EU Warranty query

Question

Level 1

8 points

EU Warranty query

Hi,

I recently visited a local Apple store with my between 1 and 2 year old iPhone 4 purchased through O2 in the UK. The Home key had always been tempramental but had given up the ghost. I ended up being told that despite the obvious fault and with no sign of abuse - the phone was pristine and have always has a cover so not a scratch. I was spun a line along the lines of - since I had not reported the issue within 1 year I was not eligable for any replacement under EU warranty. - i have read the link on the apple website http://www.apple.com/uk/legal/statutory-warranty/ and it does suggest I should have been able to get this sorted under warranty even though it was over 12 months since purchase. Is this right? ? Should I have been able to get O2 to replace it under this regulation? I'd appreciate anyone else's experience.

iPhone 4

Posted on Feb 14, 2013 2:51 PM

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Answer 1

varjak paw

Level 10

182,686 points

Feb 14, 2013 2:57 PM in response to JymBobGB

The EU regulations specify two year warranty coverage only for "Defects present when customer takes delivery". The challenge any user has is to establish that the defect was indeed present at time of delivery, and if you never filed any sort of case with Apple or O2, that will be difficult. This is going to have to be something you will have to discuss with O2, and my guess is that they're going to refuse unless you have some sort of documentation that the problem existed right from the start.

Regards.

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Answer 2

JymBobGB Author

Level 1

8 points

Feb 14, 2013 3:04 PM in response to varjak paw

Nice one and very helpful reply. So in fact they were kind of right. I believe that it was always problematic. It was my business partner's on a business contract with O2. I guess taking the 120 GBP hit to get a replacement wasnt too bad. It certainly clarifies the point, thanks again.

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Answer 3

seventy one

Level 7

27,466 points

Feb 14, 2013 3:58 PM in response to JymBobGB

Hello JymBobGB,

The key to this is that you acknowledge that the home key was temperamental, but it seems the fault was not formally reported until after the 12 month period had expired.

As far as I know, under the Sale of Goods act, the responsibility for merchandise being fit for purpose lies with the seller. Warranties are merely support. Having said that, your delay in making an issue of it will not help you.

Sorry to appear so negative but you must pursue faults of this nature when they appear.

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