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Customer SUES Apple Over Cracked Watch In Landmark Case - And Wins

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A man who took on tech giant Apple over a faulty watch has beaten the odds to win his case, forcing the company to pay out compensation.

Tech fan Gareth Cross bought the £339 Apple Watch Sport last July but the screen cracked just 10 days later, despite the company’s claim that it was “resistant to scratches and impact”.

His complaint to Apple resulted in a six-month battle where the company - who have just posted record quarterly revenue figures of £52.9 billion - refused to replace the watch.

They claimed that the damage resulted from impact and was not covered by their warranty.

However, Gareth took his to fight to the small claims court, arguing that Apple breached the Sale of Goods Act.

And despite the size and power of the company he was up against, Gareth has won his case, meaning Apple had to refund his money and pay out for court costs.

A judge ruled that the company breached the contract of sale as it had been falsely advertised.

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Crack: Gareth noticed the damage to his Apple Watch after 10 days (SWNS)

Gareth, 32, from Aberystwyth, said: “I bought my wife Rachel the regular Apple Watch, but I went for the Sport version because I am prone to knocking things about a bit and it said it was impact resistant.

"But I noticed a tiny 4-5 mm crack on the screen just 10 days after buying it - I hadn’t even been doing anything strenuous, just sitting around watching TV.”

Apple’s one-year warranty states that it covers "defects in materials and workmanship” but not normal wear and tear or damage caused by accident or abuse.

After initially appearing sympathetic, Apple refused to budge on replacing the watch, refusing to send him engineer reports and eventually falling silent before he took them to court.

The company was ordered to refund him the cost of the watch and £429 in court costs and they have since removed the literature claiming that the Apple Watch Sport is resistant to impact.

Gareth has also got his unrepaired watch back.

Similar incidents involving damage to the watch, including one person who says theirs broke after playing tennis, have been mentioned on social media.

As far as Gareth is aware he is the only one to have taken Apple on over its advertising of the accessory.

Top pic: SWNS