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redskt

42 posts

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#212761 11-Apr-2017 16:38
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My 30-month old iPhone 6 Plus battery is swollen and the left side of the display is starting to separate from the phone. I called Apple Support asking for a CGA repair, informing support of how dangerous swollen Li-Ion batteries are. Their senior advisor is adamant the swollen batteries - and batteries in general - are not covered under the CGA.

The senior advisor went on to claim that the CGA has a hard time limit of 24 months. I informed the advisor that Apple 's own environmental report assumes that iPhones last three years without major faults like a swollen battery. The advisor suggested I should talk to Apple's legal team directly and provided me with the wrong feedback link.

Eventually the advisor agreed to remedy the battery issue for free, but then claimed that Apple is being generous and that I would definitely have to pay the support fee if the same issue crops up again, especially if the device is more than 24 months old.

Is Apple handling the issue correctly or are they trying to dodge their responsibilities under the CGA?

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dejadeadnz
2394 posts

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#1761815 11-Apr-2017 19:45
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sbiddle:

 

 

 

Little bit about it here. https://www.consumer.org.nz/articles/faulty-mobile-phones

 

Google will no doubt find you lot more about this. My source was a discussion when Spark, VF and 2d moved all warranties to 2 years.

 

 

 

First you stated that the Commerce Commission have "ruled" on this, yet despite such a ruling being apparently in existence, you're not able to provide it. Moreover, upon a search under the Fair Trading section of the Commerce Commission website, I can locate no such thing. And a closer look at the ComComm publications under that tab would tell one that they generally deal with policy issues, advice, statements of intent etc that are quite broad, rather than specific definitive comments on what complies and what doesn't comply with a legislation.

 

What's more, on the latter point, as a lawyer who's litigated Fair Trading Act issues and have represented multiple listed companies in dealings with the Commission, I have never, ever heard of the Commission pronouncing or pretending to pronounce definitively (they can't - only the courts can) on what complies or doesn't comply with the Consumer Guarantees Act's definition of acceptable quality. And if you know anything about the CGA, you'd know that it's facts and circumstances dependent. And when one examines what the Commission itself has to say on its own complaints jurisdiction, one suspects that you either didn't understand what you were hearing or you are, just like far too many people speaking beyond their actual areas of expertise, just believing what you want to believe:

 

Some of the reports we receive are about concerns outside the scope of our responsibilities, such as faulty goods and services, retail prices and advertising standards

 

Oh and for a laugh, our Head of Regulatory Affairs sits one pod away from me. When I told him that someone on the internet claimed that the Commission issued guidelines stating that a two year warranty for mobile phones is adequate under the CGA, he laughed. Hard.

 

 

 

 


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