manufacturers warranty

lancs_78

Hello

I have had a contract with Orange on my iPhone 4 since December 2010. In July 2011 I lost my handset and I had orange insurance and they replaced the handset on the 18th July 2011. Last week I started having problems with my handset so I took it into my local Apple store on Monday 16th July 2012. They advised me the phone had a software problem but was out of warranty! I was shocked when the young lady said this and said I had the phone for coming up to 12 months so should be under the 12 month manufacturers warranty. She showed me on her screen that the phone that orange replaced for me DID have a 12 month manufacters warranty and that begun on the 13th May 2011 and I didnt get the handset till 18th July 2011! In the end as I needed a phone I had to pay £119 for a new iPhone and she advised me to get onto Orange as they had supplied me a handset which was already 2 months into its warranty.

Anyway I spoke to Orange tonight and they were saying when they supply a phone on insurance they are refurbished phones that come with 3 months warranty from Orange but when I was telling the young chap about the 12 month warranty from Apple which what i was on about not the orange warranty and he kept advising the 3 month Orange one. He has referred the case to his higher management and is getting back to me Saturday. Whats your thoughts on this? Am i well within my rights to try and claim the money back off Orange that I have had to pay for a replacement as the phone has gone faulty within 12 months and they have replaced me with a phone that has already began its warranty before I even got it? Whats your advice for what I should do? Your help is appreciated.

Thanks

Mickyk

It seems to be standard practice to give refurb phones as insurance replacements.

Although refurb is prob the wrong word, they are more returned within returns period handsets. So I would say yours was sent out to someone, they tried it, didn't like it, but because they activated it, that started the warranty. And to avoid the loss, they have sent it on to yourself.

Although can I ask, why not make a second claim on your insurance policy? Or will they say, "We don't cover issues within warranty?"

lancs_78

Mickyk wrote: »

It seems to be standard practice to give refurb phones as insurance replacements.

Although refurb is prob the wrong word, they are more returned within returns period handsets. So I would say yours was sent out to someone, they tried it, didn't like it, but because they activated it, that started the warranty. And to avoid the loss, they have sent it on to yourself.

Although can I ask, why not make a second claim on your insurance policy? Or will they say, "We don't cover issues within warranty?"

I have since cancelled my Insurance cover with Orange from January as my bank gave me mobile insurance free and I was kind of put on the spot in the Apple store I was expecting a free replacement it was either pay £119 or not have a phone and I do need the phone. But they did not advise me that the phone would be a refurb and the phone's warranty so to speak had been activated at the time would this make any difference? Cause unless I am told otherwise I would expect 12 months warranty on any product I recieve as standard? Well I would anyway dont know if anyone else would.

Mickyk

I would expect the handset to last as long as the contract did, and the sale of goods act deems fit for purpose to be 6 years, so a single year is not too much to ask.

Although you are dealing with what will be a peon, and if you are lucky, a micro managing peon, so I doubt you will get far, you may need to request this be escalated further, as companies are not a fan of refunding costs not paid to them directly.

lancs_78

Well the chap I spoke to on the phone today has escalated this to his higher management and he is getting back to me Saturday afternoon so i will let you know what happens. Thanks for your advice.

gjchester

Mickyk wrote: »

I would expect the handset to last as long as the contract did, and the sale of goods act deems fit for purpose to be 6 years, so a single year is not too much to ask.

Handset warranty and contract length are not related at all and the SOGA makes no such claim about length of time something should work for.

You can claim under the SOGA upto 6 years after purchase if something is faulty, but the SOGA makes no comment on warranty length or how long something should last for.

The usual example is you would expect a £500 TV to be a higher quality than a £50 TV, and it would not be unreasonable to expect the £500 TV to last longer as its built to a higher quality standard.

visidigi

lancs_78 wrote: »

Hello

I have had a contract with Orange on my iPhone 4 since December 2010. In July 2011 I lost my handset and I had orange insurance and they replaced the handset on the 18th July 2011. Last week I started having problems with my handset so I took it into my local Apple store on Monday 16th July 2012. They advised me the phone had a software problem but was out of warranty! I was shocked when the young lady said this and said I had the phone for coming up to 12 months so should be under the 12 month manufacturers warranty. She showed me on her screen that the phone that orange replaced for me DID have a 12 month manufacters warranty and that begun on the 13th May 2011 and I didnt get the handset till 18th July 2011! In the end as I needed a phone I had to pay £119 for a new iPhone and she advised me to get onto Orange as they had supplied me a handset which was already 2 months into its warranty.

Anyway I spoke to Orange tonight and they were saying when they supply a phone on insurance they are refurbished phones that come with 3 months warranty from Orange but when I was telling the young chap about the 12 month warranty from Apple which what i was on about not the orange warranty and he kept advising the 3 month Orange one. He has referred the case to his higher management and is getting back to me Saturday. Whats your thoughts on this? Am i well within my rights to try and claim the money back off Orange that I have had to pay for a replacement as the phone has gone faulty within 12 months and they have replaced me with a phone that has already began its warranty before I even got it? Whats your advice for what I should do? Your help is appreciated.

Thanks

The product you bought came with a 12 month warranty, which you had the potential to use. Had you lost the phone in the original 12 month period you could have grounds to argue the handset, if a refurbished one, without warranty, puts you in a worse state than you were prior to losing it, alas, as you had had the original phone beyond the original warranty then the insurance is not obligated to replace new for old unless specifically specified.

Unless the insurance specifically states all replacements will be new then there is little to dispute - all the policies I've had or seen state the insurer can choose what type of handset they can provide - they also do not state in the policies if warranty will be provided.

This is where having a direct swap insurance policy isn't as good as being given the money to purchase yourself.

latecomer

Normally a replacement under warranty will have the remainder of the original warranty rather than a full new warranty.

drbesty

You don't get a new 12 month warranty everytime the phone is replaced, the warranty runs from your original purchase date

NFH

gjchester wrote: »

Handset warranty and contract length are not related at all and the SOGA makes no such claim about length of time something should work for.

You can claim under the SOGA upto 6 years after purchase if something is faulty, but the SOGA makes no comment on warranty length or how long something should last for.

Incorrect. Because the goods were supplied in conjunction with a service and with the supplier's intention that the goods be used with that service, the goods' supply is governed by the Supply of Goods and Services Act 1982. It is reasonable to expect the goods to last for the duration of the service contract for which they are intended to be used. If the goods manifest a defect during the period of the service contract, the consumer would have a valid claim against the supplier under Section 11N.

NFH

drbesty wrote: »

You don't get a new 12 month warranty everytime the phone is replaced, the warranty runs from your original purchase date

The warranty runs from whenever Apple starts it from. In this case, Orange supplied secondhand goods of which the warranty had already started. The question is whether Orange were correct to supply secondhand goods to settle an insurance claim when the insured goods did not have a previous owner.

Even though secondhand goods may look new, the OP has good reason to be unhappy given that it is impossible to ascertain how the battery was looked after, for example.