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2019-04-15 02:10 PM
Yesterday I went to an Optus store about my iPhone not booting and they said I should go to apple and if they can't fix it they might replace it, so I went to the apple store and I had it replaced, my iPhone is a loan phone and I'm wondering if I have to do anything as I have to give it back at the end of the year
2019-04-15 02:38 PM - edited 2019-04-15 02:39 PM
You don't need to do anything. Leased equipment can technically only be repaired/replaced by Optus or the manufacturer. So if you have the same model phone and Apple gave it to you then you're fine.
2019-04-15 03:32 PM
Except serial and IMEI will be different so you should have been provided documentation form Apple in regards to the swap.
One of the conditions of "Good Working Order" is:
- Is the phone you leased from us under the mobile equipment lease plan.
Then goes on to say:
Additionally, you'll need to provide all documentation reasonably requested by us to help make sure the phone you're returning is the same phone we leased to you.
2019-04-15 03:45 PM - edited 2019-04-15 03:50 PM
Good point @Paddylee
Yes the terms are (surprise) a bit vague on the particulars of replacing a phone (even though Optus have obviously tried really hard here to spell it out in simple English). Essentially though the clauses are incompatible (how can you return the same phone you had to have replaced?). IMO the "Good Working Condition" document is ultimately meant to be a helpful guide and not a set limit to the terms and conditions.
The terms and conditions state: "If the phone gets damaged during your lease and you'd like to have it fixed, you need to pay to have it repaired by Optus or the manufacturer (excludes warranty/consumer guarantee claims)."
Although not specifically spelt out, "fixing" can entail the entire unit be replaced (as a consumer right it would be illegal for Optus to limit its other contractual offerings based on a customer asserting their consumer rights). As long as either Optus or Apple replaced the phone and its the same model then I don't forsee any issues. I would keep the paperwork for the swap over though from Apple.
Regardless though there's still nothing to be done at this stage by @4Benj . When the time comes take the phone in and have the discussion, I don't think you'll have any problems
PS Interestingly enough Optus do state if the phone is lost or stolen then you do not have the option of replacing the phone with a new one. You will need to simply pay any penalties that apply as deemed by Optus when the 24 months is up. Yet another reason why leasing is pretty fraught.
2019-04-22 12:36 PM
We are in a similar situation but our damaged iphone 8S will be replaced by our insurance company's chosen supplier (probably somewhere like JB Hifi based on past experience). The way I see it, we have only three options on this lease plan. 1. Pay out the lease now ~$1100 as it's less than 12 months into the lease, then Optus don't care what we do with the phone or whether we get a new one. We can move to a cheaper plan, saving probably $30/m for the next year including no lease payments, so net around $840 out of pocket. 2. Get a new phone from the insurance company now without saying anything to Optus, and when it comes to the end of the lease period, buy the (no longer existing) phone for whatever they consider fair market value at that point. 3 Get a new phone, then at the end of the lease pay their $500 'damage fee' for not having the original phone, but don't have a phone to show for it. So IF fair market value is less than $840 at the end of the contract then we would be better off getting a new phone now and paying 'fair market value' at the end of the contract, I think. Even though the contract is a rip-off at $80/month the overall spend is better over the next year. Any ideas what they are likely to call fair market value? Is it reasonable to gamble that it will be less than $840??
Also have I missed any options available to us?