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ArcticSilver

729 posts

Ultimate Geek


#216649 6-Jul-2017 13:00
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In early 2015 (I believe it was January) I purchased a iPhone 6 from Spark.

 

On the 01/02/16 I my iPhone 6 was sent away for repair by Spark. It had developed an issue where calls were sounding distant. The staff member noted that the camera had moved internally and seemed to imply that he had seen this issue before. It sounds like this is related to a manufacturing defect.

 

On the 09/02/16 I was notified my phone was back. A staff member let me know that it was a replacement phone.

 

As of early last month (June 2017) this issue has occurred again. On the 5th of July I attempted to take this back to the Spark store for repair, however they have refused to send it away for assessment or fix this issue at their cost as it is now out of their 24 month warranty (from the original purchase date).

 


I should also note that I am very careful with my phones, they are always in a case. I treat them with care, I have never had a screen protector on any one of my phones and have never had a broken screen. The phone has no physical damage.

 


I have subsiquently contacted multiple managers at Spark and put through a complaint via their website (at a managers recommendation) to only get told that they will only honor the 24 month warranty from the original purcahse date (despite my phone being replaced).

 

 

 

 

 

I have been told multiple times that the Consumer Gurantees Act does not cover me for this (it is illegal to mislead some one to their rights under the act) and have faced no end of issues trying to speak to some one out of the bounds of their strict policies that can see reason.

 

 

 

I have loged a dispute with the Telecommunication Dispute Resolution (TDR) scheme which seem to be able to hear these issues. 

 

 

 

My reasoning is as follows:

 

1) As per the Consumer Gurantees Act, the goods should be of acceptable quality. A phone such as a iPhone 6 which was one of the most expensive phones that you could buy at the time should be of acceptable quality to last for this period without needing multiple repairs.

 

2) As per the Consumer Gurantees Act (19 subsection 2) "the replacement goods shall, for the purposes of this Act, be deemed to be supplied by the supplier and the guarantees and obligations arising under this Act consequent upon a supply of goods to a consumer shall apply to the replacement goods." The replacement phone should have a new implied warranty which should last (by Spark's own definition) at least 2 years.

 

3) As per the Consumer Gurantees Act the goods should last a resonable lifetime. I would also argue that only 2 years and 6 months is not a resonable liftime for a top of the line Apple iPhone and no one would reasonably buy this device knowning that it might only last this period.

 

 

 

 

 

All up I am very disappointed in how this has been handled, but it seems to be very common place in the industry, so a question for everyone here.

 

 

 

Do you think it is acceptable for a iPhone (purchased new) to last only 2.5 years?


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dejadeadnz
2394 posts

Uber Geek
Inactive user


  #1814062 6-Jul-2017 19:20
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michaelmurfy: @surfisup1000 yes I was being serious. These are the guidelines that have been given to retailers regarding mobile devices but there are always people who think their phones should last a lifetime. Spark in this case are adhering to their portion of the CGA no matter how you argue it. The CGA is there to also help protect retailers. I would agree with let's say a laptop or large appliance but I've worked for retail with mobile in the past, I know what kind of crap some phones go through and yet the customer still expects them to be let's say run over by a lawnmower.

Not kidding. I've seen some horrific "CGA claims". This one to be honest isn't CGA as I said. It is simply with Apple especially if it is a known defect.

People are quick on pointing out what benefits them while ignoring what is there for the retailer.

 

I am sorry but you really need to stop making stuff up and posting blatantly wrong legal advice.  At the risk of alienating the usual crowd here, I very much doubt that (1) you're a lawyer; (2) that you have held senior risk/legislative compliance roles with multiple listed companies, and (3) have advised both retailers and consumers on the Consumer Guarantees Act. I have done all three.

 

There is no legally enforceable, definitive "guidelines" (these wouldn't be called guidelines if they were authoritative) that says a mobile phone need only last 2 years to meet the CGA. As I said to Steve Bibble here, when it comes to these outrageous claims that are easily proved or disproved, action speaks a lot louder than words. He never found the Commerce Commission's supposed guidelines because they don't exist. What some retailer publishes also doesn't matter.

 

More importantly, your assertion that "It is simply with Apple especially if it is a known defect" is outrageously wrong. The Consumer Guarantees Act is absolutely clear on this - this is basic, elementary knowledge of responsible citizenship given how widely available this information is. Section 16 sets out the circumstances under which consumers have a right of redress against suppliers. These circumstances include failing to meet the tests for acceptable quality under s 6. Supplier is then defined under s 2 as follows:

 

 

 

 supplier—

 

(a)
means a person who, in trade,—
(i)
supplies goods to a consumer by—
(a)
transferring the ownership or the possession of the goods under a contract of sale, exchange, lease, hire, or hire purchase to which that person is a party; ... 

 

On what planet would "a known defect" somehow not give the OP a claim against Spark but provide him with a viable claim against Apple? Being a mod shouldn't exempt you from doing the right thing by other posters, especially the less sophisticated ones who might take your words far too seriously (they would be foolish to, however, given what my simple analysis shows regarding your level of understanding of the CGA. You really should withdraw your post, especially given the vehemence with which you have asserted that the other posters are wrong and the implication that their beliefs and demands are excessive or frivolous.


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