On 2015-10-31, Peter Corlett <
ab...@mooli.org.uk> wrote:
> Alexander Schreiber <
a...@usenet.thangorodrim.de> wrote:
>> Oh, they are not complete idiots and their legal department isn't entirely
>> on crack. They didn't word it exactly that way and used plenty of weasel
>> wording about water resistance not being water proof (as if most people
>> would be able to define the difference) and it being tested in static,
>> inactive conditions (screen off, no button pressing), yada yada. But the
>> above is basically the TLDR.
>
> It wouldn't be a claim under the warranty, it would be a claim to enforce
> statutory rights under the Sale of Goods Act for the goods being Not As
> Described and/or Not Fit For Purpose. Any disclaimers in the warranty or other
> bumph only provided after purchase are utterly moot.
Yup. Here in the Land Down Under, if you, the product vendor, provide
an advertisement showing your product being used underwater, then that
product had damn well better work underwater, or you will be up for
repair, replacement, or refund under the "goods not as described" or
"goods not fit for purpose" clause of the consumer law here. (Of
course, those that try taking it scuba diving to a depth of 50 metres
would have a harder time making such a claim, because the company
could reasonably argue that that falls outside of reasonable use, even
for something that could cope with regular swimming activities. No
scuba diver can reasonably assert that they don't understand how 30+
metre diving is different to <3 metres of swimming.)
Apple got stung with this when they brought out the third generation
iPad: they billed it as being capable of 4G mobile data service, but
it turned out that the particular frequencies it could communicate on
weren't being used for Australian 4G service. That prompted a Very
Stern Word from the ACCC, a great deal of backpedalling from Apple,
and the offer (from, and funded by, Apple) of an unconditional refund
within a certain period of time for those that had bought the iPad.
The assumption behind the period of time was that if you kept using it
beyond that period of time, you could safely be assumed to be okay
with continuing to use the iPad on 3G data service, especially since
Apple went out of their way to email those that had linked a
third-generation iPad to their Apple IDs.
There have also been companies stung when they tried to explicitly
disclaim their responsibilities for warranties by pointing the
purchaser back to the manufacturer, but that's another issue.