Big Aura said:if your statutory rights are that "good conform to a contract" then Amazon's conditions of contract (i.e. the contract you're hoping to have your goods conform to) are of paramount importance!...(snip!)
They would be of paramount importance if you were making a claim based on a warranty/guarantee that Amazon offered, but that isn't applicable in this instance as the warranty has expired. In this case neilmistry would be making a claim that the goods do not conform to the Contract of Sale as they do not meet the criteria in the SOGA.
I'd say the common belief that rights end after 12 months is mainly due to poorly informed consumers who seem to think their rights are limited to their 'warranty'. I don't think this is readily presumed by anyone else, so I don't think it's too hard to fight against.
Neilmistry said:Amazon still won't accept that they are liable, saying they disagree with my interpretation of the EU law. They have said that they will reconsider if I get a report from Apple (or an independant engineer) and only if they say it was defective at the time of purchase
They're entirely correct, I'm afraid. Regardless of if you're using EU or UK law, there is no automatic presumption that goods of this age are faulty. If a defective item is less than 6 months old, it is presumed that it was faulty when sold and it's down to the retailer to demonstrate otherwise. After this 6 month period the responsibility falls to the consumer to demonstrate why the item is faulty (the Reversed Burden of Proof). If you get a report in your favour and Amazon accept it, they will be obliged to cover the cost of your report as well as compensate you.