Manufacturer or retailer for fault in replacement item???

pvt

CupcakeSquirrel wrote: »

* the 14 day cooling off period is the "reasonable time" to ensure goods are fit for purpose

Utter rubbish

CupcakeSquirrel wrote: »

* "Apple law" applies

Eh?

CupcakeSquirrel wrote: »

* it's not their responsibility to make sure the goods are fit for purpose because Apple supply the phones sealed in boxes to them which are not opened

Utter rubbish again.

CupcakeSquirrel wrote: »

* a warranty is the only way a repair should be made

And again.

CupcakeSquirrel wrote: »

* they don't have an agreement to supply me with a phone (even though I'm paying a pay-monthly with iPhone contract and they supplied me with an iPhone. In fact I'm pretty sure I paid something towards the cost of the phone!)

If they sent the phone to you, and they are the only people who you have paid money too, then who supplied the phone to you?

CupcakeSquirrel wrote: »

I'm in the middle of getting some advice from my local Trading Standards to see if it's worth going to the ombudsman, but I've got nothing to lose so I might well do anyway.

Is any of this in writing? It may be time to contact Vodafone and warn them that it is unlawful for them to give you false advice about your statutory rights, and that the Office of Fair Trading have prosecuted companies for doing so.

If you haven't yet done so, make a complaint in writing to Vodafone, asking them to confirm that this is their final position before you take legal action.

zenmaster

I fail to see how Vodafone have any liability for this phone as it was not supplied by them. If that were the case they would have potential liability for every phone in the UK.

It doesn't matter if it was supplied by Apple or bought off Ebay. If it was exchanged without the knowledge and permission of Vodafone it's not their problem.

unholyangel

zenmaster wrote: »

I fail to see how Vodafone have any liability for this phone as it was not supplied by them. If that were the case they would have potential liability for every phone in the UK.

It doesn't matter if it was supplied by Apple or bought off Ebay. If it was exchanged without the knowledge and permission of Vodafone it's not their problem.

As a consumer, you cannot lose your statutory rights by exercising a contractual right. And nor do you require permission to take advantage of a contractual right.

Different if a replacement was purchased on ebay as then that replacement wasnt carried out under the terms of the original contract. But if its replaced under manufacturers guarantee, then it was replaced in line with the terms of the original contract and vodafone can't disclaim liability for that.

GreatBeyond

unholyangel wrote: »

As a consumer, you cannot lose your statutory rights by exercising a contractual right. And nor do you require permission to take advantage of a contractual right.

Different if a replacement was purchased on ebay as then that replacement wasnt carried out under the terms of the original contract. But if its replaced under manufacturers guarantee, then it was replaced in line with the terms of the original contract and vodafone can't disclaim liability for that.

Is a replacement from Apple a contractual right though?

unholyangel

GreatBeyond wrote: »

Is a replacement from Apple a contractual right though?

Yes, it is. And you can sue for breach of contract if they were to refuse to provide the warranty/guarantee they had promised.

GreatBeyond

unholyangel wrote: »

Yes, it is. And you can sue for breach of contract if they were to refuse to provide the warranty/guarantee they had promised.

Do we know that it's in the contract though? I think that's what people are getting at, if it's in the contract then I completely agree with you. If the network have put something else in the contract then it's not quite that easy, especially as the OP didn't let them know there was a fault originally.

unholyangel

GreatBeyond wrote: »

Do we know that it's in the contract though? I think that's what people are getting at, if it's in the contract then I completely agree with you. If the network have put something else in the contract then it's not quite that easy, especially as the OP didn't let them know there was a fault originally.

I might be misunderstanding what you mean here....but something doesnt need to actually be in a contract (as in document) to form part of a contract (as in agreement).

And as per my earlier post, a guarantee cannot operate as an exclusion clause to restrict or remove a consumers statutory rights.

GreatBeyond

unholyangel wrote: »

I might be misunderstanding what you mean here....but something doesnt need to actually be in a contract (as in document) to form part of a contract (as in agreement).

And as per my earlier post, a guarantee cannot operate as an exclusion clause to restrict or remove a consumers statutory rights.

It probably is me just getting it wrong to be honest, I'm just not sure why a replacement from Apple would be a contractual right on a contract with Vodafone (unless of course Vodafone have directed the OP to Apple which doesn't sound like the case).

I'm not disagreeing with you, I'm asking as I genuinely don't know. If Vodafone turned round and said okay, return what we sent you and we will have it repaired the OP would not be able to do that as they have previously had it replaced.

Or would the liability of Vodafone extend to any mobile of the make and model that they originally provided?

bod1467

Any manufacturer warranty mentioned as part of the sales process forms part of the contract of sale; ergo it becomes a contractual right. Invoking the contractual right (repair or replacement by the manufacturer) does not remove or disclaim any statutory right/liability against the seller.

I think that's what's being said.

unholyangel

GreatBeyond wrote: »

It probably is me just getting it wrong to be honest, I'm just not sure why a replacement from Apple would be a contractual right on a contract with Vodafone (unless of course Vodafone have directed the OP to Apple which doesn't sound like the case).

I'm not disagreeing with you, I'm asking as I genuinely don't know. If Vodafone turned round and said okay, return what we sent you and we will have it repaired the OP would not be able to do that as they have previously had it replaced.

Or would the liability of Vodafone extend to any mobile of the make and model that they originally provided?

In a nutshell, if the phone you purchased comes with a warranty, that forms part of the contract you had with the retailer.

A warranty is in addition to your statutory rights, not instead of them. Meaning that its impossible for any part of your agreement (ie warranty) with the retailer to remove or restrict those rights and as per my earlier post where I quoted OFT's unfair contract terms guidance, a guarantee (in relation to a contract for the sale of goods) MUST contain a statement saying you have statutory rights and that those statutory rights are unaffected by the guarantee.