The law of the land does not apply to the Apple iPhone; JRP v. Orange

[JRP1414]

Here is a brief summary of a problem I am experiencing with Orange:

 

- Took out a contract with Orange for an Apple iPhone, paid £99 for the handset.

 

- 24hrs after receiving the phone, it developed an intermittent fault whereby the signal drops out and a message pops up - 'No SIM card installed'.

 

- Called Orange Tech Support who agreed it was a fault with the handset but said my only option was to take the phone to an Apple shop to have it repaired / replaced under the warranty. I explained that my contract was with Orange and therefore it was my statutory right that they should replace the handset as it was not fit for purpose / of satisfactory quality. Orange said that for any other make of handset, this is the case, but not for the iPhone! They said that Apple have stipulated in a contract between them and Orange that they must manage any replacements / repairs. They basically said the law does not apply to the iPhone!

 

- I requested to speak with a supervisor and was told one would call me back. Some 2hrs later, after chasing up this call, I did receive a call from a supervisor, who to my surprise, reiterated their stance that the law under the Sale of Goods Act or Sale & Supply of Goods and Services Act, does not apply to the Apple iPhone! He said I MUST speak to Apple to arrange a repair / replacement under the terms of the warranty.

 

- I have fired off an email to Orange Customer Services, demanding they honour my statutory rights and replace my phone. I cannot believe what they are doing!

 

I will keep you posted on the outcome. Has anyone else experienced similar problems?

 

JRP1414

[JRP1414]

Well, no reply to my phone calls or emails so far.

 

I've forwarded my email to the Executive Office, asking for someone to look into it, suggesting they may wish to research the law before making a decision!

[JRP1414]

After the most shocking example of customer service I have ever experienced in my life, I ended up giving up and calling Apple direct. They are sending me a replacement handset. Still no proper response from Orange, except for an answerphone message on the broken phone, leaving no return

contact details!

[buzby]

I have to say - you may have been the architect of your own misfortune.

 

Firstly, the error message you get often is a problem with the SIM latch not being engaged correctly/properly, giving an intermittent contact, and the problems you experienced. In a similar situation, the SIM card itself can become slightly oxidised and needs a good clean with a lint-free cloth.

 

As for the repair/replacement procedure. Afriad, Orange is right - Apple have arrange to handle all service issues, so why you want to deal with the Monkey than the Organ Grinder eludes me. Since Orange don't hold replacement stocks, there is little point shouting at them.

 

Incidentally, as Applies is Orange's 'agent' for the servicing, there has been no breach - the proper procedures were followed. The same will hold true when your battery packs in and you need that replaced. If you buy into Apple, you play the game their way.

 

One of the main reasons I'll never touch them.

[JRP1414]

Hmm, well you may well be correct with your diagnosis of the fault but nevertheless, being just 24hrs old when it developed the fault, it's hardly acceptable & I struggle to see how I could be at all to blame. On the SIM card front, that too is brand new & works perfectly in another handset, so that narrows it down to the phone. If you had it in your hand, you would agree with me that it's definitely a loose connection inside.

 

On the Apple/ Orange front, it is plain & simple; my contract for the purchase of the goods / provision of the service is with Orange. I have no contract with Apple (save for product safety issues) & they would be well within their rights to tell me to get lost and to go speak to Orange to get a fault rectified. Orange have provided me with a service & also goods within the provision of that service and consequently the Supply of Goods & Services Act 1982 stipulates that those goods must be of satisfactory quality & fit for purpose. It is quite clear there is an inherent fault with the phone & therefore the responsibility lies with Orange to replace it. I don't have to go to Apple, I don't have to dance to their tune, but yes I can see advantages of going direct. My biggest gripe was that I had to do all the running around, incurring time & expense for something that was not my fault. It is these losses which I will be seeking to recover from Orange for breach of our contract.

[buzby]

If you refer to the described problem, it would be in the same league as a car door not shut completely, and you complaining of a warning light on the dash that prevented the engine starting. Close the door and the problem is solved!

 

Similarly - until/unless the contacts of the SIM/phone are checked (to eliminate the issue from the 'usual suspects', there's little I can add.

 

As to your second paragraph - I do not know if you are interpreting what I said, you are NOT being told to go off and 'see Apple' because Orange cannot be bothered to deal with you. Apple have their own dedicated repair centres around the country (there's one just 40 miles from me) so you are going to the so-called centre of excellence to provide a speedy repair, Orange told you this and you are dissatisfied with this. In my book that is your problem and not theirs. Why not follow their advice and get it fixed/replaced? IF it doesn't, then bring out the indignation and demands for restitution.

 

It may be clear to YOU that there is an 'internal fault' - how many iPhones have you had? A good many so-called out of the box failures are user error. A retailer isn't going to increase it's levels of graded stock because a customer cannot read the instructions correctly. In cases where genuine faults are identified, then clearly repair/replacement is warranted, but not until then.

 

Lastly. You have made some whacking assumptions (all incorrect) that will leave you looking foolish and any dealings with them, and probably lead to an impasse that will (unfortunately) leave you disadvantaged. Have you actually READ your contract? In it there are no 'service' guarantees - there may be if you have taken out a business contract but not a retail one. As such, compensation will not be payable, there may be some goodwill (line rental rebate) but these are discretionary, and if you are unreasonable (or appear to be so) this won't happen.

 

Lastly the Goods and Services Act doesn't really apply - you have a Service Contract for network service which transcends this, and affects your SIM. The phone is covered by SoGA, nothing else. There is no marriage of the items to one common goal. as problems with one do not equate to any waiver of the other.

 

Rather than paint yourself into a corner, do it their way, and if that fails. Complain.

[lard007]

Hello,

 

Aware this is a 2 year old thread but thought it helpful for others to update on similar experience and my approach.

 

I received a new iphone from orange - with an intermittent mic problem that manifested on the first day after receiving the phone.

 

I called orange support and was first advised to call apple, which I did and explained the problem, they advised they would repair or replace with a refurnished phone. I told them it was actually DOA (dead on arrival) as it was supplied faulty and that I would like a new phone, not refurbished - apple advised I would have to have reported it within 14 days to them and it was past that period

 

I then called orange back - I had reported the fault within 10 days to them, advised that it was NOT a warranty repair but actually a DOA handset and that I would like a new one to replace it - they eventually agreed and one should be delivered to me later today.

 

If you raise the problem within a certain time on receipt of the goods then it is a different process - one of faulty goods supplied, not of working goods then developing a fault and the process for replacement is different.

 

Regards the posting referencing SOGA - it is the company supplying the goods who are liable, not the manufacturer of those goods so respectfully disagree with previous posts - Orange may have a service agreement with apple to repair faults under warranty but that does not negate the fact that it is Orange who supplied them to you, not apple

 

Hope that helps others