Manufacturer or retailer for fault in replacement item???

GreatBeyond

unholyangel wrote: »

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.

I get that but the OP no longer has the phone provided originally. If this was the original phone then I wouldn't even be questioning it but what I was unsure of is whether the fact that they have a different phone to the one supplied would make any difference.

I mean could someone technically buy a duff phone off of ebay and then get in touch with their network and say they they had their original replaced without telling the network and then expect the network to repair or replace a phone which they didn't provide in the first place?

Also if they have had it for over 6 months would the OP not have to prove that the fault was inherent, how will they be able to do that when they no longer have access to the phone that was provided as part of the contract? Or does it not matter if they no longer have the phone that was provided as part of the contract?

unholyangel

GreatBeyond wrote: »

I get that but the OP no longer has the phone provided originally. If this was the original phone then I wouldn't even be questioning it but what I was unsure of is whether the fact that they have a different phone to the one supplied would make any difference.

I mean could someone technically buy a duff phone off of ebay and then get in touch with their network and say they they had their original replaced without telling the network and then expect the network to repair or replace a phone which they didn't provide in the first place?

Also if they have had it for over 6 months would the OP not have to prove that the fault was inherent, how will they be able to do that when they no longer have access to the phone that was provided as part of the contract? Or does it not matter if they no longer have the phone that was provided as part of the contract?

While the retailer are unlikely to have any record of the phone being replaced, the manufacturer (and possibly also the OP) will.

As for the last paragraph, if you read my first response to the OP (in post #3), you'll see I already advised about the 6 month limit. As for not having the original phone - again, the replacement phone was provided in line with the T&C's of the original agreement so yes, they still have a phone that was provided as part of the contract.

GreatBeyond

unholyangel wrote: »

While the retailer are unlikely to have any record of the phone being replaced, the manufacturer (and possibly also the OP) will.

As for the last paragraph, if you read my first response to the OP (in post #3), you'll see I already advised about the 6 month limit. As for not having the original phone - again, the replacement phone was provided in line with the T&C's of the original agreement so yes, they still have a phone that was provided as part of the contract.

I get you now - so as long as Apple can state that they replaced the phone and presumably confirm IMEI and what the issue with the original phone was that will be enough to satisfy that the original phone had to be replaced?

I wasn't trying to disagree with you I just wasn't sure - that's handy to know though!