As consumers, many of us need to disabuse ourselves of the notion that a warranty offers us any assurances as to what our rights are. Indeed, most "express" warranties seek to limit a manufacturer's liability, but under tort law, a consumer may still seek to redress any grievance. I will come to this latter point in a moment, but first, consider the following:
"Popular belief to the contrary, warranties are not designed to protect the customer; rather, they serve to limit the manufacturer's or dealer's liability. Particularly is this true of 'express' warranties (warranties that are express or specific in their coverages)... No such warranty is any kind of guarantee of customer satisfaction. Without an express warranty, there may exist what courts have held to be an 'implied' warranty, much broader in its coverage. Thus, it is very much to the interest of automobile -and other- manufacturers to spell out just what they will allow themselves to be held accountable for. That is why a warranty will almost always include a statement to the effect that it stands in place of any other guarantee of any kind, 'stated or implied.' "
Now, as for this implied warranty, even if you have "agreed" to a warranty because you have used a product (which are essentially the terms of Apple's hardware warranty for the iPhone 4s) you may still have other protections under law (depending on the state).
For example: "the implied warranty of merchantability amounts to an assurance, imposed upon the seller by law and not arising out of any agreement between the parties, that a product is fit for ordinary purposes for which such goods are intended. It is based upon the policy of incorporating into every sale of goods a quid pro quo; a product of fair quality in exchange for a fair price paid.”
...the implied warranty of merchantability is not breached unless the product is inadequate or unsafe when used for an “ordinary purpose.” Generally, this means an intended or reasonably foreseeable use of the product. The plaintiff must prove that he made proper use of the product, that he exercised due care for his own safety, that he was not aware of the defect and that he did not mishandle the product. ...Hence, unless the good is defective in some way, it is fit for its ordinary purposes."
Therefore, this idea that a warranty is the Bible on what our rights are as consumers is complete hokum. It would obviously be the maximum benefit to most people experiencing this issue, if Apple were to recognize the issue and understand that it is a matter that potentially lies outside the express warranty -though to put this to test might require the will (of some or many) to put the matter to litigation. So let's stop being so condscending to people who are whinning about a broken product that isn't covered under a manufacturer's warranty, for that is precisely the reason why we should all be outraged. Why should we be happy that a "high end" product, such as the iPhone 4s, has failed to meet our expectations when used for its intended purpose, all after we had "UPGRADED" to a version of software that was expressly stated as being compatible with the line of iOS products for which it has been made available?
