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Do I have to pay for repair on 3yr old iphone?

iDoc
iDoc Posts: 10 Forumite
Seventh Anniversary First Post
My iPhone 5s - which has been pampered and treated with great care since I bought it new from Apple - is showing signs of the screen detaching from the case. This is obviously due to some failure of glue or battery swelling ( a known fault ).

I'm due to take it into the AppleStore for an assessment of the problem and I'd quite like to know where I stand rights-wise before I do. It's just over three years old so out of warranty. However, I am aware that there is a 6 year period within which something is covered for faults. I know that 'reasonableness' is a factor in this respect. My view just now is that an expensive smartphone should last more than 3 years - ( I know not everyone will agree with that ) - so it's reasonable for them to fix the fault at no cost.

If anyone could please tell me where I stand legally or offer any useful advice then I'd be very grateful. Many thanks.
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Comments

  • iDoc wrote: »
    My iPhone 5s - which has been pampered and treated with great care since I bought it new from Apple - is showing signs of the screen detaching from the case. This is obviously due to some failure of glue or battery swelling ( a known fault ).

    I'm due to take it into the AppleStore for an assessment of the problem and I'd quite like to know where I stand rights-wise before I do. It's just over three years old so out of warranty. However, I am aware that there is a 6 year period within which something is covered for faults. I know that 'reasonableness' is a factor in this respect. My view just now is that an expensive smartphone should last more than 3 years - ( I know not everyone will agree with that ) - so it's reasonable for them to fix the fault at no cost.

    If anyone could please tell me where I stand legally or offer any useful advice then I'd be very grateful. Many thanks.

    After 6 months the onus is on you to establish the fault is an inherent one. This can be done via an independent report.

    If the report finds in your favour, you are entitled to either a repair, replacement or a refund. A refund will be a partial one to take into account the use you have had of the phone. You will also be entitled to the cost of the independent report back.

    From what I have read over the years, Apple never state that a fault is an inherent one - So don't expect much joy from the Applestore.
  • iDoc
    iDoc Posts: 10 Forumite
    Seventh Anniversary First Post
    Thanks. On the basis of what you've said, unless they offer a no-cost option when I visit them then I am looking at having an independent report. Any ideas about how to arrange that and if it finds in my favour are Apple legally bound to remedy the problem?
  • d123
    d123 Posts: 8,747 Forumite
    Part of the Furniture 1,000 Posts Name Dropper Photogenic
    iDoc wrote: »
    Thanks. On the basis of what you've said, unless they offer a no-cost option when I visit them then I am looking at having an independent report. Any ideas about how to arrange that and if it finds in my favour are Apple legally bound to remedy the problem?

    No, you have the option to then take the retailer to court for remedy. Was Apple the retailer?

    After 3 years it’ll be a pretty difficult thing to get a court to agree with though.
    ====
  • PHK
    PHK Posts: 2,422 Forumite
    Eighth Anniversary 1,000 Posts Photogenic Name Dropper
    iDoc wrote: »
    Thanks. On the basis of what you've said, unless they offer a no-cost option when I visit them then I am looking at having an independent report. Any ideas about how to arrange that and if it finds in my favour are Apple legally bound to remedy the problem?
    Only if you can also show that the handset could reasonably be expected to last for more than three years.

    I should correct a small error in your OP. There is no 6 year period where something is covered for faults. You have up to six years to claim that the goods are inherently faulty and to seek a remedy.

    Personally, I think you will struggle with this unless apple device to offer a no cost repair in the first place.
  • pmduk
    pmduk Posts: 10,683 Forumite
    Part of the Furniture 10,000 Posts Photogenic Name Dropper
    As Apple only offer a 1 year warranty on their handsets it should give you some idea of how long they expect their handsets to last!
  • No of course you don’t have to pay for a repair......





    ......unless you want a working phone that is. :D
  • System
    System Posts: 178,374 Community Admin
    10,000 Posts Photogenic Name Dropper
    pmduk wrote: »
    As Apple only offer a 1 year warranty on their handsets it should give you some idea of how long they expect their handsets to last!

    Troll post!
    This is a system account and does not represent a real person. To contact the Forum Team email forumteam@moneysavingexpert.com
  • iDoc wrote: »
    Thanks. On the basis of what you've said, unless they offer a no-cost option when I visit them then I am looking at having an independent report. Any ideas about how to arrange that and if it finds in my favour are Apple legally bound to remedy the problem?

    Just find an independent repair shop.

    If the create a report that says the phone has become faulty due to an inherent fault, then take that back to Apple for a remedy along with a refund of the report.

    Of course, Apple could then do their own report which might state the opposite to the one you commissioned. At that stage you would then have to look at Small Claims Court action for a judge to decide.
  • john22 wrote: »
    Troll post!

    It seemed like a perfect comment to me. If the OP wants to take the high-risk option of paying for an expert report and then the court fee they are far more likely to be disappointed than not.
  • System
    System Posts: 178,374 Community Admin
    10,000 Posts Photogenic Name Dropper
    It seemed like a perfect comment to me. If the OP wants to take the high-risk option of paying for an expert report and then the court fee they are far more likely to be disappointed than not.

    I was responding to post 6 which I quoted :)
    This is a system account and does not represent a real person. To contact the Forum Team email forumteam@moneysavingexpert.com
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