A Dutch judge has ruled that Apple can’t use refurbished iPads to replace broken ones covered by its AppleCare warranty. While Apple’s terms of service explicitly state that the company can use refurbished units as replacements, the judge ruled that Apple can only issue refurbished replacements to customers who initially purchased a refurbished unit. “If a plaintiff had purchased a refurbished or replacement iPad, Apple may replace it with a refurbished or replacement copy,” the judge said. “But if the consumer, as in this case, purchased a new iPad, She is entitled to a new iPad as a replacement.”

Apple faced a similar complaint last July in California, where a class action lawsuit was filed arguing that refurbished replacements for devices bought new don’t live up to the company’s pledge to deliver replacements “equivalent to new in performance and reliability” after a refusbished replacement also failed to work properly. The company recently began offering superior iPad Air 2 models to customers eligible for a replacement of their fourth-generation iPads, with reports claiming Apple is running low on stock of the discontinued model.

Source: ilounge