In contract with a broken iPhone

jlynch019

Hi All,

This is just for info for people who have found themself in the same situation as me:

I am in a 2yr iPhone contract with O2, the contract has another 6mth left to run, and my phone recently began to flicker until eventually it 'white screened' all together and became totally unusable.

Firstly i took the phone to Apple who explained it was some connection error with the LCD screen. However because the phone was out of warranty they couldnt offer me a free replacement (only repair: £79. or Replacement: £130) which is fair enough.

I then went to O2 and explained my phone was broken (but NOT accidently damaged!!) they said that since the phone was no longer covered by Apples 12mth warranty they were unable to do anything about it. Hahaha we shall see about that i said to them!.

I checked my contract small print which states that if the equipment (i.e. handset) devlops a fault or is not 'fit for purpose' then i am entitled to a repair, or if appropriate, replacement or refund. O2 denied this is what the contract meant (even though it was in black and white) The assistant clearly was clutching at straws when discussing the small print and eventually was unable to point out anywhere in the contract that excempts them from their responsibility as a service/goods provider (unless i was a business customer... which i'm not). Round 1 to me!

I then brought their attention to the Sale of Goods Act, which also states that i am entitled to a repair, refund or replacement if the said item is not fit for purpose or has failed to last a 'reasonable period'. I asked them whether it was unreasonable to expect that a phone provided as part of a 2yr contract should last at least the contract term. They tried to get out of giving me a clear yes or no answer but they eventually admitted that it was reasonable to expect this. Therefore I told them if this was a reasonable assumption the the phone was not 'fit for the purpose' it was provided for. Trading Standards agreed with this! Round 2 to me!

My new phone is in the post at no addtional charge. :rotfl:

Any company with do what they can to save money and no give in, however check the small print (contracts are they to protect you as well as them) and remember your statutory rights. O2 had no right to waive their resonsilbilities simply because the warranty had ended. A warranty simply gives you ADDITIONAL rights to that of your consumer rights. O2 provided me with the phone therefore they were responsible under the sale of goods act regardless of warranty.

Please note that is simply if the phone is broken through no fault of your own.

arielcohen

Good job mate, happy to hear the positive outcome and that you managed to get passed the blockade of phone is out of warranty script the cs surely told you. Wish more people would know their rights as a consumer so that companies stop making these excuses, Orange apparently only give 6 month warranty and im sure their are people out their that have had to pay after their phone broke a few months after that.

JJ_Egan

Odd result as phone is supposedly not part of the contract .
As the contract is not for the phone but the network .


I then brought their attention to the Sale of Goods Act, which also states that i am entitled to a repair, refund or replacement if the said item is not fit for purpose or has failed to last a 'reasonable period'. I asked them whether it was unreasonable to expect that a phone provided as part of a 2yr contract should last at least the contract term.

Which on a high end phone is perfectly reasonable ..


You have almost produced Case law on mobile warranty backed by Trading Standards ..

I have never understood how a £500 phone misses the SOG after twelve months but a £500 washing machine does not .

Well done mate .

jje

Scotty1.7

arielcohen wrote: »

Good job mate, happy to hear the positive outcome and that you managed to get passed the blockade of phone is out of warranty script the cs surely told you. Wish more people would know their rights as a consumer so that companies stop making these excuses, Orange apparently only give 6 month warranty and im sure their are people out their that have had to pay after their phone broke a few months after that.

I just found this out my self with Orange

jlynch019

JJ_Egan wrote: »

Odd result as phone is supposedly not part of the contract .
As the contract is not for the phone but the network .
jje

That is what i found many people hand been told! O2 never pulled that card with me, however my O2 contract had a whole section on the equipment (i.e. SIM and Handset) so they couldn't Also I would argue that I signed up for my contract with a phone included as a package, It was NOT a Sim only contract. Also in my case i paid £90 for the phone, so they couldn't claim it was a freebie

However regardless of the contract they still provide you with the SIM and handset, These are goods provided by them no matter how they claim otherwise. Therefore you still have consumer rights under the sale of goods.

All i would say to anyone in the same situation is do your homework on consumer rights, be very persistent (o2 were insisting they were right but because i know my right i run rights round the staff) and if you can somehow prove your defect is a manufacturers issue, trading standards say they will become involved as there is no way by law they can not issue a repair. Just depends how much you are willing to push!

Helen_J_3

Well done!