Iphone 4s faulty

ryans983

I have a Iphone 4s which is out of the Apple warranty by 60 days but has developed what I now know to be a common hardware issue (WIFI & Bluetooth are permanently greyed out and can not be used). Apple are unwilling to do anything should Vodafone repair the phone as I would not expect a £400 phone to go wrong after just 1 year witha hardware issue when then are selling it on a 2 year contract? The phone is immaculate and has never been misused or dropped.

gjchester

ryans983 wrote: »

I have a Iphone 4s which is out of the Apple warranty by 60 days but has developed what I now know to be a common hardware issue (WIFI & Bluetooth are permanently greyed out and can not be used). Apple are unwilling to do anything should Vodafone repair the phone as I would not expect a £400 phone to go wrong after just 1 year witha hardware issue when then are selling it on a 2 year contract? The phone is immaculate and has never been misused or dropped.

Nope. The airtime contract and Hardware warranty are different. Apple offer 12 months, and that warranty has expired.

You could try getting Vodafone to fix it under the "Sale of Goods and Services Act" (not the usual Sale of Goods Act) but that is unproven legally as the airtime contact that you pay monthly for will likely say hardware is not covered. They may repair it rather than face possible legal issues or may just point you back to the contract saying it's not their responsibility.,

diamonds

Have you backed up with iTunes and reinstalled iOS ? I find Apple's iOS really buggy & have hissy fits with the hardware.

ryans983

Tried everything... Even the putting into the freezer for 15 mins! Surely the phone should last a reasonable amount of time. Vodafone must think it should last at least 2 years due to their contract length? I have mobile phones that are much older that work fine. They must have some responsibility as the supplier.

Handsome90

ryans983 wrote: »

Tried everything... Even the putting into the freezer for 15 mins! Surely the phone should last a reasonable amount of time. Vodafone must think it should last at least 2 years due to their contract length? I have mobile phones that are much older that work fine. They must have some responsibility as the supplier.

They do. Google Sale of Goods Act

NFH

Handsome90 wrote: »

They do. Google Sale of Goods Act

Not quite. Vodafone has an obligation to repair or replace the phone free of charge under Section 11N of the Supply of Goods and Services Act 1982. This is because the goods were supplied in conjunction with a service. It is immaterial that there is a separate written agreement for the supply of the goods and the supply of the service because:

• Vodafone supplied the goods with the intention that they be used with the service.
• The goods were supplied at the price paid on condition of entering into the contract for service.
• The goods are funded, either partially or fully, by the monthly charge for service.
• The goods were supplied at the same time that the service started.
• The goods and service were marketed as a package.

If Vodafone disputes that the fault was not caused by misuse, then you will have to obtain an independent report, the cost of which you can claim from Vodafone if the report proves that there was no misuse.

Vodafone

Hi ryans983,

I’m sorry to see you’re having problems with your iPhone.

Just to clarify, the Apple warranty is for 12 months unless you’ve taken out their AppleCare Protection Plan.

Once the warranty has expired, we can still arrange a chargeable repair.

To get this sorted you can visit your local store or email me with your details via the link in our profile here.

All you need to do is copy and paste the link into your web browser and it'll take you to the Contact us form on our website. To make sure it reaches me could you also quote the code WRT135 - MSE in the subject line?

Once sent you'll receive an automated reply with a reference number. Could you update the thread with this and I'll get back to you as soon as possible?

Many thanks,

Jenny
Web Relations
Vodafone UK

NFH

Vodafone_company_representative wrote: »

Just to clarify, the Apple warranty is for 12 months unless you’ve taken out their AppleCare Protection Plan.

Once the warranty has expired, we can still arrange a chargeable repair.

This is incorrect. The manufacturer's warranty is in addition to, and does not replace, the consumer's statutory rights. Vodafone's liability therefore does not end upon the expiry of the manufacturer's warranty.

Vodafone is not entitled to charge for a repair. Under Section 11N(2)(b) of the Supply of Goods and Services Act 1982, "If the transferee [the OP] requires the transferor [Vodafone] to repair or replace the goods, the transferor [Vodafone] must bear any necessary costs incurred in doing so (including in particular the cost of any labour, materials or postage)".

This obligation is enshrined clearly in law and I am shocked that Vodafone has posted the above response in a public forum.

albionrovers

NFH wrote: »

This is incorrect. The manufacturer's warranty is in addition to, and does not replace, the consumer's statutory rights. Vodafone's liability therefore does not end upon the expiry of the manufacturer's warranty.

Vodafone is not entitled to charge for a repair. Under Section 11N(2)(b) of the Supply of Goods and Services Act 1982, "If the transferee [the OP] requires the transferor [Vodafone] to repair or replace the goods, the transferor [Vodafone] must bear any necessary costs incurred in doing so (including in particular the cost of any labour, materials or postage)".

This obligation is enshrined clearly in law and I am shocked that Vodafone has posted the above response in a public forum.

Pretty shocking stuff if you are correct NFH, and I have no reason to doubt you. We await Voda's response with baited breath. They must get a chance to respond?

Herbalus

NFH wrote: »

This obligation is enshrined clearly in law and I am shocked that Vodafone has posted the above response in a public forum.

I am no legal expert, but you would convince me. Amazing that Vodafone posted after you pointed out the relevant law. Either they didn't read this or have some other evidence.

They surely wouldn't say that anything in the contract overrules statute?

NFH

Herbalus wrote: »

They surely wouldn't say that anything in the contract overrules statute?

Even if they did, such a term would be unenforceable. No contractual term can override statutory rights for consumers. For business-to-business contracts, contractual terms can override (and waive) the Sale of Goods Act; for example Makro does this.