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Store says there is only 28 day warranty on repair

I have an iPhone 6 that is about 15 months old. The mic stopped working so I took it to a shop in the local shopping centre that sells and repairs phones.
They duly put a new mic in costing £45 and handed me the receipt to sign.

2 weeks later the mic failed and I dug out the receipt to take in with the phone, it was at this point that I noticed that their terms stated that there was only a 28 day warranty on repairs. They repaired it again free of charge.

Fast forward another 3 weeks and this mic has failed as well. I took the phone back to them but now they are saying that I am past the 28 day warranty period.

Can someone tell me my rights in this instance?

I'm thinking that firstly surely 28 days warranty is insufficient for an expensive repair, and secondly the warranty time should start again when the second repair was done.
The common law of business balance prohibits paying a little and getting a lot. If you deal with the lowest bidder, it is well to add something for the risk you run, and if you do that you will have enough to pay for something better.

Comments

  • bris
    bris Posts: 10,548 Forumite
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    Warranties don't start again, however the repair should be carried out to a standard you would consider reasonable. 5 weeks isn't reasonable and I would say it was a SOGA issue using the 6 month rule.


    Maybe the CAB can help you draft a letter to this affect.
  • stoneman
    stoneman Posts: 4,550 Forumite
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    bris wrote: »
    Warranties don't start again, however the repair should be carried out to a standard you would consider reasonable. 5 weeks isn't reasonable and I would say it was a SOGA issue using the 6 month rule.


    Maybe the CAB can help you draft a letter to this affect.

    Thanks for your advice bris.
    I would like to discuss the issue of the warranty. Not saying you are wrong just my input.
    If I have something repaired with a new part I assume I am given a warranty on the repair and the part. If the part fails within the warranty period and a new part has to be fitted then I would argue that the new part would have to be of merchantable quality.

    Say I have a 12 month warranty and at 11 months 364 days a part fails. It gets replaced but the very next day that NEW part fails. I am now out of warranty but the new part that was fitted obviously wasn't of merchantable quality, in fact they could have fitted a duff part knowing I only had one day left on the guarantee.

    Is that reasonable?
    The common law of business balance prohibits paying a little and getting a lot. If you deal with the lowest bidder, it is well to add something for the risk you run, and if you do that you will have enough to pay for something better.
  • wealdroam
    wealdroam Posts: 19,180 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Combo Breaker
    stoneman wrote: »
    Thanks for your advice bris.
    I would like to discuss the issue of the warranty. Not saying you are wrong just my input.
    If I have something repaired with a new part I assume I am given a warranty on the repair and the part. If the part fails within the warranty period and a new part has to be fitted then I would argue that the new part would have to be of merchantable quality.

    Say I have a 12 month warranty and at 11 months 364 days a part fails. It gets replaced but the very next day that NEW part fails. I am now out of warranty but the new part that was fitted obviously wasn't of merchantable quality, in fact they could have fitted a duff part knowing I only had one day left on the guarantee.

    Is that reasonable?
    Warranties and guarantees are in addition to your statutory rights, and can have conditions.
    No seller, or repairer, has to provide any warranty/guarantee.

    Speaking generally, you have a statutory right to seek a remedy from the supplier of the goods or service for up to six years.
  • boo_star
    boo_star Posts: 3,202 Forumite
    Part of the Furniture 1,000 Posts
    stoneman wrote: »
    Thanks for your advice bris.
    I would like to discuss the issue of the warranty. Not saying you are wrong just my input.
    If I have something repaired with a new part I assume I am given a warranty on the repair and the part. If the part fails within the warranty period and a new part has to be fitted then I would argue that the new part would have to be of merchantable quality.

    Say I have a 12 month warranty and at 11 months 364 days a part fails. It gets replaced but the very next day that NEW part fails. I am now out of warranty but the new part that was fitted obviously wasn't of merchantable quality, in fact they could have fitted a duff part knowing I only had one day left on the guarantee.

    Is that reasonable?

    Yes, warranties are provided in addition to your statutory rights. As a result the business can include whatever rules it wishes in its warranty.

    You still have your statutory rights under the Consumer Rights Act and as bris has said, you should exercise these.
  • stoneman
    stoneman Posts: 4,550 Forumite
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    Thanks I was confusing a warranty with a statutary right
    The common law of business balance prohibits paying a little and getting a lot. If you deal with the lowest bidder, it is well to add something for the risk you run, and if you do that you will have enough to pay for something better.
  • bris
    bris Posts: 10,548 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    A replacement under warranty isn't classed as a new item (even if it's brand new and sealed) it is to replace the faulty item as if it was never faulty in the first place, so look at it as the same item.


    Another reason is to stop infinite claims.
  • stoneman
    stoneman Posts: 4,550 Forumite
    Part of the Furniture 1,000 Posts Photogenic Name Dropper
    Just an update. I returned to the shop and stated my statutory rights which they accepted. New mic fitted but the problem was unresolved. Phone tested and there is a motherboard issue.

    Took the phone to Apple Store and they swapped the phone for an outlay from me of £220.

    Sold the phone on eBay for £310 and bought an iPhone SE from CEX for £315 with 24 months warranty.
    The common law of business balance prohibits paying a little and getting a lot. If you deal with the lowest bidder, it is well to add something for the risk you run, and if you do that you will have enough to pay for something better.
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