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
100 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
100 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
100 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
100 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
100 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
100 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

Here Are Apple's Full Release Notes for iOS 18.2

Thursday December 5, 2024 11:48 am PST by
Apple seeded the release candidate version of iOS 18.2 today, which means it's going to see a public launch imminently. Release candidates represent the final version of new software that will be provided to the public should no last minute bugs be found, and Apple includes release notes with the RC launch. The iOS 18.2 release notes provide a look at all of the new features that are coming...
Apple AI Command Center Concept Mock 3

Apple Expected to Launch This All-New Device Next Year

Wednesday November 27, 2024 1:05 pm PST by
Apple is expected to kick off 2025 by launching an all-new smart home hub, also referred to as a "command center," as early as March. The hub is expected to feature around a six-inch display that can be attached to a tabletop base with a speaker, or mounted on a wall. The device is said to run a new "homeOS" operating system with a customizable widget-focused home screen, and it is expected...
airpods pro 2 gradient

AirPods Pro 3 Expected Next Year: Here's What We Know

Thursday November 28, 2024 3:30 am PST by
Despite being released over two years ago, Apple's AirPods Pro 2 continue to dominate the wireless earbud market. However, with the AirPods Pro 3 expected to launch sometime in 2025, anyone thinking of buying Apple's premium earbuds may be wondering if the next generation is worth holding out for. Apart from their audio and noise-canceling performance, which are generally regarded as...
iPhone 14 Pro Display Two Times Brighter Feature

Every Display Upgrade Rumored for Apple's iPhone 17

Friday December 6, 2024 5:14 am PST by
Apple's next-generation iPhone 17 lineup may bring some of the most significant display improvements we've seen in recent years. While the iPhone 17 series isn't expected until late 2025, multiple rumors suggest Apple is working on substantial screen upgrades across its entire smartphone range. From enhanced refresh rates to advanced materials and improved power efficiency, these display...
New Things Your iPhone Can Do in iOS 18

20 New Things Your iPhone Can Do in iOS 18.2

Friday December 6, 2024 4:42 am PST by
Apple is set to release iOS 18.2 in the second week of December, bringing the second round of Apple Intelligence features to iPhone 15 Pro and iPhone 16 models. This update brings several major advancements to Apple's AI integration, including completely new image generation tools and a range of Visual Intelligence-based enhancements. There are a handful of new non-AI related feature controls...
Tim Cook WWDC 2024

Apple CEO Tim Cook Opens Up About AI Plans, Vision Pro Future, and More in New Interview

Wednesday December 4, 2024 5:40 am PST by
WIRED today shared in an in-depth interview with Apple CEO Tim Cook, asking questions about AI, Vision Pro sales, pre-recorded keynotes, and more. The wide-ranging interview covers Apple's pivot toward AI technology, including what Apple Intelligence features Cook finds most useful, Apple's partnership with OpenAI, and the environmental impact of AI. For example, WIRED asked Cook about...
Generic iOS 18

Apple Seeds Release Candidate Versions of iOS 18.2 and More With Genmoji, Image Playground and ChatGPT Integration

Thursday December 5, 2024 10:03 am PST by
Apple today seeded the release candidate versions of upcoming iOS 18.2, iPadOS 18.2, and macOS Sequoia 15.2 updates to developers and public beta testers for testing purposes, two weeks after releasing the fourth betas. Alongside the release candidate versions of the iPhone, iPad, and Mac operating system updates, Apple has also seeded the watchOS 11.2, tvOS 18.2, and HomePod Software 18.2 RCs....