Dutch Court Rules Apple May Not Use ‘Remanufactured’ iPads for Warranty Replacements

A new ruling by a judge in the Subdistrict Court of Amsterdam has mandated that Apple can not replace a broken iPad unit with a "remanufactured" device, and must supply the plaintiff with an entirely new iPad instead. The case stems from a woman who purchased an iPad Air 2 with AppleCare back in 2015, and subsequently faced problems with the device's Wi-Fi around four months later.

Apple then supplied the woman with a remanufactured version of the iPad, which Apple said is a process by which the company reconstitutes damaged products by using "the same production and inspection procedures" as it does for brand new devices. The woman disagreed with Apple's methods of replacing her iPad and took the company to court, with Tweakers [Google Translate] reporting that she "was not satisfied" with the remanufactured device she was given under AppleCare.


The Dutch judge has now ruled in agreement with the plaintiff, stating that a remanufactured version of the iPad is not enough. The judge said that the purchase state of the original iPad is what should be looked at when considering replacement devices, meaning an iPad purchased as remanufactured could be replaced with a remanufactured iPad, although it's unclear how -- or if -- purchasing a remanufactured iPad is even possible.

But an iPad purchased brand new -- as is the case here -- should be replaced with a new iPad. The Amsterdam court goes into more detail in a briefing posted online recently, translated from Dutch:
If a plaintiff had purchased a refurbished or replacement iPad, Apple may replace it with a refurbished or replacement copy, but if the consumer, as in this case, purchased a new iPad, she is entitled to a new iPad as a replacement."
A similar case passed through the Dutch courts last summer, wherein another Dutch woman sued Apple for refusing to replace her broken iPhone 6 Plus with a brand new model. The victory nullified the purchase agreement that the woman made with Apple, and ordered the company to refund the woman the full €799 that she paid for the iPhone. In short order, that case set a precedent for the future of similar cases in the country, placing a stain on "refurbished" devices sold by Apple, leading the company to use "remanufactured" ones instead.

Although the terms are sometimes used interchangeably, refurbished refers to the redistribution of used products to consumers at a slightly reduced cost, after they first go through a process that ensures their quality is ready for the market. Remanufacturing is generally a more rigorous and expensive process for companies to go through -- which is one of Apple's arguments in the Dutch case -- as it requires a level of specifications to be met that are as high-standard as they were for the original product.

The argument hasn't worked for Apple, and the judge has now ruled that Apple has to pay the woman in question €100 for every day that she was left without the new replacement iPad.


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Apple Says Third-Party iPhone Screen Repairs No Longer Fully Void Your Warranty

iPhones that have undergone any third-party screen repair now qualify for warranty coverage, as long as the issue being fixed does not relate to the display itself, according to an internal memo distributed by Apple today. MacRumors confirmed the memo's authenticity with multiple sources.


Previously, an iPhone with a third-party display was not eligible for any authorized repairs under warranty.

When a customer with an iPhone that has a third-party display seeks a repair for a non-display issue, Apple Stores and Apple Authorized Service Providers have been advised to inspect the device for any fraud or tampering, and then swap out the device or replace the broken part based on Apple's in-warranty pricing.

iPhones with third-party displays must still be within their warranty coverage period, whether it be Apple's standard 1-year manufacturer's warranty or extended AppleCare coverage, in order for warranty service to be honored.

If the iPhone is out of warranty, or the repair involves a display-related issue, customers will be offered the option to pay Apple's flat rate out-of-warranty pricing. If a customer declines this out-of-warranty pricing, then Apple Authorized Service Providers are instructed to decline service altogether.

If the presence of any third-party part causes the repair to be unsuccessful or breaks the iPhone, Apple said customers will be required to pay the out-of-warranty cost to replace the third-party part, or the entire device if necessary, in order to resolve the issue that the iPhone was initially brought in for.

If a customer wants to pay for an Apple genuine display to replace their third-party display, Apple Authorized Service Providers have been instructed to quote the typical out-of-warranty price for a new display. Apple said AppleCare+ will not cover third-party display or battery repairs.

Apple Authorized Service Providers are still instructed to decline service for any iPhone with a functional failure related to a third-party aluminum enclosure, logic board, battery, Lightning connector, headphone jack, volume buttons, mute switch, sleep/wake button, and certain microphones.

MacRumors has confirmed that the policy applies to repairs in the United States and Canada, while other regions are likely included.

Tags: warranty, AASP

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