Apple iPhone Repair

Tezzal

HI.

T-Mobile are refusing to sort out my phone unless i take it to apple. Under the sale of goods i thought i could tell them i don't want to and that they have to sort out the phone. As i ordered the phone over the phone can i tell them they need to collect and repair or replace and can i give them a reasonable time before i shout breach and demand the contract closed? Their whole attitude Sucks. Do i have to take it to a shop and if so can i demand a discount for the time the phone is in for repair and any travel costs to take it to the shop?

grumbler

Tezzal wrote: »

T-Mobile are refusing to sort out my phone unless i take it to apple.

Orange are notorious for behaving like this. The plague seems to have spread to T-mobile after they merged with Orange.

Under the sale of goods i thought i could tell them i don't want to and that they have to sort out the phone.

Correct.

As i ordered the phone over the phone can i tell them they need to collect

I am not sure that they have to collect it.

and repair or replace and can i give them a reasonable time before i shout breach and demand the contract closed?

The SOGA covers the phone only. You cannot demand termination of the contract if you refer to it. You can quote the Supply of Goods and Services Act and sue them, but without legal actions they are likely to deny any relation between the handset and the contract.

Do i have to take it to a shop and if so can i demand a discount for the time the phone is in for repair and any travel costs to take it to the shop?

You can post it and they have to repair it or replace within reasonable time and without causing you significant inconvenience. God knows what is 'reasonable' and 'significant'. Or a judge.

NFH

Grumbler is correct. You haven't said how old the iPhone is, so I'll cover all scenarios.

You need to contact the supplier (not the manufacturer) of the iPhone and request a repair or replacement under:

• Section 11N of the Supply of Goods and Services Act 1982 if the iPhone was supplied to you in conjunction with a service
• Section 48B of the Sale of Goods Act 1979 if the iPhone was supplied to you independently of the contract for service

You should be reimbursed for any postage costs that you incur. The manufacturer's warranty is in addition to, and does not replace, your statutory rights against the supplier of the goods. Under Section 5 of the Limitation Act 1980, you have up to six years to bring an action against a supplier for breach of contract. A manufacturer's warranty with a shorter period does not override this.

T-Mobile may choose to use Apple as its repair agent. In this case, in order to preserve your statutory rights against T-Mobile, you should make it clear to T-Mobile that you are dealing with Apple as T-Mobile's agent and not under Apple's warranty as the manufacturer.

grumbler

NFH wrote: »

...T-Mobile may choose to use Apple as its repair agent. In this case, in order to preserve your statutory rights against T-Mobile, you should make it clear to T-Mobile that you are dealing with Apple as T-Mobile's agent and not under Apple's warranty as the manufacturer.

It took me some effort to understand what you mean.
To clarify, T-mobile may chose to use Apple and ask you to deal with Apple....

I am no sure that in this case the customer must follow the instructions or can refuse and just send the phone to T-mobile.

gjchester

Tezzal wrote: »

HI.

T-Mobile are refusing to sort out my phone unless i take it to apple. Under the sale of goods i thought i could tell them i don't want to and that they have to sort out the phone. As i ordered the phone over the phone can i tell them they need to collect and repair or replace and can i give them a reasonable time before i shout breach and demand the contract closed? Their whole attitude Sucks. Do i have to take it to a shop and if so can i demand a discount for the time the phone is in for repair and any travel costs to take it to the shop?

To be honest Apple are pretty good at repairs, Assuming it's in the 12 month warranty why not just go to Apples site and either get them to do it or go into a apple shop and do it.

I know it's not what you want but probably a lot less hassle. Any repair by TM would just be them doing the same thing anyway...

And you won;t get a repair to your phone, they'll supply a like for like refurb in it's place, usually in a few days so most times faster than a repair

NFH

grumbler wrote: »

I am no sure that in this case the customer must follow the instructions or can refuse and just send the phone to T-mobile.

I see your point, and you have to be careful how you make contact with Apple; it helps if contact with Apple is initiated by the supplier. When this happened to me with Orange, Orange put me through to Apple during the same call. This made it clear that I was speaking to Apple as Orange's repair agent.

grumbler

gjchester wrote: »

... why not just go to Apples site and either get them to do it or go into a apple shop and do it...

Maybe because Apple's warranty is pathetic 12 months and if they replace (or even repair?) the phone the OP will possibly lose their rights against the retailer under SOGA/SOGSA?

Tezzal

Thanks everyone for the replies. I'm trying t-mobile putting me though to apple. I wont buy another apple its painful.

Tezzal

Sorry late response. T-mobile customer service arranged a new (unopened) iPhone and took back the faulty one. This was only after a few emails and pointing out that if I Twitter enough during the launch of the iPhone 5 and put 10 people off who in turn did the same, it's not long before the cost of replacing my phone is the cheaper option. Thanks everyone.