iPhone 5 not fit for purpose after 6 weeks of purchase

[Louised]

Hi I'm back again after successfully settling a previous dispute.This time it involves my sister. She recently purchased an iPhone 5 on contract no longer than 6 weeks ago. Just last week the battery frazzled. My sister not thinking took it to the local independent phone shop and had the battery replaced. Now doing this has void the 1 year warranty with Apple, but the phone still isn't working after having a new battery put in. I've spoke to Apple and they are not willing to help as a third party(independent phone shop) has been involved. I think this is disgusting as it is clearly a manufacturer fault as the battery had frazzled within weeks of purchase. Just wondering what rights I have any suggestions are appreciated.

[leclerc]

Re: iPhone 5 not fit for purpose after 6 weeks of purchase

Unfortunately for you, you can't prove it since you do not have the original battery and took it to an independent store in clear violation of their own terms and conditions. Is that the only thing wrong with it? Is it now working?

I don't think you have a case now but you did have before.

[Fred]

Re: iPhone 5 not fit for purpose after 6 weeks of purchase

This is made difficult by the "independent" allegedly repairing a fault which is not fully understood.

Any reputable repair agent would or at least should have known the consequences of attempting repairs on a fully warranted Apple device providing they were aware of the said age of the device. Had this been myself, I would have sent the device back to Apple with the owners consent.

I think your first port of call is now to see if Apple will look at the device & give you a problem description on a good will basis given nothing is yet proven.

Apple do have systems in place for consumer dissatisfaction & they can often say what is or went wrong.

The problem lies (sometimes) with inferior parts being used for repairs & I am not so sure Apple can be blamed for this without a full investigation. There are inbuilt indicators/sensors in these devises which can be read in the repair shops which, should give an idea of any electrical fault &/or defect.

[ostell]

Re: iPhone 5 not fit for purpose after 6 weeks of purchase

But usually things like batteries are not included in a warranty therefore the work may not have been against the warranty. Apple are not known for being helpful with warranties. They just can' t get used to the level of consumer protection in the UK compared with the US.

[Fred]

Re: iPhone 5 not fit for purpose after 6 weeks of purchase

But usually things like batteries are not included in a warranty therefore the work may not have been against the warranty. Apple are not known for being helpful with warranties. They just can' t get used to the level of consumer protection in the UK compared with the US.

I do not mean to argue but, Apple if you follow their systems are very good (trust me am not a fan) & the battery is fully enclosed in the unit, it is considered a breach of the warranty if you break the into the sealed unit.

There are also some dodgy downloads such as "bricking" which can destroy the phone. If any such download exists on the device they will of course refuse the warranty unless, you are terribly persuasive that is.

[ostell]

Re: iPhone 5 not fit for purpose after 6 weeks of purchase

I'm not arguing, I just don't know Apple and don't trust them.

[R0b]

Re: iPhone 5 not fit for purpose after 6 weeks of purchase

Sorry to disagree on this but the Apple warranty (manufacture warranty) is in addition to any consumer rights law, and does not supersede them. So your apple warranty is buggered but does not prevent you from asserting your consumer rights. If purchased after 1 october 2015 the new consumer rights come into effect. As you have had the goods more than 30 days you do not have the automatic right to reject. However as its within 6 months you are entitled to a repair or replacement (of apples choice). If they choose to repair then they have one shot at it and if it fails again then you have the right to a refund or a reduction in price.

So best bet is to send a complaint to Apple, mention that the phone is not of satisfactory quality, if they refuse to do anything because it has been tampered with then point out that the warranty is in addition to consumer rights law and the law says you are entitled to a repair or replacement. If they are not willing to do anything about it then you could take further action if you wanted to e.g. Small claims

[Louised]

Re: iPhone 5 not fit for purpose after 6 weeks of purchase

Hi thanks everyone I do have the original battery and you can clearly see it has been frazzled doesn't this prove my point that there is a fault?

[R0b]

Re: iPhone 5 not fit for purpose after 6 weeks of purchase

Hi thanks everyone I do have the original battery and you can clearly see it has been frazzled doesn't this prove my point that there is a fault?

Yes, if you have the original battery then that is all in your favour - when you say frazzled can you describe what you mean by that? As I have said, you will need to write a formal complaint to Apple to set things in motion, if as you say that there is clear damage which does not look accidental in any way then you should have no problems getting it repaired or replaced.

If you want, post up your draft letter to send to Apple and some of us can take a look to make sure you've got everything you need in there.

[Openlaw15]

Re: iPhone 5 not fit for purpose after 6 weeks of purchase

Hi I'm back again after successfully settling a previous dispute.This time it involves my sister. She recently purchased an iPhone 5 on contract no longer than 6 weeks ago. Just last week the battery frazzled. My sister not thinking took it to the local independent phone shop and had the battery replaced. Now doing this has void the 1 year warranty with Apple, but the phone still isn't working after having a new battery put in. I've spoke to Apple and they are not willing to help as a third party(independent phone shop) has been involved. I think this is disgusting as it is clearly a manufacturer fault as the battery had frazzled within weeks of purchase. Just wondering what rights I have any suggestions are appreciated.

"does not affect your statutory rights"....read the contract clause.

1) statutory rights defeat warranties; 2) battery is not a defect issue.

Manufacturers know that you don't need warranties as consumer rights are covered sections 13/ 14 under the Sales of Goods Act 1979 (as amended)/ equivalent services legislation (1994 Act). Statutory rights cannot stand in the place of Parliament's legislation and they well know this. Supplier's or manufacturer's warranty are not certain regardless of what the manufacturer states, as the role is for the court to interpreted terms, only on this basis will the term be construed as either a warranty or a condition.

Tell Apple, you will take court action for contract damages and seek a remedy for 'specific performance' as well. Specific performance means Apple have to perform the contract, including replacing iPhone (brand new one) as it is only 6 weeks' old.

A battery in any event is an independent part to the device from all other working parts. A battery is used to power the device but the device components are still workable. A defect more likely relates to the complex components without which the device is rendered defective. A replacement battery therefore is not a defect issue. The warrant therefore has not been broken. Do you not accept this rubbish.

[jaydee]

Re: iPhone 5 not fit for purpose after 6 weeks of purchase

Hi

Just out of interest did you purchase the phone directly from Apple or a third party?

[LoretSagar]

Hi I'm back again after successfully settling a previous dispute.This time it involves my sister. She recently purchased an iPhone 5 on contract no longer than 6 weeks ago. Just last week the battery frazzled. My sister not thinking took it to the local independent phone shop and had the battery replaced. Now doing this has void the 1 year warranty with Apple, but the phone still isn't working after having a new battery put in. I've spoke to Apple and they are not willing to help as a third party(independent phone shop) has been involved. I think this is disgusting as it is clearly a manufacturer fault as the battery had frazzled within weeks of purchase. Just wondering what rights I have any suggestions are appreciated.

Hi. I had a similar situation. When I first bought an iPhone 8, after a week of work, it stopped working. I really didn't know what the problem was and just assumed. I turned to my brother for help, because he knows how to do it. He said my battery was probably dead. I was furious. I bought a new phone and then it broke. I went to the store where I bought this phone to sort it out. The store to put it mildly they sent me. And the store employees really pissed me off.