The China Consumers' Association again made comments on the unfair repair clausesof Apple on Aug. 30, detailing ten items. It is the third time that the company wasblamed 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, Applewill 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 newcomponents for consumers, they cannot change the fact that the replaced parts belongto 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 guaranteesthat 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 awarranty claim, customers must send back their products to the fixed maintenancepoints at their own expense.
Comments of Consumers' Association: Apple’s rules contradict Chinese regulationsand are invalid unilateral declaration. According to Chinese law, if repairs are notcovered by the warranty, Apple should compensate for the reasonable costs includingbut not limited to transportation and communication costs and costs missing workingtime.
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 accordancewith any other legal theories in any case. If the product is damaged or lost in themaintaining period or damaged due to maintenance, Apple's liability is limited to therepair or replacement costs.
Comments of Consumers' Association: The clause greatly reduces and exempts thecivil liability that Apple may bear due to its faults and excludes the principal rights ofconsumers. It has violated the relevant laws and regulations of China and is invalid. Toall the losses caused by improper maintenance and storage, Apple should be liable fordamages.
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