My rights - Repair company damaged Ipad

[Thebritishguy]

Hi

I booked online and pre-paid for a well respected "come to your home and fix on site" company to replace the battery in my iPad Air 2, the iPad was fully functioning apart from the battery only lasting 2 hours rather than the original 8-10 hours

To cut a long story short, during the troubled repair process (they had to take it away and been nearly a week now) they have damaged it to the extent where they want to try one more thing and then they will have to replace it.

My question is what are my rights in terms of the replacement, the iPad Air 2 is no longer available new so what in the eyes of the law should i receive? A refurb? If so should they offer a warranty for that product - i am concerned I will be provided a refurb device with an unknown history that could break a month after i get it. Or should i be pushing for the current new equivalent iPad?

Any advice gratefully received

Cheers

[sidekickdmr]

By all means push for a new one, no harm in trying

but yes, a referb iPad 2 could break in a week, As could have the one you just sent off.

A referb one seems a good offer to me

[Thebritishguy]

Thanks, your point is correct that mine could have broken next week too, but my concern is I knew the history of my iPad e.g I have never dropped it down the bog, a refurb could have any history, are they obliged to warrant the refurb, if so for how long?

[bladebloke]

The answer is that it will depend largely on what their terms and conditions say about all is, and also what the cause of the troubles with the repair were.

It is a contract for services so under the Consumer Rights Act the repairer has to perform the services with reasonable care and skill. This duty is about the standard to which the services were delivered, not the outcome of them.

If the problems with the device have resulted from a failure by the repairer to do that then you should theoretically have comeback under statute for breach of that implied term. If, however, the have exercised reasonable care and skill and the issues are not their fault (e.g. the device had damage before they started that made the replacement of the battery impossible/unrealistic) then it might be that they have done nothing wrong and if so, you have no rights under the legislation.

Read their terms to see what they say about a situation where the intended repair can't be completed successfully. But in general, if it was me I'd be pretty happy to take the refurbed device in the circumstances. As somebody else has pointed out, you'd have little/no comeback to anybody if your original one had gone wrong at this point so won't be any worse off on the face of it. Perhaps a useful analogy would be as follows: If you'd written of a 3 year old car, I'm sure you'd accept that your insurer wouldn't be liable to replace it with a new one just because you wouldn't know if a 3 year old one that you'd buy had ever been thrashed.

[voyds9]

Thebritishguy said:

Thanks, your point is correct that mine could have broken next week too, but my concern is I knew the history of my iPad e.g I have never dropped it down the bog, a refurb could have any history, are they obliged to warrant the refurb, if so for how long?

https://www.apple.com/uk/shop/browse/home/specialdeals/ipad/ipad_air_2

See if they will provide a refurb from Apple

[shep1001]

sidekickdmr said:

By all means push for a new one, no harm in trying

but yes, a referb iPad 2 could break in a week, As could have the one you just sent off.

A referb one seems a good offer to me

I had the batteries done on my ipads via Apple. I didn't get my ipads back, they replaced them. That is why they insist you back them up before sending them in for work. If it has a decent warrenty I would be fine with it.