Good news, the Apple iPhone is not exempt from warranty rules

by Rosalyn Page  |  Thursday 6 May 2010
Good news, the Apple iPhone is not exempt from warranty rules

The ACCC tells us that mobile phone retailers cannot escape an obligation to deal with a consumer's faulty handset - including iPhones - when provided as part of a 24-month contract

Last week we reported on the latest announcement from the Australian Competition and Consumer Commission (ACCC) regarding mobile phone warranties.

Mobile phones that are bought as part of a contract with a provider such as Vodafone, Telstra or Optus, are entitled to warranty protection for the life of the contract. So, for example, if the contract lasts for 24 months, then the customer is entitled to have any faults repaired for free for the life of the contract.

An exeption for the Apple iPhone?
However, we noted an exception with the Apple iPhone where the ACCC said that the warranty is limited to 12 months. We looked into the matter for readers who got in touch to query this point and can clarify that this relates to the manufacturer's warranty, which is in addition to the statutory warranty provisions. Note that a manufacturer's warranty does not limit or extinguish the statutory warranty.

Simply put, mobile phone retailers must abide by consumers' statutory rights, which often extend beyond the manufacturers' warranty. The message from the ACCC is that mobile phone retailers cannot escape an obligation to deal with a consumer's faulty handset when provided as part of a 24-month contract.

The good news is that providers have an obligation to repair a faulty Apple iPhone after the expiration of Apple's 12 month manufacturer's warranty in line with a consumer's statutory rights, where it is part of a service contract with a mobile phone provider.

Have you been the victim of poor service, or has a technology company given you the runaround? Add your comment below or email us.

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Comments: 12
Slatts
6 May 2010
 Oh, well that's OK then.
And the statutory warranty is with the plan provider?
The people you bought the phone from?

So you don't have to deal with the apple warranty system?

It just keeps getting better.



Comment made about the PC Authority article:
Good news, the Apple iPhone is not exempt from warranty rules?
The ACCC tells us that mobile phone retailers cannot escape an obligation to deal with a consumer's faulty handset - including iPhones - when provided as part of a 24-month contract

What do you think? Join the discussion.
petergaskin
6 May 2010
 Is it really such good news? guess who you will be dealing with - the various agents that sell the packages. That means you may well be trying to enforce your warrantee over the phone with someone in India, or you may be visiting one of those small stalls in your local shopping centre. bets of luck convincing them about your legal rights.
solo
7 May 2010
 I rang Optus today and they said .... you have to pay $250 ... I advised I already had just paid $250 to Apple to replace my faulty ( 14 month old ) iPhone.

What I want to know is ... I have all the paper work from Apple... What do I do now ?

How can I get Allphones to re-imburse me. I only had top replace my phone in late march. 2010??
petergaskin
7 May 2010
 Threaten to go to the TIO. If that doesnt work, advise them of the law and then threaten to go to the accc.
Slatts
7 May 2010
 If you're in QLD, start here.

Other states and territories have their equivalent.

Keep records of who you spoke to and when and a rough draft of the conversation if possible.
dakeeper
12 May 2010
 After reading this article I contacted optus and was told I would have to pay $343 to have an out of apple warranty but in contract iphone repaired. It would appear that this article is pointless.
Slatts
12 May 2010
dakeeper wrote:
After reading this article I contacted optus and was told I would have to pay $343 to have an out of apple warranty but in contract iphone repaired. It would appear that this article is pointless.


Only if you accept Optus's assertion.
Contact your state consumer protection body.
dakeeper
13 May 2010
 the ACCC appears to deal with mobile phone complaints and has made a point of championing this particular issue so I assume complaining to them should be the first stop. NSW state bodies for consumers are useless in my personal experience.
petergaskin
13 May 2010
 After successfully dfealing with Soul - ugh!, I suggest that just going up the line and making it known that you know what the law is, shoudl convince optus to change their story. basically, phone help comes in certain stages - the first level jsut read out prepared company policy. You must find a way to get over thsi level and then advise this additional level that you the law.
ronald220385
27 January 2012
 Hi there,

I bought an iPhone 4 32GB in December,2010 on a 24month contract. I was given a bill which didn't say anything about the warranty period of my handset. The guy who sold it to me told me its 24month warranty. Now, I'm having some problems with my iPhone. I went to Vodafone store yesterday, 22/1/2012, & got shocked when the guy in store told me that Vodafone couldn't fix my problems free of charge as its warranty expired. I called the call center & the employee told me 5 times that I've 24 months warranty with my phone. I passed the phone to the Store employee & he was stubborn with his 12 months thing & interestingly the Call center employee turned back from his 24 months statement to 12 months after 45 minutes of conversation though at the start he asked me for each & every details.

More on top of this, the floor manager asked me about the written proof of the conversation I'd with one of the Call center guys on 13th of January,2012. How can I've a written proof of this? He was asking me about the written proof of 24 months warranty of my iPhone for which Vodafone didn't provide me anything...its not even mentioned anywhere on the bill that Vodafone provided me. So, how can I know about it if the Vodafone Employees don't about their details?????

Now, Vodafone is asking me a price to fix the problems of my iPhone which actually doesn't relate to me as I've been told that my phone is having 24 months warranty.
You're relying on the customer care for your support of your electronics you buy..& if they'll tell you wrong info ...whom will you rely on????????????

I was talking to them for 2hrs & 15min. on phone & no result at all.

Vodafone is making fun of its customer. It made me a fool yesterday in the Vodafone Store & made me wrong eventhough they provided me with the wrong information. Its their employees & they're blaming me.

What I'll do now as after paying $70/m & not getting my problems fixed? They're asking me to pay to get my iPhone repaired which I'm not at all agreed upon as Vodafone told me about 24 months warranty.

Can please some one help me what now I can do and what ACCC or other authorities can help me?

Thanks
amcmo
27 January 2012
 The whole mobile phone market is a cesspool of companies doing their damndest to dodge warranty responsibility.

But then you do have the idiots who drop the phone down the stairs, leave it on the dashboard for hours on a 35 degree day or run it through the washing machine, all trying to con their way into a free phone instead of just sucking it up and admitting to a stuff up.
petergaskin
27 January 2012
 The warrantee laws are enacted by the ACCC. It si federal legislation and you will have to contact a federal board. The TIO might help, but I doubt they can force Vodafone to fix your iphone. Best of luck.
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