Advice on repairs on faulty phone from Spark and rights under CGA

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senyeah

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Topic # 238206 6-Jul-2018 19:05

I’ve just had possibly the most frustrating experience with Spark imaginable. I bought an iPhone X from them when it was first launched. Ever since it was new, it’s had an issue where the upper half of the screen is green when the screen brightness is decreased on dark backgrounds. I've really only noticed it as of late since I've been using it more at night compared to when I got it.

So I approached them, who sent it to their repair provider Telegistics, who promptly returned it stating there was no issue (even though an AASP confirmed there was one). I then demanded a replacement phone and was told they couldn’t give me one and would have to send it away again “escalated".

One employee even put me on the phone with Apple in the store to get them to solve the problem instead!

Given the cost of the device and nature of this fault, I think it’s reasonable for it to be considered “serious”. Apple’s warranty page (https://www.apple.com/nz/legal/statutory-warranty/) seems to agree with me, since I wouldn’t have bought it if I had known about the green tint issue. Therefore under the CGA I’m entitled to a refund or replacement, and I get to choose what happens right? So I went to a different store and verbally rejected the phone again, demanding a replacement. But they wouldn’t budge.

So what can I do? I’ve verbally rejected it twice now at two different stores but they won’t accept it. Do I give in and let them send it away again? I believe under the CGA I have the choice as to what happens next as I think this is a serious issue.

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Reply # 2050802 6-Jul-2018 19:49

Bought at iPhone X launch November 2017?

senyeah

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Reply # 2050804 6-Jul-2018 19:53

Yep, one of the first delivered

gehenna

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Reply # 2050805 6-Jul-2018 19:58

You're under AppleCare. Why not give AppleCare a call directly and explain. Get them to refer you to Service Plus or similar for them to investigate. Once you've had confirmation from them that there's an issue (which there appears to be from the photo), go back to Spark with that evidence and then ask them for a replacement.

I had similar issues with a Surface Book last year. Yellowing around the edges of the display when it got warm. Suspect the glue was reacting to the heat badly.

Lias

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Reply # 2050829 6-Jul-2018 20:41

Tell Spark that they replace it, or you'll file a CGA claim in the disputes tribunal. If they don't replace it, do so.

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CYaBro

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Reply # 2050851 6-Jul-2018 21:29

I don’t understand, if an aasp said there is a fault why did they not get it repaired?
It probably just needs a new display.

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senyeah

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Reply # 2050852 6-Jul-2018 21:35

I could have gone through them, but then I'd be without a phone for up to a week. Plus Spark were the ones who sold it to me, so they should fix the issue.

andrewNZ

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Reply # 2050854 6-Jul-2018 21:48

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Phone Apple direct, they will probably sort it quickly and to your satisfaction.

Location: Dunedin

lxsw20

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Reply # 2050884 6-Jul-2018 23:33

I wouldn't call that a serious fault personally and IMO Spark are well within their rights to look at the repair option. The device is still useable. As others have said, go direct with Apple.

michaelmurfy

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Reply # 2050885 6-Jul-2018 23:39

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It looks like the phone on the left has Night Shift enabled while the phone on the right doesn't in that photo. To be perfectly honest this is not a serious issue as the phone is still usable. This is however a common problem with AMOLED at low brightness only where display imperfections can come out.

Speak to Apple directly. I agree with Telegistics that there is no real fault here.

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RunningMan

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Reply # 2050917 7-Jul-2018 07:32

lxsw20:[snip]

I wouldn't call that a serious fault personally and IMO Spark are well within their rights to look at the repair option. The device is still useable.

Except by definition, it is a serious fault. Apple's own NZ Consumer Law page notes that a serious fault is:

For goods, there is a serious failure to comply with a consumer guarantee when:

You would not have purchased the product if you had known about the problem.

The same page notes that

Remedies for serious failure with goods

Return the product and ask for a refund.

Return the product and ask for an identical replacement, or one of similar value if reasonably available.

Keep the product and ask for compensation for the drop in value caused by the problem

While a discoloured screen doesn't generally affect usage, except in low light, and wouldn't be serious from that point of view, in this case, the fault has been present since purchase, and the OP would have been very unlikely to have paid full price for a phone with such a defect. Given that, it seems it is a serious fault, going be the definition on Apple's website.

Given it's serious, the OP can quite rightly reject the goods under the CGA.

Lias

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Reply # 2050967 7-Jul-2018 09:36

All of you saying it's not a serious fault, would you have purchased a new TV with that fault? Not a chance. I believe OP is entirely within his rights to demand a refund. paging @dejadeadnz for the legal opinion.

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Aucklandjafa

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Reply # 2050978 7-Jul-2018 10:08

You can only be offered a refund or exchange IF they aren't able to fix the issue. Speak are well within their rights to have TG replace the screen etc

surfisup1000

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Reply # 2050980 7-Jul-2018 10:15

It looks like a fault to me.

Given the emphasis apple puts on colour accuracy, it appears to be a major fault to someone that places importance on display quality.

Sure, some people may not consider this a big fault. But, consider resale value.... if the OP were to sell the phone they would have to disclose the green issue and the phone would sell for less.

If it were a minor issue, the resale value wouldn't really be affected.

But, in this case, i'd think the resale value would be affected by a few hundred dollars.

Dial111

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Reply # 2050991 7-Jul-2018 10:55

Just curious, but if the fault has been present since day one, why hasn't anything been done since discovering said fault? I bet Spark would of replaced it had the issue been raised at the beginning.

Id personally deal with Apple direct, you'd get a better result.

lxsw20

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Reply # 2050996 7-Jul-2018 11:19

surfisup1000:

It looks like a fault to me.

Given the emphasis apple puts on colour accuracy, it appears to be a major fault to someone that places importance on display quality.

Sure, some people may not consider this a big fault. But, consider resale value.... if the OP were to sell the phone they would have to disclose the green issue and the phone would sell for less.

If it were a minor issue, the resale value wouldn't really be affected.

But, in this case, i'd think the resale value would be affected by a few hundred dollars.

I am not saying there is no fault. I am saying Spark/Apple have a right to fix it, rather than offering a replacement phone on the spot.

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