That isn't quite right, in law the liability resides with the retailer for the hardware, but in your case you chose to download an update from a third party, Apple, which caused the problem.
I don't see how O2 could be held responsible for this, other than making a goodwill gesture, which the law doesn't require them to do.
If I buy a new pc and mess it up by installing the wrong kind of software, the manufacturer would not accept responsibility and nor should they.
Apple should put this right as they supplied the software that caused the problem.
Please let us know how you get on at the Apple store. |
Apple store were very helpful but admitted there is a problem with the firmware. And confirmed that Apple were working on it. O2 store also confirmed there was a problem and suggested that if Apple didn't fix it they would be looking at offering an alternative phone. I mentioned warranty and he said that as the phone was supplied as part of an 18 month contract they would repair or replace. Which was pointless here for another 3G phone, it is a 3G ny son tells me. Spoke to 02 support and although they initially waffled on about not in warranty when I read section 2.5 of the contract he concurred. Its clear in that section that 02 are responsible... not at fault, why would they be, but again, the phone was supplied by 02 and forms an integral part of the contract. Unlike a straight purchase of hardware only. It actually covers that in the contract as well. If you have a sim only contract for instance. But once a supplier makes the phone, free or not, a condition of taking the contract there are some basic rights that are given
Point here is that I haven't installed the wrong or illegal software software and the firmware is an integral part of the phone. Which was supplied as part of the contract. Its not a warranty issue. Like above its not 02s fault but is is there responsibility under that contract. Once the contract ends then all bets are off of course. Its only a "grey area" because mobile companies like it that way and most people do not read the contract or understand their rights
Anyway. There is no point in sending phone off for repair as suggested by 02...and we will wait to see when Apple issue there latest update to fix the problem. In the end O2 seemed OK with whatever we wanted to do and I did discuss an alternative phone if all else fails and this wasn't turned down but something for discussion later on. Which is fair enough and I will see what happens. So I'm not unhappy to a great degree and everyone in O2 has been positive if a little slowly and for Apple to admit they have a problem is remarkable. Phone is usable, just, so its not the end of the world.
But thanks again for everyones thoughts and advice... very helpful and much appreciated
Update: Citizens Advice Bureau website is clear and confirms that it is the supplier that is responsible during a contract to ensure, other than damage or misuse, to ensure that a phone is fit for purpose. So be polite but firm like I was and they will be co-operative
