Apple letting their consumers down

Apple has severly let me down. During the course of April I have spent over 100K in apple products for my business only to have the Mac book Pro break within 9 days of purchase. Below is my communications with apple without a response : To whom this may concern.

I purchased a mac book pro value :R38799.00 and hardcover shell also bought at the apple store R1099.00 on the 9th April 2022 @Canal walk Istore. As per the slip the product was bought at 09-04-22. As per the service acceptance letter the product was returned defective on the 18/04/2022

The unit condition as per the accessor was that of finger print smudges on keyboard and display. Please note there were no scratches bumps or cracks mentioned by the accessor. The laptop was in pristine condition as I the user state that I did not mishandle, drop or damage the device.

Time line : Device was bought on the 9th April 2022 On the evening of the 17th the device's display was found to be flickering on opening the device. Device was taken to the i store on the 18th April 2022 (9 days later) in original packaging with no items missing. Service acceptance letter was received and the device was handed in with original packaging Device was then sent to the Core Service Centre. An email was then sent to me below stating :"P'ease note that your unit has physical damage, which has voided the warranty." I have also been requested to pay for damages to a defective device.

Comments: As per Service acceptance letter there was no damage on the laptop when handed in only fingerprint smudges. I have also found that the outcome from the core service team is in breach of my consumer protection act :

Consumer act: RIGHT TO FAIR VALUE,GOOD QUALITY AND SAFETY

Imp**** warranty of quality 56. (1) In any transaction or agreement pertaining to the supply of goods to a consumer there is an imp**** provision that the producer or importer, the distributor and the retailer each warrant that the goods comply with the requirements and standards contemplated in section 55, except to the extent that those goods have been altered contrary to the instructions, or after leaving the control, of the producer or importer, a distributor or the retailer, as the case may be. (2) Within six months after the delivery of any goods to a consumer, the consumer may return the goods to the supplier, without penalty and at the supplier’s risk and expense, if the goods fail to satisfy the requirements and standards contemplated in section 55, and the supplier must, at the direction of the consumer, either— (a) repair or replace the failed, unsafe or defective goods; or (b) refund to the consumer the price paid by the consumer, for the goods. (3) If a supplier repairs any particular goods or any component of any such goods, and within three months after that repair, the failure, defect or unsafe feature has not been remedied, or a further failure, defect or unsafe feature is discovered, the supplier must— (a) replace the goods; or (b) refund to the consumer the price paid by the consumer for the goods. ******10 (4) The imp**** warranty imposed by subsection (1), and the right to return goods set out in subsection (2), are each in addition to— (a) anyother imp**** warranty or condition imposed by the common law, thisAct or any other public regulation; and (b) any express warranty or condition stipulated by the producer or importer, distributor or retailer, as the case may be.

Specifically : (2) Within six months after the delivery of any goods to a consumer, the consumer may return the goods to the supplier, without penalty and at the supplier’s risk and expense, if the goods fail to satisfy the requirements and standards contemplated in section 55, and the supplier must, at the direction of the consumer, either— (a) repair or replace the failed, unsafe or defective goods;

Consumer right : CONSUMER RIGHT TO CHOOSE

Consumer’s right to return goods 20. (1) This section is in addition to and not in substitution for— (a) the right to return unsafe or defective goods, contemplated in section 56; or (b) any other right in law between a supplier and consumer to return goods and receive a refund. (2) Subject to subsections (3) to (6), the consumer may return goods to the supplier, and receive a full refund of any consideration paid for those goods, if the supplier has delivered— (a) goods to the consumer in terms of an agreement arising out of direct marketing, and the consumer has rescinded that agreement during the coolingoff period, in accordance with section 16; (b) goods that the consumer did not have an opportunity to examine before delivery, and the consumer has rejected delivery of those goods for any of the reasons contemplated in section 19(5); (c) a mixture of goods, and the consumer has refused delivery of any of those goods, as contemplated in section 19(8); or (d) goodsintendedtosatisfy a particular purpose communicated to the supplier as contemplated in section 55(3), and within 10 business days after delivery to ******558 the consumer, the goods have been found to be unsuitable for that particular purpose. (3) Subsection (2) does not apply with respect to any goods if— (a) for reasons of public health or otherwise, a public regulation prohibits the return of those goods to a supplier once they have been supp**** to, or at the direction of, a consumer; or (b) after having been supp**** to, or at the direction of, the consumer, the goods have been partially or entirely disassembled, physically altered, permanently installed, affixed, attached, joined or added to, blended or combined with, or embedded within, other goods or property. (4) Goods returnable in terms of— (a) subsection (2)(a) must be returned to the supplier at the consumer’s risk and expense; or (b) subsection (2)(b) to (d) must be returned to the supplier at the supplier’s risk and expense, within 10 business days after delivery to the consumer. (5) Upon return of any goods in terms of this section, the supplier must refund to the consumer the price paid for the goods, less any amount that may be charged in terms of subsection (6). (6) In determining the right of a supplier to impose a charge contemplated in subsection (5), if any goods returned to the supplier in terms of this section are— (a) intheoriginal unopened packaging, the supplier may not charge the consumer any amount in respect of the goods; (b) in their original condition and repackaged in their original packaging, the supplier may charge the consumer a reasonable amount for— (i) use of the goods during the time they were in the consumer’s possession, unless they are goods that are ordinarily consumed or depleted by use, and no such consumption or depletion has occurred; or (ii) any consumption or depletion of the goods, unless that consumption or depletion is limited to a reasonable amount necessary to determine whether the goods were acceptable to the consumer; or (c) in any other case, the supplier may charge the consumer a reasonable amount— (i) as contemplated in paragraph (b); and (ii) for necessary restoration costs to render the goods fit for re-stocking, unless, having regard to the nature of the goods, and the manner in which they were packaged, it was necessary for the consumer to destroy the packaging in order to determine whether the goods— (aa) conformed to the description or sample provided, in the case of goods that had not been examined by the consumer before delivery, as contemplated in subsection (2)(b);or (bb) were fit for the intended purpose, in a case contemplated in subsection (2)(d).

Specifically : (4) Goods returnable in terms of— (a) subsection (2)(a) must be returned to the supplier at the consumer’s risk and expense; or (b) subsection (2)(b) to (d) must be returned to the supplier at the supplier’s risk and expense, within 10 business days after delivery to the consumer. (5) Upon return of any goods in terms of this section, the supplier must refund to the consumer the price paid for the goods, less any amount that may be charged in terms of subsection (6).

Consumer right :Right to fair, just and reasonable terms and conditions

Unfair, unreasonable or unjust contract terms 48. (1) A supplier must not— (a) offer to supply, supply, or enter into an agreement to supply, any goods or services— (i) at a price that is unfair, unreasonable or unjust; or (ii) on terms that are unfair, unreasonable or unjust; (b) market any goods or services, or negotiate, enter into or administer a transaction or an agreement for the supply of any goods or services, in a manner that is unfair, unreasonable or unjust; or (c) require a consumer, or other person to whom any goods or services are supp**** at the direction of the consumer— (i) to waive any rights; (ii) assume any obligation; or (iii) waive any liability of the supplier, on terms that are unfair, unreasonable or unjust, or impose any such terms as a condition of entering into a transaction. (2) Without limiting the generality of subsection (1), a transaction or agreement, a term or condition of a transaction or agreement, or a notice to which a term or condition is purportedly subject, is unfair, unreasonable or unjust if— ***5 30 35 40 45 (a) it is excessively one-sided in favour of any person other than the consumer or other person to whom goods or services are to be supp****; (b) the terms of the transaction or agreement are so adverse to the consumer as to be inequitable; (c) the consumer re**** upon a false, misleading or deceptive representation, as contemplated in section 41 or a statement of opinion provided by or on behalf of the supplier, to the detriment of the consumer; or (d) the transaction or agreement was subject to a term or condition, or a notice to a consumer contemplated in section 49 (1), and— (i) the term, condition or notice is unfair, unreasonable, unjust or unconscionable; or (ii) the fact, nature and effect of that term, condition or notice was not drawn to the attention of the consumer in a manner that satisfied the applicable requirements of section 49.

Specifically : (c) require a consumer, or other person to whom any goods or services are supp**** at the direction of the consumer— (i) to waive any rights; (ii) assume any obligation; or (iii) waive any liability of the supplier, on terms that are unfair, unreasonable or unjust, or impose any such terms as a condition of entering into a transaction.

Attached : Service acceptance letter received on the 18th April 2022 Quotation to fix laptop breaching consumer rights Slip : Purchases on the 9th April 2022