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iPhone 5 Lone Phone - Keep or Return?

Dino F

Dino F

Suspended
Original poster
Sep 16, 2010
4,515
3,405
Croydon, South London, UK
Need a little advice from my fellow MR members......!

My wife's iPhone 5 recently went into our local Apple Store for a free battery replacement and also a free power button replacement (this was part of Apple's free battery replacement program - the serial number of her phone showed that her phone was eligible for this). Her phone which went in was a 16gb slate grey iPhone 5.

As part of the repair process, she has now been given a 'lone phone' until her phone is repaired (in about 2 weeks time). The lone phone is almost an identical iPhone, however, it is a 16gb white/silver iPhone 5.

Looking through the 'iPhone Loan Agreement' which she has signed, it states that the loan phone, (quote from agreement)'.........at Apple's discretion may be new or refurbished'. Looking at the loan phone, I can confirm that it is indeed, 'new' or 'refurbished' but I reckon it is a brand new one as it looks immaculate.

The agreement, also goes on to say (again, I quote from the actual agreement), '.........in the event that you fail to return the Loan Phone to Apple by the Return Date (i) Apple will obtain full ownership rights in Customer Phone, and may use or dispose of the Customer Phone as Apple sees fit; and (ii) you will obtain full ownership rights in the Loan Phone and accept the Loan Phone provided to you as a full replacement of the Customer Phone.'

Now to me, that implies that if my wife decides to keep the white loaned iPhone 5 (she does indeed want to keep the white phone as she likes the look of this phone alot better than her slate grey one), she can do so if she understands that it will be a direct replacement of her grey slate one and Apple will be fine about this.

Has anyone had any experience in this? Can my wife keep the loaned white iPhone 5 as her own and Apple will keep her slate grey one - no questions asked?
 
It seems like they were nice to lend you a phone, while your wife's phone is begin repaired. Keeping that just because its newer/nicer doesn't seem right.

I'd also be worried that apple would charge you for the phone, but then I don't see the entire agreement in front of me.

To me, it just doesn't seem right.
 
Why not just call Apple and see what they say about? I've never heard of this but I'm sure Apple can advise you either way.
 
You can keep the loaner phone and they'll keep the one you sent in. No charges. Whether that's ethical is another question since they are trying to fix it for you. IMO it's no big difference to Apple, since you'd keep the phone if they couldn't fix it anyway. Of course check out the loaner to make sure there no problems.
 
I do not think there is anything unethical about keeping the loan phone. The agreement clearly states you keep their phone, they keep your phone.

If you like the loaner better, go for it.

I would call and quote the agreement just to be on the safe side.
 
Last edited:
Dino F said:
Looking through the 'iPhone Loan Agreement' which she has signed, it states that the loan phone, (quote from agreement)'.........at Apple's discretion may be new or refurbished'. Looking at the loan phone, I can confirm that it is indeed, 'new' or 'refurbished' but I reckon it is a brand new one as it looks immaculate.
Click to expand...

How the phone looks really is not an indicator of whether it is or is not a refurb.
 
mattopotamus said:
true. The refurbs are indistinguishable from the new ones outside of the box they come in.
Click to expand...

...in that case, could be a refurb then as my wife commented that at the Apple Store, the loaner phone was taken out from a cardboard box as opposed to an official Apple box.

Ok, so here is an update:

Just called the Apple Store Bromley and at first, the Tech dude, didn't actually know the answer - he had to then check with his Supervisor, however, when he came back on the phone, he 100% confirmed that the scenario, is exactly how it sounds in the T & Cs - if we keep the loaner phone, Apple keep the repaired phone, no questions asked, no charges, no nothing....


Looks like my wife is now the proud owner of a white/silver 16gb iPhone 5

:cool:
 
Dino F said:
...in that case, could be a refurb then as my wife commented that at the Apple Store, the loaner phone was taken out from a cardboard box as opposed to an official Apple box.

Ok, so here is an update:

Just called the Apple Store Bromley and at first, the Tech dude, didn't actually know the answer - he had to then check with his Supervisor, however, when he came back on the phone, he 100% confirmed that the scenario, is exactly how it sounds in the T & Cs - if we keep the loaner phone, Apple keep the repaired phone, no questions asked, no charges, no nothing....


Looks like my wife is now the proud owner of a white/silver 16gb iPhone 5

:cool:
Click to expand...

Good to hear it worked out. Refurbs are awesome. They come with the same 1 year warranty a new device would come with. I always try to snatch up the last years ipad from the apple refurb store. They are usually $50-$100 cheaper than a new one of the same model.
 
Dino F said:
...in that case, could be a refurb then as my wife commented that at the Apple Store, the loaner phone was taken out from a cardboard box as opposed to an official Apple box.

Ok, so here is an update:

Just called the Apple Store Bromley and at first, the Tech dude, didn't actually know the answer - he had to then check with his Supervisor, however, when he came back on the phone, he 100% confirmed that the scenario, is exactly how it sounds in the T & Cs - if we keep the loaner phone, Apple keep the repaired phone, no questions asked, no charges, no nothing....


Looks like my wife is now the proud owner of a white/silver 16gb iPhone 5

:cool:
Click to expand...

Awesome outcome, but it leaves me wondering... Why don't they just give you the option at the beginning? Seems to me it would have been less costly for apple to just say " we can repair and offer you your original device back, or we can just replace it with this other one. What would you like?"

Oh well. Doesn't have to make sense to me.
 
lordofthereef said:
Awesome outcome, but it leaves me wondering... Why don't they just give you the option at the beginning? Seems to me it would have been less costly for apple to just say " we can repair and offer you your original device back, or we can just replace it with this other one. What would you like?"

Oh well. Doesn't have to make sense to me.
Click to expand...

It is actually really strange they do this b.c the out of warranty replacement cost more than a screen replacement. I guess you never know if they will give you a loaner phone until you get there.
 
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