A couple of people have asked me for these and so rather than have people PM me, I thought I would just put them on the open web for people to use and abuse at their leisure. I hope I am not flouting any rules of the site by doing this, and if so, I apologise...
I wrote these letters for my brother who's iPhone was in a very sorry state and even though it was under warranty, because the back had cracked, some water had got in and discoloured one of the water sensors, which gave Apple grounds to void the warranty. However, after sending these letter off to O2 and Apple, they replaced his 3G with a new 3GS as they didn't make the 16GB 3G anymore.
Hopefully these letters will help people who's goods have failed and are out of warranty :)
To whom it may concern,
I purchased my Apple iPhone on *insert date*, meaning it is still well within warranty. I have been very pleased with the phone, but I have had some issues with the build quality:
• Cracked case
• Buttons falling off
• Any others
Since the phone is still within warranty and is consequently under a year old, I would have expected it to age much better than it has done. I also have a Nokia 5310 that I use more regularly, which is older and is in far better condition than my iPhone. Given my iPhone is still within warranty, I brought it into your store (where I bought it from) for repairs, only to be told that because one of the water sensors had changed colour, the warranty was now void due to water damage.
Now, this seems to me to be a catch all get out clause that will void most iPhone warranties. Given that most, if not all people will keep their phones in their pockets at some point or other, then isn’t it fairly obvious that it will be exposed to sweat every now and again? This something that my 5310 handles with aplomb, but evidently, my iPhone (with its cracked case), cannot. You may well say that it could have been dropped in some water, but then surely both sensors would have changed colour (due to the cracked case) and not just one? Only a complete idiot would dunk half of their phone, especially one with a cracked case...
Anyway, all this talk of warranties is rendered null and void when you take into consideration UK Law. According to the legal advice I have received, the warranty means nothing at this particular point as I have a legally binding contract for six years with under the Sale of Goods Act 1979. In section 14 (2B), this act stipulates that “the quality of goods includes their state and condition and the following (among others) are in appropriate cases aspects of the quality of goods:
(a) fitness for all the purposes for which goods of the kind in question are commonly supplied,
(b) appearance and finish,
(c) freedom from minor defects,
(d) safety, and
As a general rule, people expect their phones to last at least 18 months without falling apart (given that contracts are now 18 months or more). Considering the price point of the iPhone and that my (significantly) cheaper 5310 is also in tip-top condition, I would expect (and so would a great many other people) the iPhone to remain in a good condition far in excess of 18 months. This therefore means that the goods supplied were not of sufficient durability and thus not fit for purpose. With this in mind, I fully expect to sanction full repair of my iPhone at no cost to myself under the legally binding contract created in accordance with the Sale of Goods Act 1979.
As I am due to go away on holiday on 5th July, I am keen to get this matter resolved as soon as possible as I would like a fully functioning iPhone to take with me (I cannot take my 5310 as that is my work phone). Therefore, I would appreciate it if you could reply to me in writing at the above address as a matter of urgency. I look forward to hearing from you.