Quick questions on Consumer Rights

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  • Kimis_girl11
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    Hi, my partners iPhone 6 plus has touch disease. He's recently out of contract but we were advised yesterday that the fault should be covered by consumer rights. I can't find anything relevant to phone faults out of contract and the phone contract itself doesn't say anything about faults out of contract. If we pay to fix the fault, can we claim that back at some point? Is anyone aware of the issue and not had to pay for the repair out of contract? Thanks
  • marliepanda
    marliepanda Posts: 7,186 Forumite
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    Hi, my partners iPhone 6 plus has touch disease. He's recently out of contract but we were advised yesterday that the fault should be covered by consumer rights. I can't find anything relevant to phone faults out of contract and the phone contract itself doesn't say anything about faults out of contract. If we pay to fix the fault, can we claim that back at some point? Is anyone aware of the issue and not had to pay for the repair out of contract? Thanks

    What contract are you talking about? Your phone contract (aka with o2 or Vodafone) is totally irrelevant to the handset.

    Are you talking about a warranty? Who advised you of this?

    If the phone is faulty, and I'm guessing it's over 6 months old; you need to prove that the fault is inherent and not through mishandling. Apple may help. They may not. If you didn't buy from them then they don't have to.

    If it's inherently faulty, you're entitled to a repair or a replacement, or a proportionate refund.

    If it's not inherently faulty, it's up to you to pay.

    I'm also not sure what you mean about repairing it and claiming the repair cost back. Who from?
  • robatwork
    robatwork Posts: 7,091 Forumite
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    Hi, my partners iPhone 6 plus has touch disease. He's recently out of contract but we were advised yesterday that the fault should be covered by consumer rights. I can't find anything relevant to phone faults out of contract and the phone contract itself doesn't say anything about faults out of contract. If we pay to fix the fault, can we claim that back at some point? Is anyone aware of the issue and not had to pay for the repair out of contract? Thanks

    You've got no chance getting Apple to repair it for free. Although they acknowledge this is an issue https://www.apple.com/support/iphone6plus-multitouch/ they say that it's only when the phone has been mistreated. This of course may be untrue but you won't be able to prove it easily.

    I don't know if the UK apple centres are offering a similar price repair at a flat fee but I would print out that webpage and take it to an Apple shop. See if they will "price match"
  • jjpmaia
    jjpmaia Posts: 53 Forumite
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    Quick question then:

    I work for a company and some hardware broke down for the 2nd time (temperature probes on refrigerated trailers). I contacted the company and told them they need to cover it (last breakdown was 6 months ago).
    They say there is no warranty (here my question is, has a business, do we have the same or similar rights as a costumer)?
    Also, they say the new hardware keeps the old warranty. For example, something broke down after 9 month, so the new probe only has the remaining 3 month warranty.

    My 2 questions are regarding UK law, because I know that in my home country there is a 1 year minimum warranty for business/companies and if they replace the hardware for a new one they need to give another year.

    Thank you for your help.
  • unholyangel
    unholyangel Posts: 16,863 Forumite
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    jjpmaia wrote: »
    Quick question then:

    I work for a company and some hardware broke down for the 2nd time (temperature probes on refrigerated trailers). I contacted the company and told them they need to cover it (last breakdown was 6 months ago).
    They say there is no warranty (here my question is, has a business, do we have the same or similar rights as a costumer)?
    Also, they say the new hardware keeps the old warranty. For example, something broke down after 9 month, so the new probe only has the remaining 3 month warranty.

    My 2 questions are regarding UK law, because I know that in my home country there is a 1 year minimum warranty for business/companies and if they replace the hardware for a new one they need to give another year.

    Thank you for your help.

    Regarding the warranty, there is no law saying that anyone (retailer or manufacturer) need to give a warranty and often warranties are void when used for commercial purposes anyway.

    Regarding your rights, no as a business you have nowhere near the protection & rights that a consumer does. The main one with a consumer is that they cannot contract out of their statutory rights - businesses are not afforded the same luxury as they enter many contracts every single day so should be more competent than your average consumer.

    Read your contract and see what the T&C's state. If they don't offer the cover then really - as a business - you should have had a contingency plan in place (ie a breakdown/repair plan). Sorry.
    You keep using that word. I do not think it means what you think it means - Inigo Montoya, The Princess Bride
  • wealdroam
    wealdroam Posts: 19,181 Forumite
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    jjpmaia wrote: »
    ...I know that in my home country there is a 1 year minimum warranty for business/companies and if they replace the hardware for a new one they need to give another year.

    That's interesting.

    What is your home country?

    That certainly isn't the case here in the UK.
    Most warranties here do not start again if a faulty item is replaced.
  • jjpmaia
    jjpmaia Posts: 53 Forumite
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    wealdroam wrote: »
    That's interesting.

    What is your home country?

    That certainly isn't the case here in the UK.
    Most warranties here do not start again if a faulty item is replaced.

    Hi, its Portugal.
    For consumers we have a minimum of 2 years warranty, and if the product is replaced the new one should have another 2 years warranty. Same for business, but 1 year.

    Thank you all for your help, seems like the weather and food are not the only things Portugal is better at :)
  • [Deleted User]
    [Deleted User] Posts: 26,612 Forumite
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    edited 25 April 2017 at 9:30PM
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    jjpmaia wrote: »
    For consumers we have a minimum of 2 years warranty, and if the product is replaced the new one should have another 2 years warranty.
    That seems incredibly generous.
    What's to stop a consumer having an exchange every two years ad infinitum?

    Sounds like another misunderstanding of the EU "two year" guarantee...
  • mije1983
    mije1983 Posts: 3,665 Forumite
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    jjpmaia wrote: »
    Thank you all for your help, seems like the weather and food are not the only things Portugal is better at :)

    Personally I think that makes it weighted too heavily in favour of the consumer. It's important to have balance in law to ensure fairness to both sides so I don't think it actually is 'better'.

    As mentioned above, there would be nothing stopping me buying a €10 kettle and having it for the next 50 years by replacing it every 2 years. In practice, nobody would expect a €10 kettle to actually last 50 years.

    Each (country) to their own though!
  • naedanger
    naedanger Posts: 3,102 Forumite
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    mije1983 wrote: »
    Personally I think that makes it weighted too heavily in favour of the consumer. It's important to have balance in law to ensure fairness to both sides so I don't think it actually is 'better'.

    As mentioned above, there would be nothing stopping me buying a €10 kettle and having it for the next 50 years by replacing it every 2 years. In practice, nobody would expect a €10 kettle to actually last 50 years.

    Each (country) to their own though!

    Though each and every one of the kettles would have had to break down within 2 years.

    That said my view is also that the UK approach strikes a better balance.
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