Warranty Not Honored For Non-activated iPhones?

MobileDev,

Just to clarify, from the first section of the [iPhone One Year Hardware Warranty|http://images.apple.com/legal/warranty/docs/iphone.pdf]:

Apple Inc. (“Apple”) warrants this Apple-branded hardware product against defects in materials and workmanship under normal use for a period of ONE (1) YEAR from the date of retail purchase by the original end-user purchaser (“Warranty Period”). If a hardware defect arises and a valid claim is received within the Warranty Period, at its option and to the extent permitted by law, Apple will repair the hardware defect at no charge.

The $250 fee you are referring to is for accidental damage, not an in-warranty repair. You can find the costs for accidental damage listed in this repair article:
http://www.apple.com/support/iphone/service/faq/#warranty7

Hope this helps,
Jennifer B.

If your iPhone was purchased in the U.S., it was sold as carrier locked with at&t only. None of the iPhone functions work until the iPhone is activated with at&t, or hacked to be unlocked for use with another provider.

Copied from the written warranty.

+This warranty does not apply: (a) to damage caused by use with non-Apple products; (b) to damage caused by accident, abuse, misuse, flood, fire, earthquake or other external causes; (c) to damage caused by operating the product outside the permitted or intended uses described by Apple; (d) to damage caused by service (including upgrades and expansions) performed by anyone who is not a representative of Apple or an Apple Authorized Service Provider (“AASP”); *(e) to a product or part that has been modified to alter functionality or capability without the written permission of Apple;* (f) to consumable parts, such as batteries, unless damage has occurred due to a defect in materials or workmanship; (g) to cosmetic damage, including but not limited to scratches, dents and broken plastic on ports; or (h) if any Apple serial number has been removed or defaced.+

I believe the highlighted portion for exclusions applies to a hacked/modified iPhone for use with another provider. Doing so alters the functionality or capability.

An iPhone sold in the U.S. is designed to function as activated with at&t only.

this is true and has been a known fact.. Your AppleCare warranty is started and not needed until you activate your iPhone with a authorized carrier. Just activate your iPhone as intended and then use your warranty, and all is good. The phone is intended to use with at&t anyother use also voids the warranty..

Hey EP,

I believe the warranty begins on the iPhone purchase date, not on the activation date with at&t, but there is no way of knowing there is defect until the activation process which enables all functions.

I believe that the store is misinterpreting this Apple policy:

Your iPhone comes with one year of hardware repair coverage and up to two years of technical phone support during the time your subscription remains active under an AT&T plan.

This means that for one year, they'll offer to "repair" your unit if you break it. ($250, usually.) You also get phone support while you have your initial ATT contract.

In addition, your iPhone, its rechargeable battery, and all included accessories are covered against defects for a full year from the purchase date by Apple's limited hardware warranty.

This means the warranty is effective no matter what, activated or not, sitting in a desk or not. The warranty itself states nothing about activation being required and is not dependent upon it.

Well, I bought my iPhone in the US but use it in another country (unlocked). The phone works flawlessly except the speaker has gone dead (no sound output at all from speaker). My parents are now in the US and I sent my iPhone with them to be replaced (revirginized and locked). The store refuses to replace it because it's not activated with AT&T.

I bought Apple hardware and was/am not interested in AT&T service. My invoice doesen't even mention AT&T. I had the option of unlocking it for use in a country which will probably will never get an iPhone. And I personally know 15 people who have unlocked iPhones here. I would bet that probably 20% of US sales figures are cases like mine where phones were exported.

I believe they should replace it because it's a hardware problem and was not caused by the unlocking or usage. And, the speaker problem seems to be pretty common on iPhones from what I've read. So what are my options? Wait for iPhone 2.0 and unlock that one and give the faulty one away? It dissapoints me that Apple won't back their hardware warranty.

My invoice doesen't even mention AT&T.

It isn't required for the invoice to mention at&t. For an iPhone sold in the U.S., the back of the box includes an at&t logo, and the following is included with the listed requirements - as the first requirement listed.

+Minimum new two-year wireless service plan with AT&T required to activate all iPhone features, including iPod features.+

Below the requirements is some other information regarding at&t.

Without the operating system and firmware, the hardware does not run. There is a license agreement for the operating system and firmware that runs the iPhone.

I believe they should replace it because it's a hardware problem and was not caused by the unlocking or usage.

For the speaker going out, probably, but the same cannot be said for any and all problems which could be caused by hacking/unlocking an iPhone.

Did you revirginize your iPhone with the current firmware version - which is 1.1.4, or with an earlier version?

I assume it is possible to unlock an iPhone running 1.1.4 since if your iPhone is exchanged under warranty, the new or refurbished iPhone will probably have 1.1.4 installed.

(e) to a product or part that has been modified to alter functionality or capability without the written permission of Apple;

As pointed out many times, that's talking about hardware modifications only.

It's the same wording as the hardware warranty that came with other Apple computers. I presume that people don't get written permission each time they install software on those.

[Apple's Hardware Warranty for most of its computers |http://images.apple.com/legal/warranty/docs/cpuwarranty.pdf]

Minimum new two-year wireless service plan with AT&T required to activate all iPhone features, including iPod features.

That has nothing to do with the warranty. As you correctly pointed out previously, the warranty starts at the time of purchase.

The easiest thing he could do is have his parents sign up for an ATT trial period.

So the operating system cannot be considered a product - by lawyers?

The wording says, to a product or part, not to the product or a part.

That has nothing to do with the warranty. As you correctly pointed out previously, the warranty starts at the time of purchase.

No kidding?

If you read what I was referring to with this;

+Minimum new two-year wireless service plan with AT&T required to activate all iPhone features, including iPod features.+

it was in direct response to this.

My invoice doesen't even mention AT&T.

You should take your advice and read more carefully.

here is the problem which you didnt mention in your initial post, you implied that it was a brand new unused iPhone. Warranty was not honored because it was used and not activated through AT&T. Apples warranty clearly states that if you modify your iPhone you void your iPhone... Unlocking voids your warranty, I am sorry to come across harsh but you rolled the dice unlocking your iPhone and you just rolled a seven, sorry...

I did revirginize it with 1.1.4.

Puppy, I'm fully aware that I rolled the dice by unlocking. The ONLY way I was going to have an iPhone was to unlock one since this country will probably never see an iPhone. But unlocking didn't harm the hardware since it's worked fine for 4 months, it's a faulty component or manufacturing process which has crippled my iPhone and I think it should be replaced.
If it is not replaced, fine, I'll attempt to replace the speaker myself and wait for iPhone 2.0

So the operating system cannot be considered a product - by lawyers?

Sure. But not in this case. The [hardware warranty|http://www.apple.com/legal/warranty/iphone.pdf] explicitly denies any software coverage.

+"This Limited Warranty *applies only to hardware* products manufactured by or for Apple that can be identified by the “Apple” trademark, trade name, or logo affixed to them. The Limited Warranty *does not apply to* any non-Apple hardware products or *any software*, even if packaged or sold with Apple hardware."+

Can't get any clearer than that, and it's why the rest of the document only concerns hardware.

Generally firmware, while it can be reprogrammed, is considered part of the hardware it controls. That is what firmware means. It is neither hardware nor software by the old definitions.

It could also be argued the SIM card is hardware, and modifying it to for use with other hardware could include modifying for use with a different SIM card.