iPhone died 5 hours after purchase

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37 posts

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#571908 22-Jan-2012 14:40

sbiddle:
gregmcc: Return to the store you got it from, advise them that you paid for a new un-repaired phone, you will not accept a repaired phone unless there is a significiant reduction in price.

Apple's warranty clearly says they may repair or replace desices with refurbished product. This is in very clear in English in their warranty terms and conditions.

Ministry of Consumer Affairs clearly says a manufacturers warranty doesn’t replace your rights under the Consumer Guarantees Act.

jbard

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#571909 22-Jan-2012 14:40

sbiddle:
gregmcc: Return to the store you got it from, advise them that you paid for a new un-repaired phone, you will not accept a repaired phone unless there is a significiant reduction in price.

Apple's warranty clearly says they may repair or replace desices with refurbished product. This is in very clear in English in their warranty terms and conditions.

Yes but warranty is separate to the CGA and cannot override it.

I was under the impression that if an item breaks within the first month you could ask for a replacement but this is not the case with the NZ CGA but is in many other countries.

If it was me i would be extremely frustrated that i have paid out $1000 for a phone i was able to use for 5 hours. Considering iPhone customers usually have high per month spends i seriously think Telecom need to look at this policy for phones that break within the first week.

nzbnw

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#571912 22-Jan-2012 14:45

mattwnz:

If the fault is substantial

Depends how you define substantial, as the retailer has the right to repair refund or replace at their discretion, and it would be entirely reasonable for the device to be assessed before making any such call on the nature of the fault. A replacement unit *may* be sent back to the retailer, in which case it's what the OP would be after.

Yes it's annoying as Amber has stated, but the turn around time will be pretty quick in terms of getting a solution.

nzbnw

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#571916 22-Jan-2012 14:55

sbiddle:
gregmcc: Return to the store you got it from, advise them that you paid for a new un-repaired phone, you will not accept a repaired phone unless there is a significiant reduction in price.

Apple's warranty clearly says they may repair or replace desices with refurbished product. This is in very clear in English in their warranty terms and conditions.

Doesn't matter what apple T&C's are the law is the law end of story

What if they decided to add a term like 1st born must be killed to appease the apple gods would that make it ok?

mattwnz

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#571917 22-Jan-2012 14:56

nzbnw:
mattwnz:

If the fault is substantial

Depends how you define substantial, as the retailer has the right to repair refund or replace at their?discretion, and it would be?entirely?reasonable for the device to be?assessed?before making any such call on the nature of the fault. A replacement unit *may* be sent back to the retailer, in which case it's what the OP would be after.?

Yes it's?annoying?as Amber has stated, but the turn around time will be pretty quick in terms of getting a solution.

nzbnw?

I think a very expensive phone that doesn't work when you have only just purchased it, is a substantial failure, unless the staff in store can show a reason why it isn't working. Obviously a new phone you have just purchased should work, and shouldn't die after 5 hours. For anything else it would have likely have just been a straight swap. I am not sure why iphones (or mobile phones in general) are any different, unless you have purchased it subsidised on contract maybe. But not a phone purchased outright. The staff instore should have at least basic knowledge of the products thy are selling to tell if it is a fault or not, or just something that the customer has done wrong.
But if they have to send it away, they would need to provide a timeline. Will they also ask for a $50 deposit, like DSE do to send it away? When I last had a phone sent away, it was away for 3 weeks before they returned it saying they couldn't find a problem. Had to get it sent away again for them to finally see what the problem was, for them to then replace it. In this case I would expect it to be done as a priority, so it should be back to the owner, couriered to their address within 5 days. During this time, the retailer has had their money after all.

mattwnz

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#571920 22-Jan-2012 14:59

sbiddle:
gregmcc: Return to the store you got it from, advise them that you paid for a new un-repaired phone, you will not accept a repaired phone unless there is a significiant reduction in price.

Apple's warranty clearly says they may repair or replace desices with refurbished product. This is in very clear in English in their warranty terms and conditions.

Although they can't contract out of the CGA. In some countries isn't it illegal for them to switch for refurbished, as I have read some terms where they say, unless excluded by the law of that country. Not sure which countries don't allow that.

nzbnw

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#571921 22-Jan-2012 15:00

mattwnz:

In this case I would expect it to be done as a priority

I'm sure it will be treated as such.

nzbnw

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#571922 22-Jan-2012 15:01

nzbnw:
mattwnz:

If the fault is substantial

Depends how you define substantial, as the retailer has the right to repair refund or replace at their discretion, and it would be entirely reasonable for the device to be assessed before making any such call on the nature of the fault. A replacement unit *may* be sent back to the retailer, in which case it's what the OP would be after.

Yes it's annoying as Amber has stated, but the turn around time will be pretty quick in terms of getting a solution.

nzbnw

Damm sure if i paid over $1000 for a phone to last 5 hours, i surley don't wan't it back in any way shape or form, repaired or not, what about if you brought a new $40,000 car and the engine seized the very next day, would you put up with no car for several weeks why they assessed it and repaired it, would you want it back not knowing what other damaged was caused?
Would you want a loner while this assesment/repair is been done?, would you be happy if they used 2nd hand parts?

mattwnz

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#571925 22-Jan-2012 15:05

gregmcc:
nzbnw:
mattwnz:

If the fault is substantial

Depends how you define substantial, as the retailer has the right to repair refund or replace at their?discretion, and it would be?entirely?reasonable for the device to be?assessed?before making any such call on the nature of the fault. A replacement unit *may* be sent back to the retailer, in which case it's what the OP would be after.?

Yes it's?annoying?as Amber has stated, but the turn around time will be pretty quick in terms of getting a solution.

nzbnw?

Damm sure if i paid over $1000 for a phone to last 5 hours, i surley don't wan't it back in any way shape or form, repaired or not, what about if you brought a new $40,000 car and the engine seized the very next day, would you put up with no car for several weeks why they assessed it and repaired it, would you want it back not knowing what other damaged was caused?
Would you want a loner while this assesment/repair is been done?, would you be happy if they used 2nd hand parts?

My parents purchased a 40k European car new, and it did come with a whole list of defects problems that had to be repaired. But at least it was drivable in the meantime. IF not and the engine had to be replaced, then you would obviously expect a brand new car as a replacement.

nzbnw

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#571926 22-Jan-2012 15:05

Ironically you're not comparing 'apples with apples'.

nzbnw

doozy

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#571928 22-Jan-2012 15:08

It is always worth actually checking the CGA though as much like The Empire, its power is vastly overstated

http://www.consumer.org.nz/reports/consumer-guarantees-act/putting-it-right

If the problem cannot be fixed, or cannot be put right within a reasonable time, or is substantial, you can:

Reject the product and choose a replacement of the same type or similar value or a full refund of your purchase price; or
Claim compensation for any drop in the value of the product or service.
Cancel the service contract, pay for any satisfactory work already done, and get someone else to finish the repairs; or
Have it repaired elsewhere and recover the costs from the retailer, if they refuse to fix a faulty product, or fail to do so in a reasonable time.

When you have the right to reject the goods, sellers cannot just offer a credit note. If you want a refund, you are entitled to it - by cash, cheque or credit card charge reversal.

Substantial means:

A reasonable consumer wouldn't have bought the goods if they'd known about the fault.
The goods are significantly different from their description, sample or demonstration model.
The goods are substantially unfit for purpose.
The goods are unsafe.

So, does it fall under Substantial? No, is 7 days a reasonable amount of time for a device that requires specialist service to check for a repair? Yes.

gregmcc

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#571933 22-Jan-2012 15:21

doozy: It is always worth actually checking the CGA though as much like The Empire, its power is vastly overstated

http://www.consumer.org.nz/reports/consumer-guarantees-act/putting-it-right

If the problem cannot be fixed, or cannot be put right within a reasonable time, or is substantial, you can:
Reject the product and choose a replacement of the same type or similar value or a full refund of your purchase price; or
Claim compensation for any drop in the value of the product or service.
Cancel the service contract, pay for any satisfactory work already done, and get someone else to finish the repairs; or
Have it repaired elsewhere and recover the costs from the retailer, if they refuse to fix a faulty product, or fail to do so in a reasonable time.
When you have the right to reject the goods, sellers cannot just offer a credit note. If you want a refund, you are entitled to it - by cash, cheque or credit card charge reversal.

Substantial means:
A reasonable consumer wouldn't have bought the goods if they'd known about the fault.
The goods are significantly different from their description, sample or demonstration model.
The goods are substantially unfit for purpose.
The goods are unsafe.

So, does it fall under Substantial? No, is 7 days a reasonable amount of time for a device that requires specialist service to check for a repair? Yes.

Substantial, paid $1000 for a phone that last 5 hours. If I had know that the phone was only going to last 5 hours I would not have paid $1000, YES, 7 days is a reasonalble repair time, YES

Ok so you can't reject it because of the repair time of 7 days, but you can reject it because it is a substantial fault.

At the end of the day if they insist on repairing it, and this happens and you don't want it, file a claim with the disputes tribual, also include the cost of filing, the cost of you dealing with it in the claim. You have a good case that you will most likely win. You could also file a complaint with the TDR, it all depends on how far you want to take it.

Who knows, maybe the store will see reason and just outright replace it?

peroski

37 posts

Geek

#571934 22-Jan-2012 15:21

doozy: It is always worth actually checking the CGA though as much like The Empire, its power is vastly overstated

http://www.consumer.org.nz/reports/consumer-guarantees-act/putting-it-right

If the problem cannot be fixed, or cannot be put right within a reasonable time, or is substantial, you can:
Reject the product and choose a replacement of the same type or similar value or a full refund of your purchase price; or
Claim compensation for any drop in the value of the product or service.
Cancel the service contract, pay for any satisfactory work already done, and get someone else to finish the repairs; or
Have it repaired elsewhere and recover the costs from the retailer, if they refuse to fix a faulty product, or fail to do so in a reasonable time.
When you have the right to reject the goods, sellers cannot just offer a credit note. If you want a refund, you are entitled to it - by cash, cheque or credit card charge reversal.

Substantial means:
A reasonable consumer wouldn't have bought the goods if they'd known about the fault.
The goods are significantly different from their description, sample or demonstration model.
The goods are substantially unfit for purpose.
The goods are unsafe.

So, does it fall under Substantial? No, is 7 days a reasonable amount of time for a device that requires specialist service to check for a repair? Yes.

The problem is substantial as

she wouldn't have bought the goods if she'd known about the fault.
The goods are substantially unfit for purpose i.e it doesn't work.

If the problem is substantial, you can:

Reject the product and choose a replacement of the same type or similar value or a full refund of your purchase price

nitrotech

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#571937 22-Jan-2012 15:30

What exactly is the problem with the phone eg does it turn on at all? Have you tried DFU mode

peroski

37 posts

Geek

#571938 22-Jan-2012 15:31

If you want something done right, don't bother asking Telecom.

My friend contacted Apple direct and they are replacing her phone with a new one.

Apple obviously have a better understanding of the CGA than Telecom or perhaps they just care more about keeping their customers happy, either way case solved!

Thanks to everyone for their advice.

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