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Apple or Retailer warranty/responsibility?

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My iphone developed a flickering screen after being on holiday in a very cold climate.
I bought the phone from Carphone Warehouse 18months ago. They advised me to go to Apple to resolve the problem.
I went to Apple (genius bar appointment) they advised I need a new screen but as the phone is out of Apple's 1 year warranty I would have to pay £99 for it if I went through them but Carphone Warehouse should replace the screen under the Retailer's 2 year warranty. Carphone Warehouse are telling me Apple should replace it.

Help! Is there a 2 year warranty on mobile phones from the retailer? Are Apple correct?
:mad:
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Comments

  • d123
    d123 Posts: 8,729 Forumite
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    leese1980 wrote: »
    My iphone developed a flickering screen after being on holiday in a very cold climate.
    I bought the phone from Carphone Warehouse 18months ago. They advised me to go to Apple to resolve the problem.
    I went to Apple (genius bar appointment) they advised I need a new screen but as the phone is out of Apple's 1 year warranty I would have to pay £99 for it if I went through them but Carphone Warehouse should replace the screen under the Retailer's 2 year warranty. Carphone Warehouse are telling me Apple should replace it.

    Help! Is there a 2 year warranty on mobile phones from the retailer? Are Apple correct?
    :mad:

    Your contract is with the retailer, and they are who you would have to chase. There is no 2 year warranty, but consumer legislation says goods should last for a reasonable time. If the retailer refuses, you would have to commission an independent report to prove the fault was inherent or the product hadn't lasted a reasonable time and take the retailer to court.

    There have been numerous threads on this forum covering this, a search/browse will give you more detail.

    More info:

    http://www.moneysavingexpert.com/shopping/consumer-rights-refunds-exchange
    ====
  • Silk
    Silk Posts: 4,836 Forumite
    Part of the Furniture
    leese1980 wrote: »
    My iphone developed a flickering screen after being on holiday in a very cold climate.
    I bought the phone from Carphone Warehouse 18months ago. They advised me to go to Apple to resolve the problem.
    I went to Apple (genius bar appointment) they advised I need a new screen but as the phone is out of Apple's 1 year warranty I would have to pay £99 for it if I went through them but Carphone Warehouse should replace the screen under the Retailer's 2 year warranty. Carphone Warehouse are telling me Apple should replace it.

    Help! Is there a 2 year warranty on mobile phones from the retailer? Are Apple correct?
    :mad:
    Apple phones only have 12 month warranty from CPW
    http://selfhelp.carphonewarehouse.com/SelfHelp/request.do?view()=c%7B79ae2a80-f9f3-11de-da00-000000000000%7D
    It's not just about the money
  • almillar
    almillar Posts: 8,621 Forumite
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    But the sale of goods act (SOGA) says that the product should last for a reasonable amount of time. Is it reasonable for a phone that got a bit cold to break? I think not. Carphone Warehouse, as the retailer, are responsible, and they can chase Apple if they want.
    I don't know what makes Carphone think Apple are exempt from SOGA...
  • Silk
    Silk Posts: 4,836 Forumite
    Part of the Furniture
    almillar wrote: »
    But the sale of goods act (SOGA) says that the product should last for a reasonable amount of time. Is it reasonable for a phone that got a bit cold to break? I think not. Carphone Warehouse, as the retailer, are responsible, and they can chase Apple if they want.
    I don't know what makes Carphone think Apple are exempt from SOGA...


    Apple are exempt, it's the retailer who sold the goods in this case CPW
    It's not just about the money
  • grumbler
    grumbler Posts: 58,629 Forumite
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    edited 2 February 2015 at 2:56PM
    almillar wrote: »
    ...I don't know what makes Carphone think Apple are exempt from SOGA...
    They don't think anything. The warranty they offer is their own one - on the top of their obligations under the SOGA. E.g. under the latter after 6months the onus lies on the customer to prove that the fault is inherent. 12-months' warranty makes it easier for customers to claim.
  • macman
    macman Posts: 53,129 Forumite
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    How cold was the 'cold climate'? Skiing holiday, Antarctica?
    No free lunch, and no free laptop ;)
  • Jon_01
    Jon_01 Posts: 5,915 Forumite
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    Apple say that the temperature range to operate an iPhone is; 'ambient temperature is between 0º and 35º C (32º to 95º F)'

    So, how cold was it? Below zero maybe??
  • almillar
    almillar Posts: 8,621 Forumite
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    Yes, it's the retailer, Carphone Warehouse, that's responsible under SOGA. I meant they seem to be treating Apple products differently from how they would deal with any other brand, sorry if I didn't make that clear.
    The warranty has run out, so we're onto SOGA.
  • Silk
    Silk Posts: 4,836 Forumite
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    almillar wrote: »
    Yes, it's the retailer, Carphone Warehouse, that's responsible under SOGA. I meant they seem to be treating Apple products differently from how they would deal with any other brand, sorry if I didn't make that clear.
    The warranty has run out, so we're onto SOGA.
    Not really, all they are doing is passing on the manufacturers warranty, 12 months in this case, the same goes for Motorola.
    No retailers offer anything on Apple past the standard 12 month period unless they take out an Apple Care Plan.
    It's not just about the money
  • jbainbridge
    jbainbridge Posts: 2,026 Forumite
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    Silk wrote: »
    No retailers offer anything on Apple past the standard 12 month period unless they take out an Apple Care Plan.

    The impression I've been given from Apple is that if you buy it direct from them they will cover you upto 2 years under the SOGA. In fact I had an ipad replaced by them when the retailer refused to deal with it.
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