I went back to Telecom yesterday, my phone was 6 days old, after doing a lot of research on the net i found a lot more people with the same problem.
Telecom wanted to send it away to be repaired, i had it out with them saying its less then 6 days old, it was bought with the intention to make calls, that is the main feature of this device, it can not do this, therefore under the Consumer Guarantees Act i am entiled to a replacement or a credit due to the short time i have had it and the substantial fault. I also had a apple case ID which i presented to them and told them Apple told me to come in to the store for a replacement. (Which apple did say if a hard reset didn't work, apple told me it was likely to be the ear peace of the phone.)
Basiclly i pulled everything out (and may have been wrong in what i was saying about the Consumer Guarantee Act) to try and get a replacement then and there, but stood my ground and won… my new replacement is not doing it yet but i have only had it for a day. I am holding of on the update 5.0.1 just incase this caused it with specific phones.
Refer to the statement below or from the Consumer website : http://www.consumer.org.nz/rep…..g-it-right
If the problem cannot be fixed, or cannot be put right within a reasonable time, or is substantial, you can:
- Reject the product and choose a replacement of the same type or similar value or a full refund of your purchase price; or
- Claim compensation for any drop in the value of the product or service.
- Cancel the service contract, pay for any satisfactory work already done, and get someone else to finish the repairs; or
- Have it repaired elsewhere and recover the costs from the retailer, if they refuse to fix a faulty product, or fail to do so in a reasonable time.
When you have the right to reject the goods, sellers cannot just offer a credit note. If you want a refund, you are entitled to it – by cash, cheque or credit card charge reversal.
Substantial means:
- A reasonable consumer wouldn't have bought the goods if they'd known about the fault.
- The goods are significantly different from their description, sample or demonstration model.
- The goods are substantially unfit for purpose.
- The goods are unsafe.
Also some other big websites publishing the same problem, sydney morning herald, pc world … etc
iPhone 4S, Can You Hear Me Now? Apple Sees Rise in Audio Bug Reports
http://www.smh.com.au/digital-…..1n68e.html
http://www.pcworld.com/article…..#tk.hp_new
http://hitechanalogy.com/iphon…..e-unmoved/
Best of luck, will let you know how my new one goes over the coming days.
Cheers
Caleb
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