Late 2008 MacBook Crackling

I wasn't too sure where I should post this, but here's my problem:
I purchased a refurbished MacBook from the Apple site in October of 2009. From the first week I got it, it had been making crackling noises (mainly from the right speaker), sometimes right after I started it up, and sometimes after a few minutes of use. Even if I had muted the speakers or had no audio/video playing, the problem would still occur.
I've taken it to the Genius Bar 3 times now. The first time, the speakers were replaced, and the second time, I'm not sure exactly what was done, but it was listed as 'Hardware Repair - Level One'. The third time, the Mac Genius told me that the problem was not a hardware problem, but that it was occurring because I had installed conflicting applications (the crackling noise never occurred while I was running Windows 7). I found this hard to believe, since I had reformatted twice and the problem did not go away. In addition, the only programs I had installed were the Adobe CS4 Design Premium Suite, VLC Media Player, Office 2008, Opera, Bowtie and Microsoft Messenger. No obscure applications with known issues with OS X.
However, I decided to reformat again. When I did, the crackling noise came back right at the Welcome video, before I had even had a chance to do anything with the computer. What I wanted to know was if I am entitled to ask for a full refund for the MacBook. I live in Ontario, and I couldn't find anything about any consumer laws for computers, and everyone else I have asked is not sure either. I just wanted to ask and make sure I wasn't being unreasonable asking for a refund, and if I could ask for one.
Thanks in advance.
Message was edited by: Thor Valhalla

Apple has great customer service, and they can be very accommodating. Whether they have to replace your computer or not, you are definitely entitled to ask them. I'd give them a call and respectfully pitch your case.

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ken94538,
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4SNS/1/40000000 LB1T
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Two pieces of information that may or may not b helpful, the hard drive is from my early 2008 MBP and the only test disc I have access to is from an iMac.

Why do you have LION installed on that older machine?
So you say you built a macbook from a bucket of parts eh? Kudos
heres a pic of the battery temp sensor

Late 2008 MacBook Crackling

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