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fm2503

macrumors regular
Original poster
May 5, 2009
101
86
Cheshire
Earlier this week my 15 month old 3G 16GB bombed out into a permanent reboot loop whilst syncing with iTunes. Nothing would get it back. Genius bar appointment confirms that it is totally bricked. _BUT_ as it's more than 12 months old the Applecare is expired, so they will have to charge me £139 for a replacement handset. However, they point out, you have an 18 month contract with O2 who have a duty of care (and of course this is the UK, so let us mention the sale of goods act shall we?).

Round the corner I go to the O2 store. Zero interest at all. "Should have purchased insurance sir." - 'No, that's above & beyond my statutory rights - this isn't fit for purpose through the whole 18 months. Replace it please or cancel the balance of the contract'. No, there was absolutely nothing they could do for me, or any interest in helping or providing a level of customer service.

Back to the genius bar, surprise the paper work is already done for a replacement handset "just in case it didn't work out with O2" - but tragedy, none in stock, but we'll have one in tomorrow morning for you. Ho hum, back to work.

16:50 ish I get a phone call - we've had a part shipment come in early, and there's an iPhone here with your name on it. 40 minutes later back in business.

Apple customer support: 10/10 (as always in my experience)
O2 Customer support: 0/10 (worse than normal)
Chances of my next contract'd iPhone in the UK being on O2: ZERO
 
Not that Im trying to 'big up' O2, I personally don't rate them much as a service provider but surely you will receive the same answers from any other service provider???

Anyhow Glad you got it sorted, shame it cost £139!
 
So did Apple charge you the £139? If they did then they did not provide a product which was fit for purpose either but you still gave them '10/10'
 
You would have received the same answer from any of the other big networks in the UK. Like the poster above said, did you pay the £139? And still gave them full marks?

AnDy
 
Yes apple charged me for the replacement handset - but my contract is with O2, not with Apple. Yes I paid, considerably cheaper than the price of a new handset without contract. SoGA places the owner on the seller, not on the manufacturer.

I _knew_ my Applecare had expired, and _choose_ not to extend it, so wouldn't expect Apple to replace it for free - I have no contract with Apple - only O2.
 
Surely your contract with O2 is only for provision and access to the network and is therefore nothing to do with the iPhone? I would have thought that responsitility for the serviceability of the phone rested entirely with Apple. However, nowhere does Apple state their iPhones last for ever!

As your phone is out of warranty, you can only, like any other user, purchase a replcement.
 
Not if it was bought from o2, the contract for sale of goods act will be with whatever company sold the physical device to you, o2, carphone warehouse, or apple.
 
Methinks there's some confusion here! The Sale of Goods Act refers to a product's fitness for purpose at the time of sale. As already said, O2's contract only refers to their "supply" of network facilities - during the contract period.

Apple's manufacturers warranty covers all aspects of the iPhone. Inthe OP's case, as his warranty had expired, no further aims are applicable.
 
Methinks there's some confusion here! The Sale of Goods Act refers to a product's fitness for purpose at the time of sale. As already said, O2's contract only refers to their "supply" of network facilities - during the contract period.

Apple's manufacturers warranty covers all aspects of the iPhone. Inthe OP's case, as his warranty had expired, no further aims are applicable.

The Sale of Goods Act states that the goods should be fit for purpose and should last for a reasonable period (up to six years).

Sale of Goods Act said:
Q3. Are all goods supposed to last six (or five) years?
No, that is the limit for bringing a court case in England and Wales (five years from the time of discovery in Scotland's case). An item only needs to last as long as it is reasonable to expect it to, taking into account all the factors. An oil filter would usually not last longer than a year but that would not mean it was unsatisfactory.

It is obvious an item such as the iPhone should be expected to last longer than 12 months. It is sold with a 18 or 24 month contract and indeed Apple offer a manufacturers warranty extension up to 24 months, so expect it to last at least that long.

There is another MacRumors thread about a similar claim here.
 
As Olly was saying, but the sale of goods act would as I said apply with your contract to whomever you bought it off, which is a different matter to whom you have the phone contract with. And an expensive piece of electronics would reasonable be expected to last at least a couple of years in usable condition.
 
When it comes to contract phones, the sales of good act only allows a replacement handset within the first 28 days of purchase, not the whole contract
 
When it comes to contract phones, the sales of good act only allows a replacement handset within the first 28 days of purchase, not the whole contract

The Sale of Goods Act pre-dates contract mobile phones by a considerable period, so doubt that statement holds true somehow. I'm willing to be shown the evidence, however.

Ultimately the price you're paying is for the handset + service for at least the term of the contract so under SAGA the handset should last at least that long and in the eyes of most rational people (hint: magistrates) a good deal longer (3 years perhaps, given that the battery is the component most liable to performance degradation).
 
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