iphone 4s wifi problems after ios7

Bevwillstrop

Has anyone had the same problem - wifi option not available on iphone 4s following ios7 upgrade. Out of year's warranty. Apple say phone supplier should replace under Sale of Goods Act as the phone not fit for purpose (faulty wi-fi chip from outset) and has not lasted a reasonable time. Supplier denies liability as outside warranty period. I am seriously considering issuing legal proceedings as a test case as I understand previous judicial decisions indicate expensive phone should last far in excess of 1 year. Anyone aware of cases in similar circumstances?

Handsome90

Did you get that in writing from Apple and show that to the phone supplier?

Bevwillstrop

Apple e mailed me with links to the relevant terms of the Sale of Goods Act. However, they stopped short of confirming in writing that this is a hardware rather than a software issue.

WTFH

So how did they tell you it was a hardware issue?

albionrovers

Folk need to stop buying from Apple, going forward. Seriously.

NFH

Where goods are supplied as a standalone product, the Sale of Goods Act 1979 applies. However, where goods are supplied in conjunction with a service and particularly where payments for the service wholly or partially cover the cost of the goods (as I understand the case to be here), the relevant legislation is Section 11N of the Supply of Goods and Services Act 1982 which obliges the supplier (not the manufacturer) to repair or replace defective goods free of charge if they develop a defect within a reasonable time after their supply. This legislation is over 30 years old and has been well tested in court. The law doesn't define what a reasonable time is, but where goods are supplied in conjunction with a service, a court would determine a reasonable time to be at least the minimum duration of the service contract. The maximum time is limited to six years by Section 5 of the Limitation Act 1980.

It is irrelevant that the network has separate written agreements for the goods and the service because:

• The network 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 were 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.

Any warranty is a contractual right which is in addition to, and cannot replace, the consumer's statutory rights under the Supply of Goods and Services Act 1982. If the network tells you that you have no rights to a free repair or replacement after the warranty expires, then according to Regulation 5(4)(k) of the Consumer Protection from Unfair Trading Regulations 2008 it is committing an offence under Regulation 9 punishable under Regulation 13 by a fine and/or up to two years' imprisonment. If the network alleges that the fault was caused by your misuse or negligence, then you will have to obtain an independent report, the cost of which you can claim back from the network if it proves that the fault was caused by defective manufacturing or software.

There are several contributors to this forum who persistently post incorrect advice about this subject, often spouting out the same drivel given by poorly trained employees of the networks. On the other hand, I have checked this with a specialist consumer solicitor. If you want to verify my advice, I suggest you go to a Citizens Advice Bureau.

WTFH

WTFH wrote: »

So how did they tell you it was a hardware issue?

And how did they know it was a faulty wi-fi chip without examining the product?

A couple of pertinent facts which may affect the answers you will be given by those who want to know facts before jumping in.

Spongle

As a response to the initial Q, please see my previous thread:

iPhone 4s not connecting to WiFi after software update

I'm sorry, I'm unable to post a direct link as I'm new.

wiogs

albionrovers wrote: »

Folk need to stop buying from Apple, going forward. Seriously.

Any particular reason why?

NFH

albionrovers wrote: »

Folk need to stop buying from Apple, going forward. Seriously.

I don't understand this comment. The OP didn't buy from Apple but from a third party; this is where the problem lies. If the OP had bought from Apple, then everything would be easier because the statutory rights (under the Supply of Goods and Services Act) and contractual rights (under the warranty) would be enforceable against the same party, i.e. Apple.

RedFox72

I have spent two days in battle with Vodafone over this issue and they wont budge not even after mentioning the consumer law claim and they just keep on saying they wont repair or replace for free. Surely they are breaking EU law?