Apple to small claims

Firblog

Hi, I've started a case against apple in the small claims court.

Bought a 10.9" ipad at Christmas 22, in Feb 24 it stopped charging, you can see some damage in the charging port - blackened little contacts. This tablet has been well taken care of, immaculate and only ever apple cable and charger used to power it.

Apple will fix the issue for a price as they say it is outside the "apple one year limited warranty"

They also say

"without prejudice to the above the claimant has failed to produce any evidence that the device was not of merchantable quality(ie fit for the purpose or purposes for which goods of that kind are commonly bought and as durable as it is reasonable to expect having regard to any description applied to them, the price, and all the other relevant circumstances; at the time of purchase, pursuant to section 14(3) of the sale of goods act 1893?? - doubt that's correct (the 1893 act) as substituted by section 10 of the sale of goods and supply of services act 1980

Accordingly the respondent denies the claimants claim.

I take it that my response to this is to dispute their claim that it was '' as durable as it is reasonable to expect having regard to any description applied to them, the price, and all other relevant circumstances at the time of purchase" - I mean an ipad that costs €500+ should last more that 14 months?

I have to respond to the registrar in writing, what should I write?

Cheers

SuperBowserWorld

Isn't it 6 years in Ireland ?

https://www.citizensinformation.ie/en/consumer/shopping/guarantees-and-warranties/

Firblog

Sorry, isn't what 6 years?

Flinty997

https://www.boards.ie/discussion/comment/122142672#Comment_122142672

statutory rights he linked to it.

28064212

The 1893 act is still in force, the 1980 act amended it. The technical title to cite them together is "Sale of Goods Acts, 1893 and 1980".

6 years is just the maximum limit where you can still raise a problem. That doesn't mean every product must last six years - due regard will be given to what is reasonable and could be expected. You can't buy a child's toy for €5 and then get your money back because it breaks 5 years later.

OP, I would simply respond that you don't believe 14 months is a reasonable time frame to expect from such a product. Depending on the question framed and space, you could add what you've said about the price and care you've taken

Firblog

Yeah, if i'd bought a cheap €100 tablet or if the ipad had been poorly taken care of I'd have no issue. But Apple is supposed to be a premium brand, well made, a quality product for which you pay extra, definitely should last longer than 14 months.