Brodit Car Holder damaged new HTC Hero Phone - where do I stand?

chrisjoanne

Hi

I purchased a HTC Hero mobile phone on contract around 3 weeks ago (got a nice Ipod touch as a freebie too, for my son for xmas) - absolutely lovely phone.

What I then purchased was a Brodit car holder.

Having looked for the best price, I purchased the holder from mobilefun.co.uk
http://www.mobilefun.co.uk/brodit-passive-holder-with-tilt-swivel-htc-hero-p21903.htm

What then happened has got me furious. When placing the phone into the holder it grips the bottom of the mobile. This is fine you may think, but the bottom of the mobile is part rubber - not metal. Therefore when the plastic holder bites into the phone to hold onto it, it has left two marks.

See photo:
This is a email I sent to Mobilefun:

Dear Sir

I would like to inform you that a product I purchased from you has damaged my new HTC Hero mobile phone.

The "Brodit Car phone holder" (ID 21756), I understand, is specifically designed to hold the HTC firmly in place during transport.

However, the design of the car holder has not taken into account that the bottom of the HTC hero is a rubber product and has worn two lines (into the rubber) on either side of the bottom of the mobile phone.

The phone has only been placed into the holder 3 or 4 times and I now refuse to use the holder.

I am furious that a product from such a well established company such as Brodit, has put this car holder onto the market. I am surely not the first person to have experienced this and believe there is a major flaw to the design of the product.

The sharp plastic ridge which holds the phone should have a rubber coating or something to stop the plastic rubbing hard against the rubber part of the phone.

I am in the process of contacting Brodit to ask them where they stand with this as I am considering asking for my new HTC phone casing to be replaced.

I would like to know where "MobileFun" stand with this problem and I can then pass this onto Brodit.

I suggest you take the review of the product off from the website where someone has stated: "As usual a first class product from the Brodit company, fits the HTC Hero like a glove, i will not use anything else than Brodit! ( no i do not work for them !) "well recommended " Tom, (another satisfied customer)". I would also recommend you do not sell this product until Brodit can 100% confirm it does not damage the HTC phones.

I can supply pictures if required.

Mr ********

______________

I have had no reply from Brodit. However, Mobilefun have asked for pictures and have informed me that they are in talks with Brodit.

Now.....where do I stand. Can I ask for the HTC Hero to be replaced for a new HTC Hero? I don't really want the mobile to be "open up" and a new casing put on as it will never be the same once opened up.

Surely I have an argument to have the phone replaced?

Where do I stand legally?

Do I send the holder back to Mobilefun before I get this problem sorted?

Many thanks for reading.

Chris

Anihilator

Damaged? Its a tiny mark which could have been caused by anyone. Unless you can show that its happening to everyone then I would suggest the damage is absolutly nothing to do with the holder and more the way you use or keep your phone.

Apart from anything demanding a new phone for a tiny little mark is ridicolously pathetic. Does anyone actually not slightly mark their phones.

chrisjoanne

Anihilator wrote: »

Damaged? Its a tiny mark which could have been caused by anyone. Unless you can show that its happening to everyone then I would suggest the damage is absolutly nothing to do with the holder and more the way you use or keep your phone.

Apart from anything demanding a new phone for a tiny little mark is ridicolously pathetic. Does anyone actually not slightly mark their phones.

Nice reply :rolleyes:. The phone, if purchased sim free is around £450. I'm paying £35 per month for 2 years.....it's not a bog standard £10 mobile phone bought from The Carphone Warehouse. I think you've got a bit of a cheek to say it's the way I use or keep the phone. The "lines" of DAMAGE match up EXACTLY with the two plastic grips from the base of the car holder. Would you like me to upload the right hand side picture too? Maybe you want me to measure the distance between the grips and the two lines or damage.

If you took your car to a garage and it came back with a scratch would you just drive away? No obviously not. You would say the mark or damage wasn't there previously and want it sorted - free. Maybe not want the car replaced obviously, but you would want to sorted.

It doesn't matter if the mark on the phone is 2mm long or 2 cm long - it wasn't there before hand....simple as that. To say I'm being ridiculous and pathetic confirms that you are the sort of person who gets walks over by comapanies.

I'll just add that I received back over £200 from a recent house move from my solicitor as they had "mistakenly" added a fee to our costs which as first glance looked legal. However, after hours spent on the net I found the costs to be illegal and they paid up. You however, would have just "let it be". Thats the difference.

Chris

DrScotsman

I'm not entirely sure what happens if you buy a product that damages another one, I don't know if this comes under the Sale of Goods Act.

For example if you bought a bottle of Coke from Tesco and it turned out it was just water, Tesco would be the ones due to give you your refund.
If you bought a bottle of Coke and it turned out to be an explosive which destroyed your house, I'm PRETTY sure Coca Cola would be liable to you, not Tesco.

In any case, you are due the cost difference between the price of a new phone and the amount you could reasonably sell your current phone for - or equivalently you surrender your current phone to whoever-is-liable and they give you a new one.

Anihilator

Actually I have an equally expensive phone and it too has a few minor scratches etc which have come off keys and coins etc in pockets. Same with everyone I know.

Phones of any value do this. Get a life.

chrisjoanne

DrScotsman wrote: »

I'm not entirely sure what happens if you buy a product that damages another one, I don't know if this comes under the Sale of Goods Act.

For example if you bought a bottle of Coke from Tesco and it turned out it was just water, Tesco would be the ones due to give you your refund.
If you bought a bottle of Coke and it turned out to be an explosive which destroyed your house, I'm PRETTY sure Coca Cola would be liable to you, not Tesco.

In any case, you are due the cost difference between the price of a new phone and the amount you could reasonably sell your current phone for - or equivalently you surrender your current phone to whoever-is-liable and they give you a new one.

Many thanks for the reply - much more helpful than Anihilator. I know it's going to be difficult to find out who is to blame. Mobilefun or Brodit. That's what I'm trying to sort out. Cheers.

pulliptears

I don't really want the mobile to be "open up" and a new casing put on as it will never be the same once opened up.

I take issue with that. Of course it will be the same!

Whilst I agree that I would be miffed enough to complain, I think a replacement phone is very OTT. I imagine its not a massive job to replace the rubber, but the phone will need to be sent away etc which in the end causes more trouble than a couple of tiny scratches are worth.

chrisjoanne

Anihilator wrote: »

Actually I have an equally expensive phone and it too has a few minor scratches etc which have come off keys and coins etc in pockets. Same with everyone I know.

Phones of any value do this. Get a life.

Yes, and these marks have been caused by you. When you come to (possibly) sell the phone you are sure to get less money than a one which says thats its in near mint condition. You keep you possessions the way you like to and I'll look after mine.

OlliesDad

I agree that it can be very annoying when you get a brand new gadget and it is damaged in some way, even more annoying when it is somebody elses fault.

I would argue though that replacing the cover would be suitable, and it would still be the same if this happened.

P.S. I wouldn't pay attention to Anihilator as he has a habit of making uneducated aggressive comments that do nothing but make him look like an idiot!

stugib

Anihilator wrote: »

Actually I have an equally expensive phone and it too has a few minor scratches etc which have come off keys and coins etc in pockets. Same with everyone I know.

Phones of any value do this. Get a life.

Tim? Is that you?

neilmcl

Difficult one this. You could argue that the holder isn't fit for purpose as there is an inherent fault in the design that causes damage to the phone it was intended for. In which case the retailer would probably only be liable for the purchase of the holder. The damage to the phone would probably have to be claimed against the manufacturer though.

Having said that, when using these types of cradle isn't it inevitable that you're going to get some marks and scratches through the everyday use of pushing the phone into it and removing it again.