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Topic # 192154 29-Feb-2016 10:13
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My iphone 5s failed after 28 months (touch id failed after 25 months, then home button completely failed at 28 months).

 

Just wondering, what peoples opinion might be on whether this is worth a claim on the CGA?  

 

Spark said they cover up to 24 months, their interpretation of the CGA is that a smartphone should be expected to keep working for 24 months minimum.

 

 

 

 

 

 


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  Reply # 1501271 29-Feb-2016 10:18
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A lot longer than 28 months, go back to Spark and remind them of the CGA and their legal obligations.





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  Reply # 1501276 29-Feb-2016 10:21
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Over two years you might be pushing it. I'd expect a phone well treated to last 3-5 years though.

 

Consumer story 1. Someone who's a member can look at their actual published life expectancy here.





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  Reply # 1501278 29-Feb-2016 10:22
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What's the general condition of the phone?




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  Reply # 1501291 29-Feb-2016 10:25
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MikeB4:

 

A lot longer than 28 months, go back to Spark and remind them of the CGA and their legal obligations.

 

 

I contacted the spark online chat to query this, and these are their comments...

 

00:14:39 xxxxx : Okay, so just been clarifying with a couple of colleagues, and so basically, the fair trading act and consumer guarantees act state that it should last for 'a reasonable length of time' - which I understand sounds pretty vague I guess!
00:14:54 xxxxx: The 24 month warranty was brought about as a result...
00:15:10 xxxxx: so yep, once the 24 months is up, then any repairs will be chargeable I'm afraid :(

 

 

 

So, telecom increased phone warranties to 24 months with the view that this meets their CGA obligations . Now, that seems quite short to me, but I am biased as it is my phone that failed :)

 

 




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  Reply # 1501293 29-Feb-2016 10:26
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lxsw20:

 

What's the general condition of the phone?

 

 

Very good. Housed in a case, tactile response of the button is perfect  (not like when buttons can sometimes become 'mushy'). So the button mechanics are fine, seems to be some kind of electrical contact issue. 

 

[edit] Spark were not interested in the phone condition anyway, they didn't even want to look at it. 


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  Reply # 1501295 29-Feb-2016 10:28
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I don't know, greyish area. A smartphone, probably more than any other piece of tech, is the most abused/used thing most people own.

 

It sits in pockets, gets dropped, sits in hot cars, gets used in the rain etc etc.

 

After two years, I personally would not be lodging a CGA claim for a faulty iPhone - If it stops, I'd consider it life over. If the button stopped working, I'd try to find a repairer who could replace it. That's just me, you may want to take it further with Spark or Apple and the CGA




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  Reply # 1501298 29-Feb-2016 10:32
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trig42:

 

I don't know, greyish area. A smartphone, probably more than any other piece of tech, is the most abused/used thing most people own.

 

It sits in pockets, gets dropped, sits in hot cars, gets used in the rain etc etc.

 

After two years, I personally would not be lodging a CGA claim for a faulty iPhone - If it stops, I'd consider it life over. If the button stopped working, I'd try to find a repairer who could replace it. That's just me, you may want to take it further with Spark or Apple and the CGA

 

 

The thing is, you can't replace the home button--- it bricks the phone. 

 

Although, I heard somewhere apple were reviewing their policy on this.

 

[edit] If i decide not to go the TDR/CGA route, I'll probably just get a cheap button repair (if i can confirm it does not brick the phone haha) .

 

 

 

 

 

 


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  Reply # 1501303 29-Feb-2016 10:42
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I would say about 2 years is 'average', which probably means you could justify a claim under CGA for up to 3 years if you have kept it in otherwise pristine condition.

 

But if it's got more common signs of wear and tear (scratches, dents etc) I wouldn't say any more than 2 years.

 

 

 

Ultimately, each case is judged on its individual merits.  You can make a claim for a 28 month old phone and, if spark contests it (unlikely) then you might win or might lose.  I don't think it's as clear cut as, say, a washing machine that has packed up after 2 1/2 years.


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  Reply # 1501304 29-Feb-2016 10:42
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Call AppleCare on 00800 7666 77666 (yes the number looks weird but its their toll free NZ support number. 

 

 

 

Mention the issue to them and if they say nothing can be done ask to speak to someone in customer relations. I would also get in touch with a service centre like service plus (Not Yoobee) and they might be able to help push your case.


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  Reply # 1501311 29-Feb-2016 10:46
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It possibly costs more for a phone company to contest a consumer guarantees act claim than to just pay out. Lawyers aren't typically involved but may be consulted, someone has to go down there, etc. Then again they may make a stand.

 

24 months isn't totally unreasonable. Can Apple replace the button? I know third parties can brick the phone doing it, but Apple should be able to I'd have thought.

 

My S4 is around 30 months old, still pristine and working fine despite a few minor drops.





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  Reply # 1501314 29-Feb-2016 10:49
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BTR:

 

Call AppleCare on 00800 7666 77666 (yes the number looks weird but its their toll free NZ support number.

 

You have an extra 7 in there. It's 00800 7666 7666.




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  Reply # 1501329 29-Feb-2016 11:03
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Thanks for the replies  ... so I 'might' be covered  ....  i have decided to lodge a claim with the TDR as I found a case where they ordered vodafone to fix a 30 month old iphone. 

 

 

 

I'll give apple a call too, see what they say, as this TDR process can take 6 weeks or so. 

 

In the event the claim is denied (I agree it is not clear cut), I'll just get a new button  from one of those 3rd party repairers (assuming the bricking issue will be sorted by then).

 

 

 

 

 

 

 

 


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  Reply # 1501334 29-Feb-2016 11:09
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surfisup1000:

 

MikeB4:

 

A lot longer than 28 months, go back to Spark and remind them of the CGA and their legal obligations.

 

 

I contacted the spark online chat to query this, and these are their comments...

 

00:14:39 xxxxx : Okay, so just been clarifying with a couple of colleagues, and so basically, the fair trading act and consumer guarantees act state that it should last for 'a reasonable length of time' - which I understand sounds pretty vague I guess!
00:14:54 xxxxx: The 24 month warranty was brought about as a result...
00:15:10 xxxxx: so yep, once the 24 months is up, then any repairs will be chargeable I'm afraid :(

 

 

 

So, telecom increased phone warranties to 24 months with the view that this meets their CGA obligations . Now, that seems quite short to me, but I am biased as it is my phone that failed :)

 

 

 

 

 

 

I would say they increased it to 24 months as you can take a phone on finance over 24 months (no interest deal they have going).

 

No point only offering 12 months when they let you pay it off over 24.


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  Reply # 1501340 29-Feb-2016 11:21
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Spark appears to be trying to place a time limit where no statutory limit exist, that is not with in their authority. Lodge a claim and follow it through.





Mike
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The views stated in my posts are my personal views and not that of any other organisation.

 

 Mac user, Windows curser, Chrome OS desired.

 

The great divide is the lies from both sides.

 

 


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  Reply # 1501396 29-Feb-2016 12:03
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My iPhone 6+ cost about $1400.

 

I would expect a device that expensive to last at least 5 years physically speaking - rather than last 5 years in terms of software compatibility etc.






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