iPhone 5 Loan Phone - Keep or Return?

[DinoF]

Have also posted this on MacRumors but wanted your thoughts as well!

My wife's iPhone 5 recently went into our local Apple Store for a free battery replacement and also a free power button replacement (this was part of Apple's free battery replacement program - the serial number of her phone showed that her phone was eligible for this). Her phone which went in was a 16gb slate grey iPhone 5.

As part of the repair process, she has now been given a 'loan phone' until her phone is repaired (in about 2 weeks time). The loan phone is almost an identical iPhone, however, it is a 16gb white/silver iPhone 5.

Looking through the 'iPhone Loan Agreement' which she has signed, it states that the loan phone, (quote from agreement)'.........at Apple's discretion may be new or refurbished'. Looking at the loan phone, I can confirm that it is indeed, 'new' or 'refurbished' but I reckon it is a brand new one as it looks immaculate.

The agreement, also goes on to say (again, I quote from the actual agreement), '.........in the event that you fail to return the Loan Phone to Apple by the Return Date (i) Apple will obtain full ownership rights in Customer Phone, and may use or dispose of the Customer Phone as Apple sees fit; and (ii) you will obtain full ownership rights in the Loan Phone and accept the Loan Phone provided to you as a full replacement of the Customer Phone.'

Now to me, that implies that if my wife decides to keep the white loaned iPhone 5 (she does indeed want to keep the white phone as she likes the look of this phone alot better than her slate grey one), she can do so if she understands that it will be a direct replacement of her grey slate one and Apple will be fine about this.

Has anyone had any experience in this? Can my wife keep the loaned white iPhone 5 as her own and Apple will keep her slate grey one - no questions asked?

[Anonymous · Accepted solution]

T&C are a mine field. 😞

I really would suggest you speak to Apple or to O2 as you could end up being charged ?

Also if the original iPhone was taken out through O2 the imei will be different to the one that O2 supplied which may cause issues later on.

[MI5]

Quite a strange set of T&C's there, but it does read to me the same as you are reading it.
I guess they would just refurbish your wife's old phone and put that back into the system, but probably best you check with Apple first.....

[DinoF]

...hmm - yea, I tried asking the Apple Chat guy but he wasn't really much help at all!! He couldn't tell me one way or another anmd just suggested that I call the branch instead (Bromley).

The only problem with trying to call the branch is that when you call, you are on hold for absolute ages,and if you can't get through, the only option is to then schedule a call back.

Looks like its my only option then....!!

BTW - there is nothing in the T & Cs which states that I would be liable to a charge if  I kept the loan phone - just that Apple take on the repaired phone as their own and I take the loan phone as my own (well - my wife's!).

As for the IMEI number issue - not sure that this would indeed be an issue anyway. The slate grey phone was mine (when the iPhone 5 was first released). Bought via O2 and had it on contract for 2 years but then passed it to my wife, who uses it with O2 Pay & Go, when I upgraded to the iPhone 6 this year.

[Anonymous]

If you have no insurance that the imei is logged with ie O2 or bank account then that sounds ok.

It is of course up to you how you handle this and I personally would not recommend any course of action that may cause you issues.

I would if this was me persevere with Apple store contact to see what they would do if you did what your thinking of doing.

Did they take your credit / debit card details ref a loan phone ?

[MI5]

Sounds good to me - Subject to Apple's approval of course

[DinoF]

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@Anonymous wrote:
If you have no insurance that the imei is logged with ie O2 or bank account then that sounds ok.

It is of course up to you how you handle this and I personally would not recommend any course of action that may cause you issues.

I would if this was me persevere with Apple store contact to see what they would do if you did what your thinking of doing.

Did they take your credit / debit card details ref a loan phone ?

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......no - no details taken - just the signed agreement!

I guess I'll try and call the branch to see what they say.

[Anonymous]

Ok.

Would you let us know what the outcome is please.

[Anonymous]

I see your getting some varied answers from MacRumors. 😃

[DinoF]

.....yea - thats the thing with MacRumors, the responses are SO varied, you never quite get a definitive answer to anything, one way or another!!

Ok, so here is an update!

Just called the Apple Store Bromley and at first, the Tech dude, didn't actually know the answer - he had to then check with his Supervisor, however, when he came back on the phone, he 100% confirmed that the scenario, is exactly how it sounds in the T & Cs - if we keep the loaner phone, Apple keep the repaired phone, no questions asked, no charges, no nothing....

Looks like my wife is now the proud owner of a white/silver 16gb iPhone 5