When getting a warranty replacement from apple can you upgrade to the new model?

When you take your phone in to apple, and get them to replace it with another phone is it always a like for like replacement or can you upgrade and pay extra for a newer model upgrade?

Roaminggnome seems to know for sure, but it sure doesn't hurt to turn on the sugar and ask. I would just say that you had been seriously considering upgrading to the 5, and then you had this problem (I think you'll be in a better position if the problem is something original to the phone, and not a 'user misuse/damage' and if you're still under warranty somehow). I mean, you have the top model 4s, a nice amount of GB, depending on the problem, they can still refurb it and make a decent amount on it, I've purchased refurb products on Apple's site, and they are still not cheap! 
I don't know if they will or not, but it certainly cannot hurt. Just say you were really looking to upgrade and were upset when you had problem xx, before you could use it to upgrade or sell it.  Be super, super nice, and just say like, 'Are there any upgrade options rather than just getting a new 4S or refurb (I think that's what they'll send you, but it's all but a brand new phone. That's not a terrible thing.) If you wouldn't mind, offer to buy a 5 refurb. My iTouch refurb, bought from Apple, came pretty much exactly the same as a new one, the outer components are all brand new, they have the cords/earbuds, all that...the only difference was mine came in a different box....but my original box had John Lennon in it, so that might have been a special deal? IDK
I've gotten ppl to do some 'out of the box' things they don't normally do, just by being crazy nice, and super accommodating, easy, and flexible. It surely cannot hurt to try, good luck and let me know if it works, so I can try when I return my Mini!!

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