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.

ipad air 2 group
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.

Top Rated Comments

richardsonrs Avatar
91 months ago
I agree with this. I didn't buy a refurb device. I bought a new device and it didn't work properly, it should be replaced with a new device.
Score: 31 Votes (Like | Disagree)
err404 Avatar
91 months ago
I hope this doesn't become standard practice. Quality refurbishing is fine and helps minimize e-waste.
I would be surprised if she could even detect a refurb vs a new device without being told.
Score: 22 Votes (Like | Disagree)
talmy Avatar
91 months ago
This is actually bad news for consumers because it will unnecessarily drive up prices of new goods. Unless the iPad was DOA, it was a used product when it went in for repair, and expecting a brand new replacement is unrealistic.

The inability to make repairs down at the individual component level is what led manufactures to have replacement, refurbished sub assemblies or entire replacement units. I first started seeing refurbished subassemblies in the 1960's. Prior to that circuits were simpler, there were more qualified repair technicians, and labor costs were relatively lower, and repairs were made at the component level. Nobody with a 1950's TV set going in for repair would get back a new TV, it would be 99% their old one and 1% the replacement part.
Score: 13 Votes (Like | Disagree)
H2SO4 Avatar
91 months ago
I imagine they'll also rule the same for, oh I don't know, every other OEM? A Samsung device, or an HP laptop: no refurb parts or no refurb devices allowed and it has to be brand-new? Reckon that ruling will extend to all others?

Yeah, I didn't think so.



Now this is absolutely ludicrous. The cost for that would easily exceed the price of a new iPad in the first place. What kind of toilet brush judge was ruling this? Did the claimant have emotional distress for the duration of their working-fine-but-it's-not-brand-new-so-therefore-I'm-dissatisfied device?

Unbelievable.
She bought a new device, not a remanufactured one. Apple are getting a slap because they took the piss. Let it go.
If the remanufactured ones are as good as new, (or better than that according to some), then why don’t Apple sell remanufactured devices alongside new ones in the shop? In fact the 'better than new thoroughly tested second hand ones' could even have a longer warranty as they’ve been tested more rigorously?

Strangely I wonder how Apple would react if Samsung told Timmy that he was to get remanufactured screens intermixed with new ones.
Score: 13 Votes (Like | Disagree)
csurfr Avatar
91 months ago
Seems easy enough for Apple to deal with this. No more replacements in store. You bring them the iPad they ship if out for repair. Nothing says they *have* to replace it, right? AppleCare states "replace or repair".

So much for your convenience.
Score: 9 Votes (Like | Disagree)
err404 Avatar
91 months ago
I agree with this. I didn't buy a refurb device. I bought a new device and it didn't work properly, it should be replaced with a new device.
What is going on in your head that enables you to look at two subjectively identical devices that only differ in the box which they were shipped and judge one as inferior because parts in it may have been around the block in the past.
I would understand your point if we were taking about a store return that was shrink wrapped and stuck back on the shelf, but that is not what Apple is doing.
Score: 9 Votes (Like | Disagree)

Popular Stories

iOS 18 Siri Integrated Feature

iOS 18 Will Add These New Features to Your iPhone

Friday April 12, 2024 11:11 am PDT by
iOS 18 is expected to be the "biggest" update in the iPhone's history. Below, we recap rumored features and changes for the iPhone. iOS 18 is rumored to include new generative AI features for Siri and many apps, and Apple plans to add RCS support to the Messages app for an improved texting experience between iPhones and Android devices. The update is also expected to introduce a more...
iGBA Feature

Game Boy Emulator for iPhone Now Available in App Store Following Rule Change [Removed]

Sunday April 14, 2024 8:06 am PDT by
A week after Apple updated its App Review Guidelines to permit retro game console emulators, a Game Boy emulator for the iPhone called iGBA has appeared in the App Store worldwide. The emulator is already one of the top free apps on the App Store charts. It was not entirely clear if Apple would allow emulators to work with all and any games, but iGBA is able to load any Game Boy ROMs that...
iGBA Feature

Apple Removes Game Boy Emulator iGBA From App Store Due to Spam and Copyright Violations

Sunday April 14, 2024 9:22 pm PDT by
Apple today said it removed Game Boy emulator iGBA from the App Store for violating the company's App Review Guidelines related to spam (section 4.3) and copyright (section 5.2), but it did not provide any specific details. iGBA was a copycat version of developer Riley Testut's open-source GBA4iOS app. The emulator rose to the top of the App Store charts following its release this weekend,...
iOS NES Emulator Bimmy Feature

NES Emulator for iPhone and iPad Now Available on App Store [Removed]

Tuesday April 16, 2024 11:33 am PDT by
The first approved Nintendo Entertainment System (NES) emulator for the iPhone and iPad was made available on the App Store today following Apple's rule change. The emulator is called Bimmy, and it was developed by Tom Salvo. On the App Store, Bimmy is described as a tool for testing and playing public domain/"homebrew" games created for the NES, but the app allows you to load ROMs for any...
iOS 18 Siri Integrated Feature

Apple's First AI Features in iOS 18 Reportedly Won't Use Cloud Servers

Sunday April 14, 2024 9:52 am PDT by
Apple's first set of new AI features planned for iOS 18 will not rely on cloud servers at all, according to Bloomberg's Mark Gurman. "As the world awaits Apple's big AI unveiling on June 10, it looks like the initial wave of features will work entirely on device," said Gurman, in the Q&A section of his Power On newsletter today. "That means there's no cloud processing component to the...
m3 mbp space black

M4 Macs Are Expected to Launch in This Order Starting Later This Year

Sunday April 14, 2024 10:40 am PDT by
Bloomberg's Mark Gurman recently reported that the first Macs with M4 series chips will be released later this year, with more models to follow next year. In his Power On newsletter today, Gurman shared a more specific roadmap for these Macs. Here is the order in which Gurman expects the Macs to launch:1. A low-end 14-inch MacBook Pro with the M4, coming around the end of 2024. 2. A 24-inch ...
new best buy blue

Best Buy Opens Up Sitewide Sale With Record Low Prices on M3 MacBook Air, iPad, and Much More

Saturday April 13, 2024 7:41 am PDT by
Best Buy this weekend has a big sale on Apple MacBooks and iPads, including new all-time low prices on the M3 MacBook Air, alongside the best prices we've ever seen on MacBook Pro, iPad, and more. Some of these deals require a My Best Buy Plus or My Best Buy Total membership, which start at $49.99/year. In addition to exclusive access to select discounts, you'll get free 2-day shipping, an...
top stories 13apr2024

Top Stories: M4 Mac Roadmap Leaked, New iPads in Second Week of May, and More

Saturday April 13, 2024 6:00 am PDT by
Apple's hardware roadmap was in the news this week, with things hopefully firming up for a launch of updated iPad Pro and iPad Air models next month while we look ahead to the other iPad models and a full lineup of M4-based Macs arriving starting later this year. We also heard some fresh rumors about iOS 18, due to be unveiled at WWDC in a couple of months, while we took a look at how things ...