Apple is being sued by one of their customers over the company’s AppleCare+ plan. The lawsuit revolves around the fact that Apple says that the replacement device a customer receive under the AppleCare+ Plan is “equivalent to new in performance and reliability”.
The plaintiff, claims otherwise.
In this case, there exists a clause in the AppleCare+ extended warranty plan that states that the replacement device one receives when one breaks their device will be “equivalent to new in performance and reliability”. What it fails to mention is if refurbished devices fall under that category. In fact, the word “refurbished” only appears once in the AppleCare+ terms and it was not in reference to a device at all.
According to plaintiff Vicky Maldonado, her replacement fourth generation iPad was not “new or equivalent to new in performance and reliability”. The thing is, Vicky had already received refurbished devices twice under two different AppleCare+ plans.
Receiving refurbished devices when you take your broken Apple device in for an exchange is pretty common, as a Genius Bar employee told AppleInsider.
It’s also pretty common here in Malaysia. SoyaCincau’s very own editor received a refurbished iPhone 5 when he swapped in his defective device during the recall. Thankfully, the device he received was perfectly functional and, for lack of a better term, equivalent to new in performance and reliability.
What do you guys think of this? Let us know in the comments below.
