Do electronic products need to reset their warranty period after repair and replacement? Recently, Mr. Feng from Nanjing reported to Nandu reporters that he experienced a situation where the seller refused to reset the warranty period after exchanging products on Apple. Mr. Feng chose to sue Apple Trading (Shanghai) Co., Ltd. Nanjing Branch (hereinafter referred to as "Apple Nanjing Branch"), which lasted for nearly three years. After winning the second trial, Apple still refused to enforce the reset of the product warranty period for Mr. Feng. According to the China Execution Information Disclosure Network, Apple Nanjing Branch was listed as a debtor by the Xuanwu District People's Court in Nanjing on January 5, 2024.
The Southern Metropolitan Daily reporter learned that the "Regulations on the Responsibility for Repair, Replacement, and Return of China Mobile Telephone Products" clearly stipulate that after the exchange, the validity period of the three guarantees for the goods shall be recalculated from the date of exchange. But in the actual process of consumer exchange, many brand owners do not comply with this regulation.
"To be honest, I never thought I could win this case, but since I have won, it still makes sense to persist for so long." Mr. Feng said, "This case has a demonstrative effect. Once it is released, all other consumers will demand a reset of the warranty period in this way, so Apple is passive in handling it and unwilling to fulfill the judgment.". Now, the warranty period in the judgment is less than eight months left. If it continues to be delayed, it is meaningless for me to reset the warranty period because it is about to expire. This is a very desperate thing
For this case, the reporter from Nandu contacted the customer service of the Apple store involved, who requested that the reporter contact the designated Apple media contact email. After sending an email to the Apple media contact email, the reporter from Nandu has not received a response as of the time of publication.
Apple refuses to reset warranty period after repair or exchange
The court ruled against Apple
According to Mr. Feng, in 2022, he was given an Apple Magsafe external battery as a gift. However, due to product malfunctions, Mr. Feng went to Apple Aishang Tiandi (now renamed Apple Xinjiekou) in Nanjing twice to seek after-sales treatment, and both times provided solutions for replacement and repair.
In October of that year, Mr. Feng received a replacement product, but when checking the warranty date of the device through the Apple official website serial number, he found that the warranty date was not changed according to the provision that "the warranty period of the replaced product should be recalculated according to this regulation from the date of exchange." Mr. Feng believed that the warranty period should be from October 17, 2022, to October 16, 2023, after the exchange. Mr. Feng has complained to Apple customer service and went to the store to request processing, but has not received a response.
Mr. Feng's purchase of an Apple laptop also encountered the same problem. In May 2020, Mr. Feng purchased a MacBook Pro laptop. In November 2022, he discovered a malfunction in the keyboard of this computer. If the typing speed is fast, some letters may be missing and unresponsive. Mr. Feng brought this device to Apple Aishang Tiandi for repair. After inspection, the staff at the Apple store made a repair plan to replace the keyboard.
One day later, Mr. Feng went to Apple Aishang Tiandi to retrieve his laptop. The staff at the Apple store said that the computer has expired warranty, and the replaced parts are covered by a 90 day warranty. But Mr. Feng believes that the replaced keyboard should also have its warranty period recalculated according to this regulation from the date of replacement.
In November 2022, Mr. Feng filed a lawsuit against Apple Aishang Tiandi's main company, Apple Nanjing Branch, in court.
For the MacBook Pro laptop that Mr. Feng sent for repair, the court found that, based on the General Repair Terms and Important Information Commitment of the Genius Bar (referring to the area where technical support advice, product settings, and repair services are provided in the Apple Store), the warranty period was reset for the main components that were replaced due to product defects and quality issues. Based on this, the court believes that the MacBook Pro laptop is not bound by the warranty period of the defective product after the replacement of its main components due to defects and quality issues.
The court believes that the warranty period for the Magsafe external battery replaced by Mr. Feng after repair should be determined in accordance with the China Mobile Telephone Product Repair, Replacement, and Return Liability Regulations. After the exchange, the validity period of the product's three guarantees will be recalculated from the date of exchange. Therefore, Apple Nanjing Branch should reset the warranty period for Mr. Feng from the date of battery replacement.
As for the "Genius Bar Work Authorization&Confirmation" agreement, which states that "the replaced parts will continue to enjoy the remaining warranty or 90 day warranty (whichever is longer) from the date of equipment purchase", the court believes that it is clearly inconsistent with the "China Mobile Telephone Product Repair, Replacement and Return Responsibility Regulations", which limits the legitimate rights and interests of consumers, and this clause has no legal effect on Mr. Feng.
Finally, the court ruled that Apple Nanjing Branch shall issue a three guarantee certificate for Mr. Feng's Apple laptop keyboard within 10 days from the effective date of the judgment. The warranty period for the three guarantees shall be calculated from November 7, 2022 to November 6, 2024; Apple Nanjing Branch shall issue a three guarantee certificate for Mr. Feng's Magsafe external battery within ten days from the effective date of the judgment. The three guarantee warranty period shall be calculated from December 10, 2022 to December 9, 2023. Afterwards, Apple Nanjing Branch chose to appeal and ultimately upheld the original verdict in the second instance.
The original text of the second instance judgment. Respondents provide
Apple refused to execute the verdict after losing the lawsuit
Nanjing Branch Listed as Executed Person
Even if the lawsuit was lost, Apple Nanjing Branch still did not issue a new warranty certificate and extend the warranty period for Mr. Feng. Mr. Feng applied for compulsory enforcement. According to the China Execution Information Disclosure Network, Apple Nanjing Branch was listed as a debtor by the Xuanwu District People's Court in Nanjing on January 5, 2024.
Apple Nanjing Branch has been listed as an executor
Mr. Feng told the Southern Metropolitan Daily reporter that in February of this year, he reported to the Market Supervision Administration about another device purchasing company involved in this case, Apple Trading (Shanghai) Co., Ltd. Nanjing Yuhuatai Branch. The Market Supervision Administration replied to Mr. Feng, "Due to the merchant's refusal to mediate... our bureau has decided to terminate mediation on your complaint.". Our bureau has ordered the reported unit to correct the illegal behavior before April 3, 2024, and issued a warning as an administrative penalty on the spot. If the correction is not made within the time limit, you can report it to our bureau. This is to inform you
Mr. Feng also reported Apple Nanjing Branch to the Market Supervision Administration, and the case has been transferred to the Pudong District Market Supervision Administration in Shanghai.
On March 14th, Mr. Feng revealed to reporters from Nandu that he had received an administrative guidance letter and a notice of rectification from the Pudong District Market Supervision Administration of Shanghai, requesting Apple Trading (Shanghai) Co., Ltd. to comply with the judgment in accordance with the law, reset the warranty period of Magsafe external battery products for consumers, and fulfill its three guarantee responsibilities.
"To be honest, I never thought I could win this case, but since I have won, it still makes sense to persist for so long." Mr. Feng said, "As for the reason why Apple has always been unwilling to fulfill its obligations, it is also very simple because this case has a demonstrative effect. Once it is opened up, all other consumers will demand a reset of the warranty period in this way, so Apple has passively dealt with it and is unwilling to fulfill the judgment." However, Mr. Feng also said, The warranty period in the judgment is less than eight months left. "If I delay any further, it doesn't make sense for me to reset the warranty period because it's about to expire. This is a very desperate thing."
Xiao Jinyang, a lawyer at Guangdong Hebang Law Firm, told Nandu reporters that this case is a typical case of consumer disputes caused by mobile phone quality and after-sales service. To further strengthen the quality responsibility of operators, the judgment made by the people's court that operators assume the obligation to fulfill the reset warranty period has played a good exemplary role.
Xiao Jinyang pointed out that this case belongs to a typical infringement of the legitimate rights and interests of consumers, and the three guarantees policy, as an important consumer rights protection measure, has been clearly stipulated in the Consumer Rights Protection Law. Implementing the "three guarantees" for goods or services is a method for operators to ensure the quality of goods. At the same time, according to the relevant provisions of the Civil Code, the unreasonable use of format contract terms by merchants to increase consumer liability, restrict the main rights of the other party, and restrict consumer rights are invalid.
Xiao Jinyang believes that if Apple still refuses to execute and is subject to administrative penalties, if the party fails to comply with the administrative penalty decision within the specified time, the administrative authority that made the administrative penalty decision can take measures such as imposing additional fines, auctioning off the seized or detained property, transferring frozen deposits to offset the fine, and applying to the court for compulsory enforcement.
It is not uncommon for electronic product merchants to refuse to reset their warranty period
There are many cases like Mr. Feng, who, after purchasing electronic products and undergoing repairs and exchanges, hope to reset the warranty period but are rejected by merchants. Black Cat Complaints show that in the 3C product and small home appliance categories, many complaints involve merchants unwilling to reset the warranty period after exchanging goods.
Previously, a consumer filed a lawsuit against Apple over their unwillingness to reset the warranty period for repaired or exchanged iPads. According to the public verdict, in 2019, a consumer surnamed Fang purchased an iPad with screen abnormalities. After being sent to an Apple store for repair, he replaced the device with a new one, but was informed that the new device only had a 90 day repair period. The consumer surnamed Fang believed that the repair period should be reset after the exchange, so he sued Apple Trading (Shanghai) Co., Ltd. Hangzhou Shangcheng Branch in court. The final court ruled that Apple Computer Trading (Shanghai) Co., Ltd. shall reset the warranty period for the iPad of consumer surnamed Fang within ten days from the effective date of the judgment.
Apart from Apple, other brands have also experienced similar situations. According to the Black Cat complaint, two consumers complained that they had replaced their Xiaomi earphones with new ones due to malfunctions. However, the new phones did not have a reset warranty period. After the new phones had problems, the consumer applied for repair again and was informed that the warranty period had expired.
Small household appliances such as sweeping robots and electric toothbrushes are also the hardest hit areas for related complaints. According to the Black Cat complaint, similar complaints have been made by Euler B, Philips, and usmile. After purchasing electric toothbrushes from the aforementioned brands, consumers contacted the seller to replace the new machine with a faulty one. However, the new machine did not have a reset warranty period. When the new machine encountered problems again, the seller refused to repair it on the grounds that it exceeded the warranty period.
Can the warranty period be reset after replacing the damaged product with a new one at the merchant's location? From the current policy perspective, it mainly depends on the product category. According to the "Regulations on the Responsibility for Repair, Replacement, and Return of Certain Commodities" (hereinafter referred to as the "Regulations") issued by the State Economic and Trade Commission, the State Administration for Technology Supervision, the State Administration for Industry and Commerce, and the Ministry of Finance in 1995, "the validity period of the three guarantees after exchange shall be recalculated from the date of exchange. The seller shall affix a replacement seal on the back of the invoice and provide a new three guarantee certificate, or affix a replacement seal on the back of the three guarantee certificate."
The partial products referred to in the Regulations refer to the products listed in the Catalogue of Partial Products for Implementing Three Guarantees. The products subject to the "three guarantees" regulations include: bicycles, color televisions, black and white televisions, household video recorders, cameras, recorders, electronic pianos, household refrigerators, washing machines, electric fans, microwaves, vacuum cleaners, household air conditioners, range hoods, gas water heaters, sewing machines, clocks, motorcycles, mobile phones, landline phones, household audiovisual products, microcomputers, household cars, etc.
On this basis, some regions have expanded the scope of their "three guarantees" regulations. In 2018, Zhejiang Province revised its Three Guarantees Catalogue to remove 10 existing laws and regulations, including furniture, home decoration and renovation services, DVD players, water dispensers, sedans, cathode ray tube televisions, plasma televisions, LCD televisions, MP3, MP4, MP5, and other products that have been regulated or phased out; Keep 20 types of products, including commercial housing, tablets, digital cameras, and electric bicycles; Add 15 new products, including residential elevators, electronic toilets (covers), air purifiers, and driving recorders. It is reported that all 35 products are not included in the national "three guarantees" product regulations or higher than the national "three guarantees" product standards, and residential elevators are included in the "three guarantees" product catalog for the first time in the country.
Some categories also have more detailed three guarantees regulations. The "Regulations on the Responsibility for Repair, Replacement, and Return of Mobile Telephone Products" implemented since 2001 show that "after the exchange, the validity period of the three guarantees for the goods shall be recalculated from the date of exchange. The seller shall affix a seal on the back of the shipping ticket, indicate the date of replacement, and provide a new three guarantee certificate." The mobile phone product catalog for implementing the three guarantees includes the host and accessories (battery, charger, external wired headphones, mobile terminal card, data interface card).