Apple update ruined phone

prowla

Buzby wrote: »

Not wishing to be argumentative, but a firmware update TOTALLY removes the right of a SOGA return. I assume you've updated your own phone's firmware and read the T&C's where they state the action of doing so remains your own responsibility.

As for a previous poster saying it is impossible to brick a handset with a firmware update - you can, indeed I have 2 that are just not worth the effort, as after 4 hours of intensive resuscitation it was impossible reanimate.

By all means, take your phone into Apple for the update - if it fails, it is their responsibility to fix the issue.... but not after the event.

So, Apple's IOS T&Cs (http://images.apple.com/legal/sla/docs/iOS91.pdf) state:

7.6
NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY APPLE OR AN APPLE
AUTHORIZED REPRESENTATIVE SHALL CREATE A WARRANTY. SHOULD THE iOS
SOFTWARE OR SERVICES PROVE DEFECTIVE, YOU ASSUME THE ENTIRE COST OF ALL
NECESSARY SERVICING, REPAIR OR CORRECTION. SOME JURISDICTIONS DO NOT ALLOW
THE EXCLUSION OF IMPLIED WARRANTIES OR LIMITATIONS ON APPLICABLE STATUTORY
RIGHTS OF A CONSUMER, SO THE ABOVE EXCLUSION AND LIMITATIONS MAY NOT APPLY
TO YOU.

However, read the last sentence in the above; their T&Cs do not trump the law of the land...

SOGA (http://www.legislation.gov.uk/ukpga/1979/54 & http://www.which.co.uk/consumer-rights/regulation/sale-of-goods-act) covers the repair/replacement of faulty goods; thus any software update which includes fixes is a repair to faulty goods, and therefore you've got up to 6 years to claim.

The vendor may try and issue a "not our fault" clause, but it's not a get-out.

Indeed, the statement "SHOULD THE iOS SOFTWARE OR SERVICES PROVE DEFECTIVE, YOU ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION." is patently ridiculous, as it could entail the development of a new release of the OS - I'd like to see them try and pass that cost on to the person who wanders in with a bricked phone!

So, Apple's assertion that if they issue and recommend an update which bricks your phone then you have to pay if it goes wrong doesn't hold water.

AJXX

Doesn't this come up each time a new iOS version comes out?

OP's dad needs to chase o2, not Apple. There is not a fault with the iOS else every single model would brick, there was obviously an issue with OP's dada handset, either something underlying or he failed to keep the phone powered on during the update etc...

Always best I find to update iPhones and iPads via a computer with iTunes instead of "over the air"