Dear Claudienne,

On December 7, 2013 I bought an Apple iPad 2 at One Stop Computers Limited. I was given a one year warranty that expired December 7, 2014.

The iPad started to malfunction and I took it back to One Stop on November 21, 2014.

When I took it back to the store I was having the following problems:

1. Gives a green and purple display

2. The display is fuzzy and jumping, resolution poor

3. No sound, unable to adjust sound

4. Charge runs out quickly without using

5. Problems occurred after charging item

I returned it to the store without any visible dents to the surface or cracks to the screen and was able to slide and unlock and read from the iPad.

On November 25, 2014 the proprietor of One Stop telephoned and informed me that the LCD had been damaged due to the iPad being dropped.

I told him that the iPad had not been dropped and pointed out that when I returned it to his business place there was no evidence of any dents to the surface or cracks to the screen.

He said that the LCD was broken from inside and that it could have broken without any visible signs of damage from the outside of the iPad.

He tried to convince me that the iPad had been dropped, but I insisted that it had not been dropped.

On November 28, 2014, I called the One Stop proprietor to find out if the iPad could be returned to Apple since it still had

an Apple International warranty.

He said that because it had user damage, it could not be returned. He also told me that it had been discovered that the digitizer was damaged. However, I pointed out that when he spoke to me on November 25, 2014 he had only mentioned that the LCD was damaged.

On December 1, 2014, I collected the iPad from One Stop Computers and took it to MIST, the Apple Authorised Dealer in Liguanea.

After inspecting it, the Apple dealer revealed that the iPad could neither slide nor open and that there was a visible crack on the inside of the screen.

The dealer said that when I returned the iPad to One Stop, the proprietor there and then should have returned it to Apple International for them to make a diagnosis of the problem and to make a decision. He said that once the product was damaged it could be sent back to Apple International for diagnosis.

When I telephoned the One Stop proprietor on December 1, 2014 I told him that the iPad could neither slide nor open. I also told him that it had a visible crack to the screen that was not there when I initially returned it to the store on November 21, 2014. He told me to return it, and that his technician would have to say what had caused this new problem.

On December 2, 2014 I returned the iPad to One Stop Computers for the second time.

When I called the store on December 4, 2014 I was told that the damage to the iPad had spread, and that the cost of $13,500 to fix it would have to be borne by me.

I believe that since the One Stop Computers warranty was still in force when I returned the computer I should get a full refund from them.

I would appreciate your help in this matter.

DF

Dear DF

In response to a Tell Claudienne query, Mist Limited – the local

Apple dealer – sent the

following statement to Tell Claudienne:

“All devices purchased from Apple have a one-year manufacturer’s warranty. According to Apple’s warranty agreement, a customer can claim for a repair or replacement of a unit depending on the nature of the problem. As the Authorised Service Provider, we are the ones that determine if a unit falls under Apple’s warranty or not. Unless the warranty period is in dispute at Apple, the customer requesting the warranty replacement/repair does not need to be the original owner/purchaser of the unit. The 1- year warranty offer does not exclude any additional requirements that the country of residence of the user requires (this is also in the document in that link above). If you are selling Apple products, you should be aware of the Warranty requirements and of the persons who are able to honour said requirements. As One Stop Computers is not an Authorised Service Provider, their technician should not open any Apple product within the 1- year Warranty period. Only Authorised Service Providers are allowed to work on units that are within the Warranty period. Opening an iPad constitutes user damage and voids the existing Apple Warranty.”

However, One Stop Computers Limited disagrees:

The proprietor said that the iPad was ” bought from an online store.” An e-mail from One Stop stated that: “No such document is required as we operate in a free market, hence we are free to buy and sell for profit. As was told to DF, the Consumer Affairs Commission (CAC) and yourself, the tablet came to us with a cracked digitizer, which is not covered under any warranty whatsoever.”

The One Stop proprietor told us that he gave you a one-year warranty. He said that your complaint about the IPad was made shortly before the expiration of the warranty. He said that you told him that your 22-year-old son who used the tablet, only used it in your presence. He said that if the screen had not been cracked when you returned the iPad he would have honoured the warranty and given you a new iPad. He said that he checked the cost for a new digitizer and told you that if you paid for it he would not charge you for labour costs.

The CAC told us that as it could not be verified whether One Stop or you damaged the tablet, it was difficult to determine if the CAC Act had been breached. The CAC said that the fact that One Stop was not an authorised Apple dealer did not mean that they could not sell the iPad. The CAC said that under Jamaican law a business is not required to be a dealer to sell a product. The CAC said that where there is no explicit written warranty, the CAC Act allows for an applied warranty of six months.

In the case of the iPad that you bought from One Stop, you were given an explicit one-year warranty.

One Stop said that when they checked in December 2014, the cost of a digitizer was $13,000. The current cost is $14,500, and if you are prepared to stand the cost you will not have to pay an additional amount to have the new digitizer installed.

When you decide what to do, you can let the proprietor know.

Good luck.

Have a problem with a store, utility, a company? Telephone 936-9436 or write to: Tell Claudienne c/o Sunday Finance, Jamaica Observer, 40-42 1/2 Beechwood Avenue, Kingston 5; or e-mail: edwardsc@jamaicaobserver.com. Please include a contact phone number.