By Brad Askew, 30th June 2010
A class action law suit is about to be
launched in America after 24 customers complained that by gripping
the new iPhone 4 in their palm, there was a significant loss of
reception.
This will come as bad news to Steve Jobs and
Apple who have just seen the most successful launch of a smart
phone in history with sales of 1.7 million iPhone 4s within three
days.
In the UK, customers have also been rushing to
stores to pick up the new phone either as first time converts or as
dedicated upgraders. Has Apple let us
down? It has a reputation for attention to
detail and Steve Jobs is famous for being a perfectionist, so it is
a shame to see their flagship product fail on what should be its
most basic function - making phone
calls.
Apple and the Law
The Sale Goods and Services 1979 provides that
goods sold must be of 'satisfactory quality'.
This means of a standard that a 'reasonable' person would
expect.
Is it reasonable for the iPhone to cut out mid
conversation when you are not in a remote Welsh valley but at
Piccadilly Circus? No way! If
this defect exists then you have statutory
remedies.
1.
Providing you complain to the seller within 6
months it's not for you to prove there is a defect but for the
seller to prove there isn't!
2.
You have an automatic right to reject the iPhone
if there is a defect. This includes even minor
defects. It is not OK for the seller to tell you
it is satisfactory 98% of the time...Any defect gives right to
rejection.
3.
Apart from having a right to reject, you can also
request a repair or replacement phone - whichever is least
inconvenient to you and most proportionate to the
seller.
If the seller does not comply with the above then
you can issue a claim in the County Court for a full refund plus
interest at 8%.
Regardless of whether the manufacturer or retailer is an
world-renowned tech giant or an independent shop on the street, we
do not have to stand for products that are not fit for purpose and
we are entitled to exercise our consumer rights to ensure we get a
fair deal every time.
How to
deal with faulty goods
Claims
Financial
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