dr_lha said:
I don't post here very often - but let's try and settle this EU Product Warranty Directive point
It doesn't actually matter where the mac is assembled, as whether it is assembled in the EU or outside the EU, if it was bought from Apple within the EU they would be a "producer", as defined in article 2(b) of the Directive as a "manufacturer of consumer goods, the importer of consumer goods into the territory of the Community or any person purporting to be a producer by placing his name, trade mark or other distinctive sign on the consumer goods". If it was bought from Apple in the EU, they are caught. If someone else imported a US made Mac into the EU, you wouldn't have a direct claim against Apple, as they wouldn't themselves have done anything within the EU - which covers the point someone made above about the EU having no jurisdiction over American firms - the EU doesn't if it is for anything done in the states. Here the sale was made in the EU, so the directive catches them.
BUT .... the "warranty" is not a two year warranty in the sense that Apple gives a one year limited warranty or three years under Applecare. If you read the Directive (it is here: http://europa.eu.int/eur-lex/lex/No...gs=10&hwords=&checktexte=checkbox&visu=#texte ) it imposes the following requirements:
1) The seller must deliver goods to the consumer which are in conformity with the contract of sale. (Article 2(1)). More detail is given in Article 2(2), but this is basically saying they are fit for purpose.
2) The seller shall be liable to the consumer for any lack of conformity which exists at the time the goods were delivered. (Article 3(1)). It only applies if it wasn't fit for purpose at the time of delivery - i.e. you have to show the fault existed when you got it.
3) The seller shall be held liable under Article 3 where the lack of conformity becomes apparent within two years as from delivery of the goods. (Article 5(1)) You have two years from the date of delivery to go to court, if you find out that, on the date you got it, there was something wrong with it. This doesn't mean that if it breaks after 1 and half years you have any rights to repair. Incidentally in the UK you have this general contractual right (called a limitation period) for 6 years under most contracts.
4) If it breaks within the first 6 months then there is an assumption that it was broken on delivery (Article 5(3)). After that you have to prove it.
In summary, Apple's limited warranty therefore (unsurprisingly) gives you at least the rights you are entitled to under EU law (well this Directive anyway
). The directive is not, in any case, directly enforceable. Each country will have enacted it into their own law, so you may have more rights under national law - this sets out a bare minimum of consumer rights that are common across the whole of Europe. This isn't my area of expertise, so don't rely on what I say (although IAL), but reading the law, rather than making wild suppositions based upon its title always seems preferable.
