In April, Vanya received an offer to study at QUT, starng in semester 2. To congratulate Vanya, his father purchased a new Apple Mac Laptop at the end of May at CompUworks (CU Works) as part of an End of Financial Year run out stock sale, receiving a 20% discount on what he was advised was an older model.

He gave this to his son in July, direcng that Vanya "make sure to study hard and pass all courses!" Vanya, thrilled with the laptop, opened it, admired it and then stored it carefully unl aer orientaon week. Prior to his first class, Vanya charged the laptop but it would not turn on. Aer referring to the instrucons, he phoned the Apple help line and, as per the direcon of the online expert, plugged the laptop back in to charge it. It sll didn't turn on, much to the confusion of the support person who advised Vanya that "it should be working by now and if there are any problems it can be returned to the shop where it was purchased."

Vanya, aware Apple products were known for being good quality, was not concerned and tried again to turn the laptop on. This me it made a loud noise and started to smell like it was burning so Vanya turned it off and decided to take it back to CUWorks the following week when he went home for the weekend. In the meanme Vanya used QUT's computers and the 24 hour computer lab when he wanted to study late.

Vanya went into CUWorks and the Manager of the store examined the laptop and confirmed it was not working. Aer asking for the purchase receipts, which Vanya didn't have, the Manager informed Vanya:

"Unfortunately this store is not in a position to help you. Even if you had the receipts, we no longer sell this old model which is why we sold it at a discounted price. Generally, as a courtesy and because we appreciate our customers, we will offer an exchange service for problems that arise within two weeks of purchase - as that is more than a reasonable time to figure out if there is an issue. But you are several months on so we can't do that. Additionally, we cannot replace it because we do not have any others.

Look at the sign on the cash desk - it clearly states if you receive a discount of any type then you are not able to return the item or have it replaced for any reason, 'Any stock purchased at a discounted price is excluded from the Australian Consumer Law Guarantees.'"

Vanya is really upset as his parents used their savings to buy the laptop and he really needs it for University. He asked if he could have a replacement as he needed to start his assessment preparaon but the Manager just pointed at the sign on the desk and shook his head. "Sadly, we can't help. Pity your father didn't buy the extended warranty package - that would be the only circumstances that would really cover this situation with CUWorks. Otherwise it is a manufacturer thing."

 

Unfortunately every Apple store in Queensland is closed for refurbishment in preparaon to launch the new "Apple Vision Pro" so Vanya can't even go there to ask for help. 

AYN456 Business and Corporaons Law Assessment 2, Semester 1 2023

 Vanya doesn't see having to find an Apple service store and engage with more enes

to be reasonable use of his me.

Part A problem queson:

i) Advise Vanya on his rights and possible remedies under the Australian Consumer Law (ACL), providing the relevant secons of the ACL and cases where relevant.

ii) Advise Vanya if the Store Manager is correct when he states "the extended warranty package - ... would be the only circumstances that would really cover this situation." Why/why not?