Orange claiming secret iPhone issues agreement with Apple?

manyamuckle

Hiya,

Had a few problems with Orange these past 18 months after being a customer for a decade or more and so I'm leaving them.

The biggest headache I've had is when my iPhone developed a fault in Jan (faulty battery meant it wouldn't hold charge and was therefore unusable) a little over a year after I got my iPhone 3GS from them with a renewed contract. I didn't take out Orange Care.

Basically, after six months of too-ig and fro-ing with Orange (who ignored many of my letters) got me nowhere. I eventually got a letter, which I still have, from them claiming the following:

"Within the first six months, if there are issues with a phone, a repair or a replacement is offered. As a business decision, Apple and Orange reached a binding agreement whereby it has been requested by Apple, that they solely deal with any issues regarding their products so unfortunately we are unable to veer outside of this policy."

I thought this 'binding agreement' claim was very odd/suspect so I wrote to Apple's UK Head Office and they confirmed what I thought, that NO such deal exists between Orange and Apple.

How can Orange claim this?

By the way, Orange point blank refused to meet any of my claim for compensation/rectification of the issue which included refunding the cost of a replacement handset. I have now switched supplier.

Anyone?

NFH

Orange has an agreement with Apple that Apple will carry out repairs or replacements of defective iPhones. Although Orange is liable as the retailer under the Supply of Goods and Services Act 1982 to carry out repairs or replacements, Orange has sub-contracted this task to Apple as its agent. Therefore if you phone Orange with an iPhone fault, they will transfer your call to Apple to deal with the issue on Orange's behalf. I believe that Apple acts as Orange's agent only until one year after purchase, which is the manufacturer's warranty period, an additional right that does not replace your statutory rights under the Supply of Goods and Services Act 1982. Therefore if your iPhone develops a fault after one year, you will have to pursue Orange under the Supply of Goods and Services Act 1982, under which Orange remains liable at least until the end of the services to which the goods relate.

grumbler

Your relations with Orange are regulated by the SOG Act, not by some agreements between Orange and Apple. Apple don't allow Orange to repair faulty handsets within the warranty period and insist in the handsets to be sent to Apple for repair. Orange have an obligation to take the handset and to sent it to Apple, but they are notorious for fobbing their customers off.

However, after 12 months, when the manufacturer's warranty had expired, the only way to force Orange to fulfill their obligations is to take them to court and to prove that the phone was faulty when they sold it.

manyamuckle

NFH wrote: »

I believe that Apple acts as Orange's agent only until one year after purchase, which is the manufacturer's warranty period, an additional right that does not replace your statutory rights under the Supply of Goods and Services Act 1982. Therefore if your iPhone develops a fault after one year, you will have to pursue Orange under the Supply of Goods and Services Act 1982, under which Orange remains liable at least until the end of the services to which the goods relate.

I did out this to them but they denied that it was covered as the phone was not part of the contract. They said:

"With regards to the Agreement you made with Orange is for provision of a network service so the phone does not form part of this."

I think they're wrong but... they'd disagree.

grumbler

The phone may be not the part of the network services (this is arguable too), but they supplied you with the phone and neither their contract with you nor their agreement with Apple can override the SOG (or SoGS) Act.

manyamuckle

I totally agree grumbler. Orange sadly don't.

NFH

manyamuckle wrote: »

I did out this to them but they denied that it was covered as the phone was not part of the contract. They said:

"With regards to the Agreement you made with Orange is for provision of a network service so the phone does not form part of this."

I think they're wrong but... they'd disagree.

In that case, send them a letter before claim, and cite the Supply of Goods and Services Act 1982. Even if they deny that the goods and services are linked (and a court would most probably find that they are linked), you'd still have a valid claim under the Sale of Goods Act 1979 (as amended). In my experience, Orange prefers to have happy customers and once you show them you're serious, they sit up and listen.