Orange breaking law on warranty?

MercilessKiller

Hi There,

Helping out a friend who has an iPhone 4S. She bought it in January 2012, so 1 year 11 months. In July 2013, the phone was replaced by an insurance provider after a theft.

It has a hardware issue - The Apple shop confirmed it needs replacing. It was purchased through Orange. Apple have said the legal warranty is 2 years, but it has to be replaced through Orange as that was the retailer.

After speaking with Orange, she's been told that she can send it in for repair which must be paid for, but it will NOT be replaced under warranty.

So even though the phone has been diagnosed as officially faulty, they will not replace it under warranty and are forcing me to pay for a repair.

She has no idea how to deal with this and would love some advice!!!

Thanks

Rusty!

It's out of warranty (iPhones have 12 months), you have to use the SOGA against Orange.

MercilessKiller

Hi Rusty,

A new phone was provided in July 2013 (from the insurance company). Is the warranty on a physical phone or a contract? Surely it's the phone itself? If so this is still under the 12 months.

If it's out of warranty, how would we use the SOGA to get the phone repaired for free?

Thanks!

Rusty!

Ah I missed the bit about a replacement.

That's interesting, and to be honest I'm not sure how it works now, I would assume the the insurance co. supplied a refurb phone, and I don't really know what applies to that.

Kingsd316

What is the expiry date of the warranty if you put the serial number in here?

https://selfsolve.apple.com/agreementWarrantyDynamic.do

If you got a replacement from apple then the warranty would be 3 months or the remaining term on the original. This however would be a replacement completely separate from apple and the original phone so would be surprised if it didn't have a full year apple warranty from the first date you activated it.

Are you sure your friend explained themselves clearly at the apple store and was it an actual genius appointment or a walk in and speak to an employee on the shop floor?

StuC75

Who was the insurance company involved (ie was it phone specific insurance or through household policy).. what documentation was provided with that replacement order..

MercilessKiller

Quote below:

"The warranty has run out with apple, or they would have replaced it. I also went to the genius bar for an actual appointment. The phone was replaced in July 2012, by orange insurance (it wasn't 2013 as said in previous post, apologies for the error, I heard her wrong!).

This is a hardware problem with the phone, as I purchased the phone with orange they should be liable to replace it but they wont. Apple would but as it came through orange they are telling me to go to them. it’s like I’m stuck in the middle for a problem that is with the hardware???? I just want a new phone. My phone is now useless with no fault of my own and I refuse to pay for a new one. Please help if you can."

grumbler

Some recent threads:
iPhone Faulty - Apple vs Carphone Warehouse
EU consumer law? iPhone 4
have fun with three

In your case the phone was supplied by the insurance company that is liable under the SoGA.

simax

It would also have to be proved that the phone was faulty upon supply to the user for SoGA to apply (inherant fault). This evaluation will have to be paid for by the user.

NFH

MercilessKiller wrote: »

Apple have said the legal warranty is 2 years, but it has to be replaced through Orange as that was the retailer.

Article 5(1) of Directive 1999/44/EC, which is often misquoted as a mandatory "European two-year warranty", merely states that the limitation period may not be less than two years from the date of delivery. Given that Section 5 of the Limitation Act 1980 already allows six years, the article has no effect upon UK legislation. Given that the insurance company supplied the goods to you in the course of a service, you can claim against the insurance company under Section 11N of the Supply of Goods and Services Act 1982. If you need an independent report to confirm that the goods were not durable at the time of supply, the cost of this can be added to your claim.

UserX

A friend of mine and I have both had iPhones (mine was a 4, I think hers was too) pack up on us after about 15 months, both (different) software faults. We are also both on Orange and had to fund replacement phones - although mine was insured, hers wasn't.

Beats me how these companies can insist on us signing up for 2 year contracts but then fail to provide working phones for the full contract period. It seems unjust, somehow.