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Salgud <spamboy6547@comcast.net> wrote in news:i0on4p$752$1
@news.eternal-september.org: > But their "absolutely atrocious" handling of this makes it so much > worse. If Apple had come forth when this started, or, if really unaware > of the problem beforehand, after they did some research and found that > the problem is real and serious, and offered free Bumpers to any and all > iPhone 4 customers, the folks raising all the hell would have less to > rave about. The iSteve has played right into the Apple-haters hands by > his handling of the situation, probably because no likes being told > their baby has a large wart on the end of it's nose. > > No, the PROPER and MORAL thing to do is to recall the defective products, say your sorry, give them a NEW, REDESIGNED product without the defect and a free month for their trouble from the carrier.....and be big heros to a loyal fanbase, instead of acting like a shithead and being the goat. Apple CAN afford to do what's proper and moral to it loyal customers, especially at these profit margins! As it is, as soon as the judge rules, FTC can FORCE Apple to replace the defective products, which is also proper and moral for the bureaucracy tasked with enforcement of the Magnusson-Moss Warranty Protection Act, 15USC50sect2300. Here's the FTC businessman's manual telling Steve HIS obligations to YOU, the consumer of his defective product: http://www.ftc.gov/bcp/edu/pubs/business/adv/bus01.shtm Very interesting reading, this manual. Every consumer needs to read it. Quoting from the manual's implied warranties section they CANNOT weasle out of by just saying it doesn't apply to them in their written warranty: "The implied warranty of merchantability is a merchant's basic promise that the goods sold will do what they are supposed to do and that there is nothing significantly wrong with them. In other words, it is an implied promise that the goods are fit to be sold. The law says that merchants make this promise automatically every time they sell a product they are in business to sell. For example, if you, as an appliance retailer, sell an oven, you are promising that the oven is in proper condition for sale because it will do what ovens are supposed to do—bake food at controlled temperatures selected by the buyer. If the oven does not heat, or if it heats without proper temperature control, then the oven is not fit for sale as an oven, and your implied warranty of merchantability would be breached. In such a case, the law requires you to provide a remedy so that the buyer gets a working oven." The product is defective because it doesn't function AS THE BUYER, not Steve Jobs, expects. Being forced to hold it a certain way before it will work isn't acceptable, even in Steve's wildest imagination. "Federal law prohibits you from disclaiming implied warranties on any consumer product if you offer a written warranty for that product (see What the Magnuson-Moss Act Requires) or sell a service contract on it (see Offering Service Contracts)." http://www.free-lemon-law-guide.com/...rranty-act.php The actual law is stored here: http://www.law.cornell.edu/uscode/ht..._15_10_50.html My favorite part is section 2304(a)(4) which says: "(4) if the product (or a component part thereof) contains a defect or malfunction after a reasonable number of attempts by the warrantor to remedy defects or malfunctions in such product, such warrantor must permit the consumer to elect either a refund for, or replacement without charge of, such product or part (as the case may be). The Commission may by rule specify for purposes of this paragraph, what constitutes a reasonable number of attempts to remedy particular kinds of defects or malfunctions under different circumstances. If the warrantor replaces a component part of a consumer product, such replacement shall include installing the part in the product without charge." The key words to pay particular attention to are: "such warrantor must permit the consumer to elect either a refund for, or replacement without charge of, such product or part (as the case may be)." Notice the Federal Law says it's up to the CONSUMER, NOT Steve Jobs or anyone at the ATTWS store or anyone at Apple Computer, to decide for HIMSELF whether to get a FULL REFUND, NOT a tradeup for more money, NOT a partial refund at 5c on the dollar, a FULL REFUND OF EVERY PENNY.....or.....a REPLACEMENT unit, at NO CHARGE. This is why WalMart cheerfully refunds or replaces the pants the zipper came out of or the bike that fell apart or the car stereo that ran 10 hours and died. Walmsrt is NOT your friend. Walmart is merely complying with FEDERAL LAW. Look through the law and the FTC site and notice there is no exemption for Apple Computer or Steve Jobs listed.....(c;] Replacing this malfunctioning PoS with another malfunctioning PoS is NOT PERMITTED.... And the judgement of whether it's fixed or not is UP TO YOU not up to "them"....a very nice position to be in, indeed. -- Global Warming and Creationism are to science what storks are to obstetrics... Larry |
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