I have. It's a lot of legal fees, meeting with lawyers, filing paperwork, waiting months for a court case, only to have the decision appealed by a defendant with way more money and time than you. It is extremely delayed justice, if you get it at all. The working and middle classes are typically hugely disadvantaged in court. We could fix it by requiring speedy trials, hiring more judges and public defenders, and other tweaks, but that would require a more expensive court system and likely higher taxes, which many completely flip their shit when they hear the word "taxes" so we've not been able to have constructive discussion on the topic.
We don't need the government to create laws that "protect" us, because those laws will have side effects. Don't believe me? Let me give you one example. It's somewhat off topic and may start a flame war, but that is not my intention. In my home country, the unions have been successful in creating very strong labor protection laws. In short, once you hire someone on a permanent contract, it becomes very difficult to fire them. That resulted in employers being careful in giving permanent contracts, and opting for temporary contracts which kept getting extended. Then the government created new laws to prevent that from happening, by mandating a permanent contract after three extensions. And guess what? Do you think more people got permanent contracts? No. "Disposable" workers that are easily replaced where replaced after three contracts. In California, where I live, there is the principle of at-will employment. This means (explaining for non-US person), that I can get hired and fired at any time. And you know what: that flexibility causes businesses to hire without giving it a second thought. No bullshit with temporary contracts needed, because everything is flexible. That is the net result of government interference, no matter how well these laws are meant.
It would be nice if we directed our ire at sociopathic executives of multi-national corporations that have no allegience to country or the people, rather than indirectly defending them when we attack government regulations and actions. No level of government did any of this to you; there is no law that says "no one should ever hire sabri for a permanent position". Corporations decided to do this because they are sociopaths, obsessed with forever increasing their profits regardless the consequences to people, the country, the economy, or the planet. Please note, I am in no way saying they shouldn't be profitable or well compensated for their work. Bei
I get that this is a non-issue to many, and I actually agree with Apple insofar as they sold the device to the carrier etc. with an explicit one year warranty.I just also see how people feel there is a jarring disconnect between contract time and warranty time, and wanted to feed some thoughts to that end.
I like the idea of vendors competing based on warranty (and yes you'd start seeing the same item at different price points based on the warranty).
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Come to socialist Europe, here the minimum warrenty is 2 years. I actually got a brand new iPhone SE recently, two months short of the 2 year period, when my old one failed.
But hey, we're just communists over here, with healthcare and proper laws. Don't get any ideas. ;-)
Assorted stuff I do sometimes: Lemuria.org