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Iphone 4 and insurance
Comments
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Yes, you've understood correctly. Section 18(3)(e) says that the goods must be durable. Section 11N says that the supplier has to replace them if they are not. But you may have to prove to the supplier that the goods were not durable at the time of supply, and a report from the insurer might help, otherwise you might have to get an independent report from a third party repairer if the supplier disputes it. Who was the supplier?NFH, are you able to explain to me in simple terms what section 11N ofthe supply of goods and services act 1982 mean, and the breach of section 18(3)(e) - does that mean they sold an item that wasn't durable, eg, it shouldnt have shattered
Sorry i cannot get my head around it
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Yes, you've understood correctly. Section 18(3)(e) says that the goods must be durable. Section 11N says that the supplier has to replace them if they are not. But you may have to prove to the supplier that the goods were not durable at the time of supply, and a report from the insurer might help, otherwise you might have to get an independent report from a third party repairer if the supplier disputes it. Who was the supplier?
He purchased the phone from O20 -
Then he should go back to O2 with the phone and ask for a replacement under Section 11N. Has the minimum contract period for O2's service finished yet? If it hasn't, it makes the claim a little stronger.
His original contract was on an iphone 3 and was taken out May 2010 24month contract, however December 2010 he slipped on ice with his iphone 3 in his pocket and it was broke. Foneguard couldnt fix the phone so settled on a cash basis, and he put the extra towards it and purchased the iphone 4 in Jan 2011. He has kept his contract, but on the iphone 40 -
Was the iPhone 4 supplied by O2 as an upgrade then?His original contract was on an iphone 3 and was taken out May 2010, however December 2010 he slipped on ice with his iphone 3 in his pocket and it was broke. Foneguard couldnt fix the phone so settled on a cash basis, and he put the extra towards it and purchased the iphone 4 in Jan 2011.0 -
The reason for my questions is to ascertain whether the iPhone 4's supply is governed by the Supply of Goods and Services Act 1982 or the Sale of Goods Act 1979. If O2 supplied the phone independently of the existing service contract, then it would be the latter, otherwise the former.Yes he bought the iphone 4 from O20 -
The reason for my questions is to ascertain whether the iPhone 4's supply is governed by the Supply of Goods and Services Act 1982 or the Sale of Goods Act 1979. If O2 supplied the phone independently of the existing service contract, then it would be the latter, otherwise the former.
so its the Sale of Goods Act 1979 F12 2(B)(e)0
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