I have just purchased a new iPhone (this subject is more Vodafone related than iPhone specifically IMO, hence why it's in this thread) from a Vodafone store and I'm a bit concerned at the form that they make you sign before they'll sell one to you that contains the following wording:

"I (name) have read & accept the iPhone terms & conditions, including Apple & 3rd party terms & conditions.

I agree that use of iPhone constitutes acceptance of iPhone terms and conditions (including third party terms and conditions) found in the iPhone box"

Obviously since it's a sealed box, these conditions are unknown until after the time of purchase, the same as any normal sealed-box software EULA, but this isn't software, and from what I believe, sealed-box EULAs don't hold up in NZ do they?

The terms also try and absolve Vodafone of any post-sale service of the device, stating that any non-network related issues must be referred directly to Apple and Vodafone themselves will not help with any issues related to the device itself.

The form obviously largely exists to stop people jailbreaking the phone, and one of the clauses is that doing this will void the warranty. I don't see this as being much different than installing an alternative O/S onto a computer other than the one provided as it can simply be reinstalled to as-standard. If the user bricks the phone while trying, then that's a different story.

They also state that any on-selling of the device will void the warranty, I'm not sure if a manufacturer and/or store guarantee is transferrable in NZ or not?

At any rate, the whole procedure strikes me as somewhat marginal, does it look like they're within their rights, or is some of this trying to sign-away basic consumer rights? If I buy a device and it doesn't work, I expect to be able to return it to where it was purchased and have them deal with it, either on-site or via their agents, I shouldn't have to deal with a company in Auckland and send it to them to deal with.

Any thoughts, I imagine I'll be accused of being petty, but it struck me as a bit suspect.