iphone 5

[ians]

Had a very interesting experience today, I purchased an iphone 5 on Saturday last week took a while to get use to it. I was battling with the touch screen so I went and got a pen looking goodie to make it easier to type.

After a couple of days I got the hang of it, but found the top right hand side of the touch screen would not always work, I would have to got back and back to try get the on/off switch to function etc, so I took it back to Telkom today, because I got it on the iphone5 mix contract.

I was told I had to go get the contract and the packaging, etc, which I did, they checked the phone acknowledged there was a problem and told me they would replace the iphone 5, an hour and a half later sitting patiently waiting for them to "register the new phone" or so I was told, they came out and told me that apple do not fall with the CPA in this country and that the "OBW" out of the box warranty did not apply to apple products. they would have to send the phone for repairs. So I contacted my lawyer who told me it is rubbish the CPA applies to all product but he would confirm on Monday.

So I told them I wanted to cancel the contract which I am entitled to do within 7 days if I am not happy, which they indicated was not a problem and I could get another contract with any other phone on offer.

SO I cancelled the contract and will get a new contract with a Z10 instead which I am advised by Telkom, does fall within the "OBW" (out of the box warranty) in fact every single other phone does just not apple.

So the next time you want to purchase an apple product from Telkom you better make sure you understand that apple doesn't fall within "OBW" or the CPA in South Africa

The issue I now have is that I have downloaded apps which cost me money, purchased a cover which cost a couple hundred bucks, lost all my contacts again because we had to format the phone because it had credit card details etc which were use to purchase apps. What a waste of time and money.

I have contacted Wendy Knowler with regards to this issue, and will be interested to hear what her response is going to be.

[HR Solutions]

Anything you have downloaded on Apple including your contacts etc etc is on your apple id. Therefore when you get your new iphone 5, you log on with your id and retrieve everything.

[ians]

There is no new iphone 5 they are refusing to replace it...they told me that apple product do not fall into the "OBW" out of the box warranty and therefore I could not replace the phone I have to send it in for repairs, even though I have only had it for 6 days. I cancelled the contract with Telkom and handed in the phone.

Only apple products are not covered by OBW because they say that apple products are guaranteed to work 100% out the box, but apple are prepared to repair the phone.

[ians]

I found this on the apple website,

Apple Products and Statutory Warranty

For consumers, who are covered by consumer protection laws or regulations in their country of purchase or, if different, their country of residence, the benefits conferred by Apple's One Year Limited Warranty are in addition to all rights and remedies conveyed by such consumer protection laws and regulations, including but not limited to these additional rights. For information on consumer law in specific countries, please see the Additional Legal Rights pages

[ians]

I decided to contact other apple distributors in SA and was advised that there is a 7 day swop out for OBF (it called out of box failure not OBW) fro all apple products. They informed me that it is Telkom are the ones making their own rules, it not apple.

I was informed that even in the USA there is a 7 day swop out for out of box failure.

Let the games begin.

[ians]

I would like to thank Telkom for my brand new iphone 5 and accept the apology from management...I would also like to thank the person (staff member) who helped me and went out of his way like he always does to assist...which is what keeps me going back.

[adrianh]

Samsung SA made it clear today that they would replace the S4 twice in 2 years for free if the screen fails or if the phone is "water damaged"


Samsung RULEZ

[sterne.law@gmail.com]

In any circumstance, your contract is with Telkom and not Apple.
Where a product carries a guarantee, that guarantee is in addition to the automatic 6 months afforded by the CPA.
Customer is entitled to the repair, replace or refund at any stage within the first 6 months where the product is faulty.

[ians]

Now the fun really begins, I took the brand new iphone 5 out the box, installed the sim card, setup the phone and found it has exactly the same problem.

For example, when you go to Nike + ipod touch it another screen pops up and in the top right corner there is an on - off slide/switch which slide left to right, sometimes it will switch if you slide your finger across it, but no every time and if you change your mind and switch it back, it could take as many 10 or 20 swipes to get it to move back. I don't know if this is a bad batch of iphone that are being distributed or if this is an iphone 5 problem. The same applies to any setting which requires adjustment in the top right hand corner of the phone. If you slide or tap any one of the same on/off switches anywhere else on the touch screen they respond 1st time left and right.

I have sent apple.com an email to see what their response is going to be.

I will be going to apple in gateway today and see if I cant get an apple stylus, and try it, maybe the screen is just too sensitive for my fingers or the stylus I have been experimenting with. I will also try find other iphone 5 today and see if they react in the same manner, maybe it is just a faulty batch.

[ians]

In any circumstance, your contract is with Telkom and not Apple.
Where a product carries a guarantee, that guarantee is in addition to the automatic 6 months afforded by the CPA.
Customer is entitled to the repair, replace or refund at any stage within the first 6 months where the product is faulty.

You need to inform telkom about this, because Telkom management felt they were doing me a huge favour yesterday replacing the phone even though it was within 7 days and the out the box failure applies worldwide. They insist that this rule doesn't apply to apple products they are importing. I tried to contact apple South Africa, unfortunately there is no Apple South Africa, so you are pretty screwed buying Apple products in south Africa, especially when you end up with a faulty product out the box.

Just something else Telkom management indicated to me yesterday, if the brand new phone I took out the box yesterday is faulty I must return it by today other wise my 7 days out the box failure would have expired because I signed the contract a 7 days ago today, regardless of the fact that they replaced the phone yesterday and it seems the Apple product has a defect.

[Dave A]

I will also try find other iphone 5 today and see if they react in the same manner, maybe it is just a faulty batch.

Good luck getting an admission that it's a faulty batch - then it's mandatory recall time.

Thinking about it, perhaps the reason why they changed their tune from replace to repair is because Telkom is already aware they've got a bad batch problem.

[ians]

It is going to be an interesting day today.

[adrianh]

Well, now we know where Apple is heading....fast...to the great big worm farm...

[ians]

What I need to find out today, is this a software issue or a hardware issue.

What I need to do today is check another phone with the same software purchased from a different location at a different time and see if it responds in the same manner or if is the batch of iphones being distributed from Telkom.

I just wish Wendy Knowler had responded to my email, at least I would have some backup with regards to my consumer right, maybe she is just tooo busy.

[Blurock]

The Apple phone is mass produced in China, what do you expect? US quality?