Faulty iPad, Optus Want Me to Recontract for Another 24 Months for Replacement

Hi All,

First of all sorry for the wall of text or if anything is left out because I'm so annoyed.

I need to pick the collective brain of Ozbargain.

Last year I decided to go ahead with this deal: https://www.ozbargain.com.au/node/356773 So I've only had the iPad for just on one year.

A few months ago the iPad started to having issues with the touch screen not responding 100% of the time. At first it was generally only happening when on charge, but it progressively got worse and started happening regardless if it was on charge or not (much worse on charge though, basically unusable).

Having Googled the issue it seems it's pretty common, and not surprisingly Apple have no fix for it. I tried all the suggested fixes online, nothing worked. I went into the Optus store and they suggested bringing it in so they can have it fixed. I placed everything back into the original packaging and went back into the store, the staff member there gave me back the charger as he said I probably wouldn't get it back so to hold onto it. He went over the iPad and confirmed it was in good condition and the original packaging is included (this is on the paperwork and is important).

A week or so later I went to pick up my iPad, the staff member came back with a tiny box which I found interesting because the original packaging is a lot bigger. I asked him what happened to it, he said he wasn't sure but would chase it up and let me know. I went over the paperwork and noticed that everything they did to the iPad was exactly the same as the suggested fixes online, so I didn't have a lot of hope the issue would be fixed. When I got home it was confirmed the iPad still suffered from the same issues.

The store emailed me to advise the original package was lost and I wouldn't be getting it back. I decided to escalate the issue to their complaints department. They have advised me they cannot replace the iPad, but I could "trade up" to the new iPad Pro, they would waive the trade up fee and discount the plan so it almost matches the original plan ($81 per month instead), however it would be a new 24 month contract. This part didn't seem fair to me, but I decided to accept as I just want a fully functioning iPad.

Back to the store I went with my iPad and I told the guy I was there to trade up, he looked at me like an idiot so I had to show him the correspondence with the complaints department. He was not at all happy with the solution, but had a look over my iPad and found a very small dent on the corner of the iPad and advised he cannot accept a trade up due to this damage. So I've had a cover on the iPad since day one and have taken very good care of it, the only time the cover has come off was to return the iPad for repair. Before it went for repair it shows on the paperwork that the iPad is in good condition, no mention of any damage. They couldn't even keep my packaging, and now they're accusing me of damaging the iPad…ok.

I advised the complaints department and they said the only option left is to re-contract, but they'll waive the repayments on the current iPad and keep the same deal as above.

The more I've thought about this, the more I think it's unfair I should need to enter into another 24 month contract instead of them just straight up replacing my iPad, I don't care if it's the same model or the new one, I just want it working without being stuck for another 2 years with Optus.

Has anyone else suffered the same issue with their last gen iPad and what did you do?

Should I accept the offer or tell them to shove it?

Appreciate any feedback you guys have :)

TL;DR Optus want me to recontract for another 24 months in order to replace my faulty iPad. I just want a replacement without having to be in another 24 month contract.

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  • +6 votes

    Take the malfunctioning ipad to an apple store with your receipt and, if you're lucky, you might get a new one.

  • +3 votes

    Should I accept the offer or tell them to shove it?

    This is one of those times when it is right to tell them that you wish to use your rights under ACL.

    I wouldn't sign up to a new contract on principle.

  • +5 votes

    Why don’t you just go to an apple store

  • +1 vote

    TL;DR Optus want me to recontract for another 24 months in order to replace my faulty iPad. I just want a replacement without having to be in another 24 month contract.

    Honestly, this is enough for you to have a pretty strong ACL claim, because luckily for you, the ACCC has basically ruled that if something is sold on a plan, it's reasonable to expect that device to work for the length of the plan. Takes the guesswork out of it - if you're on a 24 month plan, your iPad should work for 24 months. Go back to the Optus shop and basically yell "ACL" at them (figuratively - just mention it politely until they get the hint) until your iPad's fixed or replaced.

  • +1 vote

    Try Apple store and if no luck, send an email with the timeline of events and state that you want an ipad of the same model in working order (with all the relevant packaging as was given to them) or a new ipad and should you not get a response or resolution in xx days then you will take it up with the relevant consumer body (dept of Fair Trading will require you to do this first anyway). Under no circumstances would I accept signing a new contract as resolution for a faulty product.
    I had a similar issue with a faulty Samsung a few years ago with Optus with similarly bad customer service, I eventually got a new Samsung from Optus.

  • +2 votes

    Take it to APPLE. Apple will simply replace the iPad for free probably on the spot. Optus and other telcos are well known for being useless for anything repair related.

    They also have a remote replacement program. (They put a hold on your card of the at-fault damage replacement and if their tests are clear you don't need to pay).

  • +1 vote

    if Optus cannot repair or replace the product, then they should just end the contract and let you walk away.

  • +1 vote

    I feel for you. I took an almost brand new phone in to Optus to repair some years ago. It came back with a small deep dent (as if a tool had slipped and stabbed into the case). Optus tried to claim that it was a pre-existing damage. I stood my ground (it's always had a protective case on, the rest of the phone was scratch free & I'd only had it for a short time). Eventually, I was sent a brand new replacement phone. (& since then, I'd take pictures of an item before it's sent in for repair.)

    Anyway, just don't accept to re-contract as a solution. It's Optus' responsibility to fix the problem for you, not the other way round.