# Mobile stopped working after 12 months? You can still claim a free replacement



## editor (May 29, 2011)

Here's an interesting story which may prove useful if your phone borks after 12 months. 

The guy had bought an iPhone 3GS which stopped working after 14 months. Both Apple and his network told him he'd have to shell out for a new handset, but the Guardian took up the story:


> I was advised to take it to the Apple store in Southampton where staff concluded it had a faulty flashdrive and it could not be repaired. The assistant said it was just "unlucky", that it was not my fault and that I should contact the retailer or pay a further £139 for a new handset. He could not replace it because the one-year warranty had expired.





> We find it staggering the misinformation retailers tell customers to avoid helping them when items cease to work just after the guarantee expires. Letters sent to you by Orange – seen by us – suggest Orange thinks its obligation to its customers ends after six months, which is simply wrong. The Sale of Goods Act makes retailers responsible for the items they sell for up to six years in England and Wales. Quite why Orange employs staff in its (senior) executive office that spout this nonsense is beyond us.
> 
> We think most reasonable people would expect a £440 iPhone to last longer than 14 months, and pointed this out to Orange. After lengthy negotiations it has now agreed and has sent you a cheque for £139 that Apple will charge to replace the handset.
> 
> http://www.guardian.co.uk/money/2011/may/28/faulty-iphone


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## twentythreedom (May 29, 2011)

Cue lots of phones breaking shortly after the contract is up 

Whoops!


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## dervish (May 29, 2011)

When I was there we implemented a reasonable policy of replacement when it could be obviously proven that the phone was at fault. It worked and replacements actually went down (due to much better training) and saved the company loads of money in not replacing unnecessarily, customers were happier and we were getting through the calls. 

Changed execs at the top and after he came down to see how we were doing implemented a policy of minimum replacements, and advised us to use every reason we could find to not replace. The worst being the water damage trick, if you open your phone and have a look at the battery and compartment there is usually a little white strip, this is paper, if it gets wet it shows a colour through it. This should indicate the phone may have gotten wet, unfortunately it's very sensitive, most peoples are damaged very easily. Replacements went down, astronomically, after the round of congratulations and back slapping the complaints started coming in. Eventually they changed their minds again and things went back to  normal (mostly) the only losers were the poor customers that got caught out by the policy change. Orange is very good at thinking of ways to save money, and shooting itself in the foot.


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## Blagsta (May 29, 2011)

I recently won a battle with O2 to replace my Desire that borked after 4 months.  They initially said I had damaged the screen (I didn't), but after I pointed out my rights under the Supply of Goods and Services Act, they replaced it.  Although they called it "a gesture of goodwill" rather than admit their liability under the law.


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## ViolentPanda (May 29, 2011)

editor said:


> Here's an interesting story which may prove useful if your phone borks after 12 months.
> 
> The guy had bought an iPhone 3GS which stopped working after 14 months. Both Apple and his network told him he'd have to shell out for a new handset, but the Guardian took up the story:


 
When I bought my Orange San Francisco (online) the retailer phoned me trying to flog me an extended warranty, and the woman on the phone seemed genuinely shocked when I explained to her that under current legislation I didn't need one.  This is one of those bits of consumer law that get kept very quiet.


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## Divisive Cotton (May 29, 2011)

This doesn't sound right:



> The Sale of Goods Act makes retailers responsible for the items they sell for up to six years in England and Wales.



So any item you buy from a shop is under warranty for six years?


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## dessiato (May 29, 2011)

Divisive Cotton said:


> This doesn't sound right:
> 
> 
> 
> So any item you buy from a shop is under warranty for six years?



It is not the warranty, it is the length of time it is reasonable to expect a product to last and perform as described fitness for purpose. For example in the cited case it is reasonable to assume that a phone will last, and perform as described, for significantly longer than 14 months, and it is reasonable to assume that it will be fixed or replaced if it is not fit for purpose. If it was a pair of shoes they would be less likely to be replaced after six years of wearing everyday as it is reasonable to assume that shoes will not last this long. It is the 'fitness for purpose' that is being considered here.


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## Blagsta (May 29, 2011)

The length depends on the quality of the goods, price, brand reputation etc.


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## Blagsta (May 29, 2011)

On phones, it would be reasonable to expect your phone to last at least the length of your contract.


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## Hocus Eye. (May 29, 2011)

Most contracts for smartphones seem to be 24 months now. Mine is, and as I am paying out good money each month, I will not be expecting the phone to cease working before the contract ends. I have not bought a phone but have signed up and am paying for a service which requires a working phone to deliver said service.


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## Mr Smin (May 30, 2011)

There may be an element of luck with the person in the shop, the manager on duty and possibly the attitude of the customer. 
I accidentally jammed the SIM tray in an iphone that was second hand and over a year old. I took it to an apple shop and explained the situation. They tried to fix it in their workshop and when they couldn't, they gave me a free replacement.


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