Replacement iPhone Faulty..

peter.belfast

Hello...

Just wondering if someone could point me in the right direction before I had to the Apple shop today.

In October 2008 I got a brand new iPhone 3G, and took out the insurance.

On Wednesday, it got damaged and o2 insurance replaced it with a brand new model which arrived yesterday so (in theory) the year's warranty should have started yesterday since that was when it was initially registered with Apple and started to be used / supplied to me.

The phone itself has a technical fault where when you put it up to your ear it doesn't shut the screen off so you put yourself into mute by using your lobe!

So. I've an appointment this afternoon with the Genius Bar at Apple since clearly one of the sensors is defective but what I'm wondering is...

1. Who's responsibility is it to replace / repair the handset.

2. As it's brand new and has developed a fault from the word go, should this be an instant brand new replacement - if so is this Apple or O2 who would be responsibile for this?

I know if I bought one and took it back the following day I'd be entitled to a brand new one but under the fact it was provided by insurance, is this covered by the same thing.

3. If Apple offer a refurbished handset, am I legally obliged to accept it or should I take the claim up with o2?

Many Thanks

Peter

Finefoot

I have found Aplle to be quite good with their service. I would go directly to them, O2 are not very helpful. Ours had been changed, without any hassle, they just inserted our old simcard, and activated it. Good luck!

yummymummy79

My thoughts below:

peter.belfast wrote: »

On Wednesday, it got damaged and o2 insurance replaced it with a brand new model which arrived yesterday so (in theory) the year's warranty should have started yesterday since that was when it was initially registered with Apple and started to be used / supplied to me.
Nope not necessarily, a warranty is completely optional for the company to provide so you may have one or you may not. If there is one, you will be bound by the T&Cs (unless there is something very random in there!)

So. I've an appointment this afternoon with the Genius Bar at Apple since clearly one of the sensors is defective but what I'm wondering is...

1. Who's responsibility is it to replace / repair the handset.
Whoever supplied it so I would say the insurance company. It is now a different phone to the one you bought/acquired/were given initially, so in effect there is a new sales/supply contract (not in the phone airtime contract meaning of the word) for that 2nd phone.

2. As it's brand new and has developed a fault from the word go, should this be an instant brand new replacement - if so is this Apple or O2 who would be responsibile for this?
Again it would be whoever supplied it to you, and I would suggest that a replacement is reasonable under the circumstances.

I know if I bought one and took it back the following day I'd be entitled to a brand new one but under the fact it was provided by insurance, is this covered by the same thing.
Not necessarily as they would be supplied by different people under different circumstances. But new replacement still seems reasonable.

3. If Apple offer a refurbished handset, am I legally obliged to accept it or should I take the claim up with o2?
Neither! Don't see why a new replacement shouldn't be offered, and it sounds like it has nothing to do with O2 as they have had no involvement in the issue of this 2nd phone. If they had arranged the replacement then that may be a different matter.

I would suggest that this is now covered under the Supply of Goods and Service Act 1982 which contains all of the same rules as the Sale of Goods Act (satisfactorily quality inc durability etc) but as it was a 'supply' rather than a 'sale' the different piece of law applies.