Phone Guarantee?

Silk

lufcgirl wrote: »

The problem with the customer is that with the flip breaking away, thats classed as either a physical fault or a manufacturing defect. Not something software related. Sony will want to look at it, as would Orange and check no physical damage had been caused before deciding wether to charge for the repair or not.

Sony Ericsson phones are guaranteed for 24 months by Sony Ericsson, but Orange only provide their own replacement service for the first six months.

(Like I said, I work for contracts though so PAYG could be entirely different!)

Hi Lufc,
Whatever the case is it's for the trader to sort out whether it's a contract of payg. it's the standard rights of the consumer
http://www.consumerdirect.gov.uk/after_you_buy/know-your-rights/mobiles/

The trader must sort out your problem, not the manufacturer

Remember, if you are entitled to a refund, replacement, repair or compensation, it is the trader who must sort out your problem. The trader cannot tell you to go back to the manufacturer or to claim through a guarantee or warranty.

lufcgirl

Orange have offered to repair the phone, and the customer declined the repair.

To me however, I personally think it's physical damage for a flip to just break off from a handset, or that it may have been loose for some time and then came away which begs the question why it wasn't reported sooner. I suspect that both Orange and SE think this which is why they want courier charges to have the phone inspected.

Silk

lufcgirl wrote: »

Orange have offered to repair the phone, and the customer declined the repair.

To me however, I personally think it's physical damage for a flip to just break off from a handset, or that it may have been loose for some time and then came away which begs the question why it wasn't reported sooner. I suspect that both Orange and SE think this which is why they want courier charges to have the phone inspected.

Where does it say "Orange have offered to repair the phone" ????

The OP says they wanted £15 to send it off via courier.
How can someone know what the fault is without examining it ?
Providing it's not been wrenched off it's possily fatigue of a hinge or a fault in the moulding or maybe even bad design.
Whatever the cause it needs replacing or repairing at not to any cost to the customer if it's within the gurantee period.
Again it's down to the dealer to sort it out not the consumer !

lufcgirl

Silk wrote: »

Where does it say "Orange have offered to repair the phone" ????

The OP says they wanted £15 to send it off via courier.
How can someone know what the fault is without examining it ?
Providing it's not been wrenched off it's possily fatigue of a hinge or a fault in the moulding or maybe even bad design.
Whatever the cause it needs replacing or repairing at not to any cost to the customer if it's within the gurantee period.
Again it's down to the dealer to sort it out not the consumer !

Sorry I should rephrase it, the way I've read it is that Orange have offered to send it away at a cost to the customer for the courier, which is fair enough. If it is indeed down to a faulty hinge, fault in the moulding or bad design, SE will repair it for free.

If Orange do a repair, it's not actually a repair, they'll send a new phone via courier to the customers address, and take the old one away again. So more and more it looks like it's being sent to Sony Ericsson. They are offering to do for the customer exactly what the customer can do themselves, thats all!

Silk

lufcgirl wrote: »

Sorry I should rephrase it, the way I've read it is that Orange have offered to send it away at a cost to the customer for the courier, which is fair enough. If it is indeed down to a faulty hinge, fault in the moulding or bad design, SE will repair it for free.

If Orange do a repair, it's not actually a repair, they'll send a new phone via courier to the customers address, and take the old one away again. So more and more it looks like it's being sent to Sony Ericsson. They are offering to do for the customer exactly what the customer can do themselves, thats all!

Hi Lufc,
No it's not down to the customer to do it ...the contract is with the dealer so they take it back to the dealer for them to sort out.
A mobile phone is no different to any other peice of kit. If a customer buys a Ford Fiesta and the door falls off after 6 months he takes it back to the dealer he bought it from and they sort it out. If they want to send it back to the manufacturer for examination thats up to them but it's not to be done at the consumers cost.

lufcgirl

Exactly, so the customer takes it into an Orange shop, an Orange shop offers to send it away for repair to SE. The customer could do exactly the same thing from home.

Best thing I can envisage the customer doing is arranging for it to be sent away, then contacting customer services to see if they'll give any sort of goodwill credit for the courier cost.

Silk

lufcgirl wrote: »

Exactly, so the customer takes it into an Orange shop, an Orange shop offers to send it away for repair to SE. The customer could do exactly the same thing from home.

Best thing I can envisage the customer doing is arranging for it to be sent away, then contacting customer services to see if they'll give any sort of goodwill credit for the courier cost.

Yes but it would cost the customer to send it back and it's the duty of the dealer to send it back and sort it out ...NOT at the customers expence

derrick

lufcgirl wrote: »

Orange (with a contract and purchased directly from Orange Retail or Direct) will replace a phone up to six months. After that they won't do anything unless the customer has care or takes an emergency option. Somehow I don't think Orange will do anything illegal and would surely have been pulled up on it by now if it was?

Orange cannot discharge their statutory rights, (SoGA), with their own T&Cs!

Companies do act illegally by putting this type of conditions in their T&Cs, it is illegal as it attempts to take away the consumers Statutory Rights, which is a CRIMINAL offence.

lufcgirl wrote: »

Sony Ericsson phones are guaranteed for 24 months by Sony Ericsson, but Orange only provide their own replacement service for the first six months.

(Like I said, I work for contracts though so PAYG could be entirely different!)

The "first 6 months" is SoGA during which it is up to the seller to prove the defect was not there at point of sale, after 6 months it is up to the buyer to prove it was there at point of sale, Orange,(or any other retailer), cannot take away statutory rights, (SoGA), by any means, and if they attempt to do so need reporting to Trading Standards for CRIMINAL prosecution.

lufcgirl wrote: »

Exactly, so the customer takes it into an Orange shop, an Orange shop offers to send it away for repair to SE. The customer could do exactly the same thing from home.

Best thing I can envisage the customer doing is arranging for it to be sent away, then contacting customer services to see if they'll give any sort of goodwill credit for the courier cost.

Under the SoGA the contract is with the seller NOT the manufacturer.

See Section 48 of the SoGA.

This quote from 48A, (my highlighting); -
"(a) the buyer deals as consumer or, in Scotland, there is a consumer contract in which the buyer is a consumer, and
(b) the goods do not conform to the contract of sale at the time of delivery.

(2) If this section applies, the buyer has the right—

(a) under and in accordance with section 48B below, to require the seller to repair or replace the goods, "



This quote taken from 48B; - (my highlighting)
"(2) If the buyer requires the seller to repair or replace the goods, the seller must—
(a) repair or, as the case may be, replace the goods within a reasonable time but without causing significant inconvenience to the buyer;
(b) bear any necessary costs incurred in doing so (including in particular the cost of any labour, materials or postage)."