p2pnet news | Products:- Apple is being forced to provide $45 store credits for Canadians with new first-, second- or third-generation iPod bought before June 24, 2004.

The news comes in a 35-page court document relating to the $3.6 million settlement.

Following two class-actions, Apple Canada also has to pay the legal fees of two iPod owners, “suing because rechargeable batteries in the second year of use conked out after just three hours, contrary to the advertised claim of eight hours between recharges,” says the Montreal Gazette, going on:

“Although Quebec Superior Court denied class-action certification to Ines Lenzi of Montreal, a similar suit launched in Toronto by Bradley Waddell was accepted by the Ontario Superior Court, says the stotry, gooing on that Apple agreed to a settlement covering both claims. ”

The deal will be finalized in court in Montreal on May 26 and in Toronto on June 20, but another suit against Apple Canada by Montreal law student David Bitton, is pending.

He says his new iPod Nano has 7.45 gigabytes of memory, not the eight gigabytes claimed in its marketing material, says the Gazette, adding:

“Bitton’s lawyer, James Nazem, has asked for certification of a class action covering eligible consumers. He is seeking a full refund, or failing that, a 7.5-per-cent refund of the $220 purchase price, corresponding with the lower capacity, and $75 in damages.”

Says the court document >>>

Apple agrees to provide each Class Member who has experienced a Battery Failure during the second year following purchase and who submits a valid Claim Form, substantially in the form attached hereto as Schedule “A,” a $45 CDN Store Credit by regular mail. The Store Credit shall entitle a Class Member to purchase, or obtain a discount on, an Applebranded product or service subject to the following terms and conditions:

A Store Credit may only be used in the 12 months following the date of issuance;

A Store Credit may only be used to make an online order on the Apple Canada Online Consumer Store;

A Store Credit may not be used on the Apple online education store or any Apple online specialty store, and may not be used to purchase gift cards, gift certificates, software downloads, iTunes content, refurbished products, any products which are not Applebranded, or any products redeemable for cash. More specifically, and without limiting the generality of the foregoing, a Store Credit cannot be used to purchase or obtain a refund on iTunes content, iTunes Store Cards, iTunes Store Gift Certificates, iTunes Song Codes or Allowances, or any products redeemable for iTunes content;

A Store Credit may be transferred one time only, and can not be aggregated with another Store Credit or redeemed for cash;

A Store Credit may be used to purchase multiple products but, in all instances, the full value of the Store Credit must be used up or exhausted in a single transaction;

The Store Credit can be used to cover taxes and shipping and handling costs.

Stay tuned.

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Montreal Gazette - Apple offers $45 credit for Canadian owners of older iPods, May 8, 2008

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This entry was posted on Friday, May 9th, 2008 at 12:46 pm and is filed under Product News. You can follow any responses to this entry through the RSS 2.0 feed. You can leave a response, or trackback from your own site.

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