MSE News: Apple offers iPhone 4 fix and refund

Former_MSE_Guy

This is the discussion thread for the following MSE News Story:

"Apple boss Steve Jobs last night promised customers a free rubber case to cure signal problems or their money back ..."

Read the full story:
Apple offers iPhone 4 fix and refund

Banner_Stands

The signal does drop out very suddenly if you grasp the phone and cover both sides of the metal casing.

If a refund is allowed then might be worth returning and then waiting for the next revision of the phone to become available?

lozzaman

I watched the announcement (the video is on Apple's site now, minus the Q&A)

Can't say I'm totally convinced since there was too much emphasis on how this effects the whole industry. The examples given show the phones being grasped with the antenna deliberately covered, whereas with the iPhone it's not that it's covering the antenna that's causing the problem (as otherwise the case wouldn't fix it) but down to the conductivity of the user.

The example of number of dropped calls was made to sound "not all that big of a deal" but I'll be damned if I drop as many as 1 in 100 of my calls. If all of a sudden that went up by 1 in every 100 that would be a pretty huge increase in my opinion. Also, as soon as a user is aware that part of the phone is going to cause the call to drop, they'll be making damn sure not to hold the phone there, no matter how uncomfortable it is.

On the plus side at least they are rectifying the situation somewhat and following this announcement it should make any return a little easier. So it's either
- Accept that the phone has a fault, that us fairly unique to the iPhone, and cover it with a free case.
- Accept that the phone has a fault, live with it and use it uncovered.
- Return the phone for a full refund.

Which seems fair to me. No doubt we'll see hundreds of articles on the web of people complaining about the phone, but not returning it anyway and demanding a proper fix from Apple. That I don't have much time for.

Wh05apk

So where do people stand if they have taken this on a contract? will the contract be cancelled as well?

lozzaman

I don't know tbh, but would certainly hope so.
They normally try and claim that the phone does not form part of the contract, but considering you can't buy these tarrifs (not that you would anyway) without an iPhone I'm not sure how they can argue that?

Snakeeyes21

Wh05apk wrote: »

So where do people stand if they have taken this on a contract? will the contract be cancelled as well?

The airtime contract and handset are two completely seperate things

mr-mr_2

Snakeeyes21 wrote: »

The airtime contract and handset are two completely seperate things

I disagree with that proposition (who do you work for btw?).

In due course, this may need to be tested in the courts.

mr-mr_2

Lobby group Consumer Direct stresses that if you are entitled to a refund, replacement, repair or compensation, it is the firm that sold you the phone that must sort out your problem, not the manufacturer (see Consumer Direct’s web page on mobile phone rights).

I disagree with that.

Under the Sales of Goods Act that may be true, but an action would like at common law against the manufacturer.

Oscar_The_Grouch

mr-mr wrote: »

I disagree with that.

Under the Sales of Goods Act that may be true, but an action would like at common law against the manufacturer.

Mr-mr, I believe I will be speaking for most people on this website when I say "who cares?". To be honest, whether you quote Sale Of Goods Act, Unfair Contract Terms Act, Distance Selling Regulations, Common Law or go completely off the rails and move into Donoghue v Stevenson (1932) - duty of care of the provider of goods and services - is something that a person returning their iPhone is hardly likely to consider.

Get in touch with your service provider. Ask them what their terms are for returning an iPhone 4 in light of the press release by Steve Jobs and Apple. If they say that you are not entitled to one, ask to speak to a manager.

ONLY if that gets you nowhere should you then start considering breach of contract, Sale of Goods and others.

digp

CNN is reporting this.

... the phone could still be recalled after September 30, or that a new version could be issued...

:rotfl:

digp

http://www.kcrlegal.com/iPhone-reception-problems.aspx