Apple Customer Service and warranty exceptions

Question

Hello all,
Whilst I love my Apple hardware and software, and have had many good experiences with them over the years, unfortunately I post today with a complaint about what I perceive to be poor customer service and product quality.
In late March/early April of 2006, I purchased a 1.83GHz MacBook Pro with great anticipation- Intel inside, Tiger OS, inbuilt webcam, and general awesomeness all round. I also purchased the 3 year AppleCare warranty, which was to be a godsend as during the following three years I would experience:
*The replacement of the battery under the original MacBook Pro battery exchange program
*The left fan on the unit dying in 2007
*The logic board itself dying in late Feb/Early March 2008, thus bricking my laptop
*Another battery replacement as the replacement for the original died before it (realistically) should have (Apple very nicely made an exception to the battery's 1 year technical warranty and replaced it for me).
Fair enough, it's a new unit and was bound to have some problems. Unfortunately, last week the logic board died AGAIN; a mere 18 months after it was replaced in 2008. The unit is out of AppleCare warranty by 5 months or so, but I was urged by forumites and friends to call Apple, who would surely make an exception for me and pay for the replacement part, given my service history with the laptop and Apple's reputation for excellent customer service.
Unfortunately, this has proved to not be the case. Calling customer service at Apple Australia I talked to Steven, who was firm to the point of rudeness when he stated that my laptop was out of warranty and Apple would cover nothing but the labour charges involved, as a "guesture of good will". When stretched, he offered me a $125 voucher if I wanted to purchase anything over $400 in the Apple store, and stressed he didn't have to do this but the company was attempting to provide good service to its customer.
Despite my argument that I forked out over $3000 for this laptop a mere three years ago and am now looking at over $1000 to repair something replaced only 18 months ago, his line was that Apple provided a warranty and that was simply that (apart from a month or two grace). Five months is apparently "far outside the warranty period".
I received no challenge to my assertion that after buying something which cost over $3000, it was reasonable for Apple to expect a consumer to pay an extra $1000 every year after the warranty finishes to replace a broken logic board. In truth, I find this near incomprehensible, considering one can buy the supposedly inferior build quality of a Dell, HP, Toshiba, etc and see it last not just beyond the warranty but another two or three years before it finally suffers something terminal.
While from a warranty perspective Apple are well and truly within their rights to refuse to pay for the part, at the end of the day I am left to pay $1000+ for a repair for something which may only last another 12 months, plus $3500+ for a new Macbook Pro with AppleCare if I want a replacement- minus of course the $125 they are offering.
I did some reading of the ACCC's website about my statutory rights and the Trade Practices act, and I note the following with interest:
*Statutory conditions (goods)*
The Trade Practices Act implies the following statutory conditions into consumer contracts:
* The goods must be of merchantable quality. That is, they must meet a basic level of quality and performance, taking into account their price and description. They also should be free from defects that were not obvious to you at the time of purchase.
* The goods must be fit for their purpose. That is, they should do what they are supposed to do and be suitable for any purpose that you might have made known to the supplier.
* The goods must match the description you were given or the sample you chose from. For example, any carpet laid must be the same quality and colour as the sample you chose from.
* You must receive clear title to the goods, including goods bought at auction. In other words, you can expect to own the goods outright and any restriction on ownership should be explained to you beforehand.
While I don't particularly want to make a big deal of things, I hardly see $3000+ for three years use and $1000 each year thereafter to be merchantible quality or fit-for-purpose! This is supposed to be a high end laptop with excellent build quality, and yet I've a secondhand iBook that has been chugging for longer without issue than this machine!
I told Steven from Customer Service that his offer didn't satisfy me in the slightest, and still put me in an awkward position with regards to repair and repurchase. He simply wouldn't budge, and refused to see things from my point of view (which another operator, Anu, was able to do and thus produce a much better response from myself). I have since asked to speak to his manager which- after initial resistance- I have been able to secure a future callback from. I have no idea how well discussions with he/she will go.
What I'd like to hear from you guys and girls is your experience with similar situations, and whether you think I've a leg to stand on with regards my replacement request or the ACCC stuff above. Again, I love my Apple products but I hardly think asking them to replace the part while I pay for labour is a big ask, given the service history and my desire to continue buying and using their products.
Love to hear your points of view on this one; thanks for taking the time to read it!
Cheers,
Dave.

Answer 1

Dear meacod
I have live the same, except that I Cure my MBP before it goes to die.
A lot of older participants here just talk about Aplle care, which seem the automatic thing in front of a lack of real good quality on Apple products .
But I think we pay the price, and my second hand MBP was much more expensive than a brand new PC with more ram, more Hard disk, and even a blue ray...
I don't know your mbp history, but that's sure that we are not equal, in world, with Apple customer support. France is not so great, I don't know for your country.
The only thing I think is that Apple should take care of us, as we have some unacceptable issues, for An Apple Product...
Since 1996, when Apple was almost dead, saved by Bill Gates investment !!! , I have every year promote it, and it was not easy, but I have bring to Apple between 3 to 10 customers each year..
since One year, I have stop that, because I don't believe anymore in Apple product's superiority .
Oh, yes, on the paper, it's better, the system is really good. But the overall experiment can be so bad that I don't want to loose friends, or customers...
I don't say it's always bad : I just say that it CAN BE SO BAD and that Apple DON'T take care of that...
so, for your computer, open it, check it a lot, may be it's too late, but for instance, you talked about a fan, I have solved that case just by putting oil on the fan's axe...
good luck