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2019-05-13 11:20 AM - last edited on 2019-05-13 04:01 PM by Ray_YC
Last week received an iPhone 8 from Optus for a Mothers Day present.
Delivery etc perfect, the recipient very happy but upon turning it on noticed the screen was faulty (pixelation?). First deflation? She decided to take it to Apple shop yesterday - by running a diagnostic they confirmed it was faulty! But because it was bought from Optus they could give a remanufactured device under warranty - another big deflation! A brand new phone to be replaced by a "remanufactured one!
Optus BC support - say "unfortunately we are unable to assist with this, as the warranty is looked after by them".. I thought the onus was on the seller to replace the goods found to be damaged.
Anyone with any thoughts on this?
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2019-05-13 11:56 AM
Apple is acting under its waranty process (which might allow it to substitute a refurbished phone). But the Optus representative definitely advised you wrongly and Optus are required to offer you (your choice) a refund, replacement or repair. ).
Obviously you still have a waranty and in most cases that is the easiest thing to use. However waranties are voluntary documents and so Apple might say they can replace a new phone with a refurbished one for example.
However if you read further down that link above you've get to consumer waranties with are mandated by law and can not be bypassed even if its in the contract. You never said what the issue was with the phone? It sounds like a 'major failure' in which case you have the right to decide the remedy. In this case Optus should have supplied a replacement new phone. Its up to Optus to sort the issue with Apple if they want.
Unfortunately having taken the steps you have it starts getting messy and Optus don't need to replace your refurbished phone etc. Hopefully its in pristene condition and so the refurb part is largely just an irritation rather than anything specific.
As a side note I hope the phone isn't on a leased plan? Optus in theory won't accept a different phone from the one you first got on a lease.
2019-05-13 12:04 PM
The phone still in plastic wrap - just switched on and the screen came up pixelated as a lay person to me it was broken! Which was confirmed by Apple after running the diagnostic report!
The phone was an outright purchase therfore its Optus to refund/replace or loose a business client.
2019-05-13 01:03 PM
Ah, so you haven't completed the transaction yet? Ok then I would just request you pop into a store and ask Optus to replace it with a new one. You probably have a damage report from Apple which should be handy? Most companies will just swap over malfunctioning equipment in the first few weeks no questions asked. Hopefully the next Optus rep is much more accomodating (it generally shouldn't be a big issue)
Let us know how you go
2019-05-13 01:16 PM
Optus store went to on Sunday (Mothers Day) when the damage was noticed said because they are a franchise I need to take it to where I got it from!
It was bought on my business tech fund from BC support whose email said:
"Unfortunately we are unable to assist with this, as the warranty is looked after by them. If you feel that this has breached consumer law as you have advised below, you would need to discuss this with Apple.
I do apologise we are unable to assist further."
Do you think I should take it to other Optus store's and hopefully one of them does the right thing?
2019-05-13 01:30 PM - edited 2019-05-13 01:31 PM
It really shouldn't be this hard, however there seem to be a lot of different parts involved.
FWIW many (several?) Optus stores are just franchises and so aren't setup to swap over your phone. I don't know why this would be. You would imagine at the very least they would facilitate assessing and returning the phone to Optus and presumably getting an authorisation to provide a replacement phone. So while you can try another store you may or may not get a helpful person.
So the best option is probably dealing with Optus directly (which you appear to have tried). I'm at a complete loss as to their response. Optus is breaching consumer law by trying to pass you on to the manufacturer. As that link I provided says:
The retailer who sold you the product or service cannot refuse to help you by sending you to the manufacturer or importer.
A broken screen is definitely a major fault and your choice of a full refund or replacement is up to you.
Note however you must be clear in which remedy you are actioning. Warranties are basically extra service options added by the seller or manufacturer and you are bound by what they say. However consumer law covers both (with your best option with Optus direct and you need to contact them direct and hopefully get sorted).
I'll flag a mod who might be able to better advise you of @Ray_YC how best to proceed.
2019-05-13 02:03 PM
I just received the following message from the Support Services Executive to my request to return the faulty phone for a full refund:
"Unfortunately we are unable to assist here as this falls into Apple warranty. Please refer to Apple directly".
Does it really when a dud product is sold? Breach of law I'd say
2019-05-13 02:33 PM - edited 2019-05-13 02:34 PM
It is astonishing that a business case manager does not seem to be aware of his consoimer law responsibilities.
I can only suggest you refer them to them.
Highlight the fact The retailer who sold you the product or service cannot refuse to help you by sending you to the manufacturer or importer.
Tell them that this is not a waranty issue but a consumer guarantee and as the seller they need to remedy the situation. (And as it is a major fault it is not up to them the nature of the remedy)
Unfortunately the down side of consumer law is when the retailer just says NO. There are steps you can take but it might take a bit more effort to step through them. Most people give up or just go the warranty route as asked etc. First up would be a formal written complaint to Optus where you should get a better response.
But I'm still thinking you are just not getting through to the right person. Ask to speak to a superviser? Make it clear it is not a warranty issue but a consumer guarantee one.
So as it stands, yes what you are being told is a breach of law. But one I hope you can get a sudden an unexpected resolution to once someone realises Optus owes you either a refund or a new phone.
Hopefully @Ray_YC can provide some internal direction if he pops in.
2019-05-13 03:17 PM
Thank you Peter for helping out Jag with this one.
The responses you've received from the Business team are... interesting.
A combination of Business account + Apple Product sounds trickier than it should be but I'm confident this can be sorted out.
Please send me a PM with the details (your full name, date of birth, mobile number, details of the purchase etc.) and we'll proceed from there.
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2019-05-13 03:24 PM
Thanks Ray. Possibly the Business Team is just trying to find the quickest possible solution for @j4g59 and there's some underlying miscommunication. I'm sure Optus are fine swapping over a phone for a new one if it arrives busted, but as you say possibly some different hoops to jump through when Apple and Business is involved.