Two kinds of protection
When a phone goes wrong, there are two separate sets of rules.
| Manufacturer's warranty | Australian Consumer Law (consumer guarantees) | |
|---|---|---|
| What it is | A promise the maker chooses to give (often 1 year), with its own terms | Rights given by law, automatically, whatever any warranty says |
| How long | The period in the warranty | A "reasonable" time, depending on the product and its price; no fixed expiry |
| What it covers | Faults the terms list | Goods must be of acceptable quality, match their description and be fit for purpose |
| Accidental damage | Usually not covered | Not covered (it's not a fault) |
| Can a third-party repair affect it? | Yes, under the warranty's terms | Not just because someone else repaired it |
What the manufacturers say
Manufacturers' warranties typically exclude damage caused by service from anyone other than the maker or its authorised providers, along with accidental damage and liquid damage. In practice, that means:
- if an independent repair causes a problem, the maker won't fix that problem under warranty;
- a phone with non-genuine parts may be refused service for those parts, or need them replaced at your cost before other warranty work;
- a phone that's been opened may be looked at more closely when you make a claim.
So, yes: a third-party repair can void the manufacturer's warranty for anything related to the repair, and makers can refuse warranty service on a phone that has been opened. That's why we tell customers with a phone still under warranty to check with the maker first.
What the law says
The consumer guarantees under the Australian Consumer Law apply no matter what a warranty says. A business can't take them away, and they don't end just because a phone was repaired somewhere else.
ACCC v Apple (2018). Apple told customers whose iPhones and iPads had been repaired by third parties that they were no longer entitled to a remedy, and in some cases a software update ("error 53") disabled phones that had been repaired independently. The Federal Court ordered Apple to pay $9 million in penalties for misleading customers about their rights. The case confirmed that the consumer guarantees don't end merely because a device has been repaired by someone else.
What this means for you:
- If your phone develops a fault unrelated to the repair (for example, the speaker fails after an independent screen replacement), the maker still has to deal with it under the consumer guarantees.
- If the repair caused the problem, it's the repairer's responsibility, not the maker's. A repairer's own work must be done with due care and skill under the same law.
This is general information, not legal advice. The ACCC's website has the details, and you can contact the ACCC or the Office of Fair Trading Queensland if a business won't help.
So where should you take your phone?
| Your situation | Best first step |
|---|---|
| Under the maker's warranty, and the fault isn't damage (it stopped charging, the screen flickers by itself) | The maker or its authorised provider: it's free |
| Under warranty, but the screen is cracked or it got wet | Accidental damage isn't covered by the warranty, so compare the maker's price with an independent repair |
| Out of warranty | Either; an independent repair is usually faster and costs less |
| You want to trade the phone in with the maker later | A genuine repair through the maker keeps its parts record clean (see the "unknown part" message) |
Your rights with an independent repairer
When you get a phone repaired anywhere, the repair itself is covered by the consumer guarantees for services: it must be done with due care and skill, be fit for the purpose you asked for, and be done within a reasonable time. A repairer's own warranty sits on top of that.
Repairers must also give you some notices in writing before taking your phone: that a repair may result in the loss of your data, and, if refurbished parts may be used, a notice saying so. That's why every reputable shop asks you to back up your phone first.
Sources
- ACCC: iPhone and iPad misrepresentations cost Apple Inc $9 million in penalties
- ACCC: Consumer rights and guarantees
- ACCC: Warranties
- ACCC: Repair notices
- Queensland Government: Office of Fair Trading
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