Perminder S. Tung, a lawyer from Surrey, British Columbia, has filed a lawsuit against Apple Canada after the loss of his three-year-old Time Capsule backup. Tung has accused Apple of a contract breach for failing to provide the promised goods and services. He is seeking over $25,000 in damages for the device’s failure and, as a result, the loss of his only iPhone backup, which he states contains irreplaceable “information and memories,” which were not stored any other place than on his phone and router.

Tung claims that the router and backup unit failed on approximately March 14 of this year, about three years after he initally purchased it. As the product was past the one-year warranty, Apple tech support refused to troubleshoot the product. Tung was then told to bring it into to the Apple Store where it was purchased. Six days later, Tung was told by the Apple Store in the Pacific Centre that the data stored on the Time Capsule was lost and irretrievable, and also admitted that previous Time Capsule models were known to develop problems: In 2008, between February and June, a number of Time Capsules purchased were recalled due to power issues.

Before Tung was able to find a backup solution of his own, his iPhone failed and he lost data of his first child’s birth, among other important memories that were stored in his phone but were not in iPhoto, iCloud, or an iTunes backup.

The court documents allegedly prove that the failure of this product does, in fact, lie in Apple’s hands as at the time of the sale by Tung he required that “if the product were to fail, the stored data would be retrievable.”

The specific information about the TIme Capsule’s mode of failure are not available, as well as why the iPhone suddenly failed. Apple Canada has not yet commented on the filing of this lawsuit.

Source and Image Credit: Electronista

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