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SA iPhone Damaged at Repair Shop - What to Do?

Discussion in 'Other/General Law Forum' started by AdelaidePsycho, 9 August 2016.

  1. AdelaidePsycho

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    Yesterday I took my iPhone 6 into a repair shop to fix a cracked screen. About 30 minutes after getting my phone back, I noticed the screen was flicking black randomly. Also, I discovered my earpiece was not working (i.e., I could not hear people when I made calls, except through speaker phone).

    I returned to the shop today, and they are currently attempting to fix the new issues, but have said that if they cannot fix it they'll refund me for the screen repair ($195) and I should claim the phone on an insurance policy.

    I have many problems with this so-called 'solution'. Firstly, I do not have an existing insurance policy and my phone is not under warranty (this was why I chose a third-party repair shop). Secondly, even if I did have an insurance policy, what they would be asking me to do is make a fraudulent claim by saying that I broke the phone when they actually did during the screen repair.

    Now, hopefully when I return tomorrow they will have fixed the issues. However, if they are not able to fix it, do I have any kind of Australian consumer law rights that makes them liable for returning the phone to its previous working state? Some kind of Ombudsman? If I accept the refund, then I am still out of pocket whatever the costs are to get the phone repaired elsewhere for the damage they caused.
     
  2. Victoria S

    Victoria S Well-Known Member

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    Hi AdelaidePsycho,

    Under the Australian law services such as repair services must
    • be provided with acceptable care and skill or technical knowledge and taking all necessary steps to avoid loss and damage
    • be fit for the purpose or give the results that you and the business had agreed to
    • be delivered within a reasonable time when there is no agreed end date.

    If the services do not meet one of these consumer guarantees, you can seek a remedy such as compensation from the service provider.

    If they refuse to compensate you for your loss, then I would write a letter of demand setting out your consumer rights under the Australian Consumer Law and how you feel those rights have been breached and demanding that they pay for any damage that they have caused. If they still don't respond, contact your state Consumer Affairs or Dept of Fair Trading.
     

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