Faulty Mobile phone & Warranties

gentlecleanser

My current mobile phone is on contract from Orange for 18 months. The phone is now playing up and dropping signal all the time so i cannot make or receive calls and texts. Orange have told me i have had the phone for 14 months, and am only covered for 6 months warranty with them and 12 months warranty with the manufacture (LG). They said i should buy insurance to cover fixing the phone.

I would like to point out that under the Sale of Goods Act the product should be fit for purpose therefor as the contract was for 18 months the phone should be expected to function correctly over the whole 18 months baring accidental damage.

I would just like to know where i stand? Im a correct in thinking the phone should be expected to function correctly over the whole 18 months baring accidental damage? Is it reasonable for me to ask them to cover the repair/replacement costs? How do i get orange/LG to do this?

OneADay

Its been said on here before - the service contract is what you have with Orange. So if the network service was poor, you could take it up with Orange.

But the warranty on the phone is covered by the manufacturer, usually 12 months. Anything more than warranty period and you need mobile insurance.

JJ_Egan

But the warranty on the phone is covered by the manufacturer, usually 12 months. Anything more than warranty period and you need mobile insurance.


How do users get on under UK law with faulty goods that are on contract .

I would have thought that any contract phone is for the length of the contract . Or if the phone is handed over as a freebie or paid for out of the contract then does not UK consumer law put the responsibility on the seller for the usual 12 month from date of sale and the extended responsibility that can last far longer .

Buy any goods and its the sellers responsibility why should phones be different .

jje

OneADay

JJ_Egan wrote: »

How do users get on under UK law with faulty goods that are on contract .

I would have thought that any contract phone is for the length of the contract . Or if the phone is handed over as a freebie or paid for out of the contract then does not UK consumer law put the responsibility on the seller for the usual 12 month from date of sale and the extended responsibility that can last far longer .

Buy any goods and its the sellers responsibility why should phones be different .

jje

I am not an expert on the law so someone else might word this better.
The network provides a service for the minutes/texts etc. The phone is usually a free item with the contract and the network will provide cover to fix problems within the minimum 12 month period.

In the OP's case, Orange have provided a cover for 6 months (i.e. they will handle a repair on behalf of the contract holder). After 6 months, you would need to talk directly to manufacturer. And manufacturer (in this case LG) is providing the minimum 12 month warranty.

It looks like the OP is 14 months into the contract and out of warranty period with manufacturer so will need to pay for any repair.

Basically you need to cough up for insurance cover if you think the phone is worth it - most phones are not worth paying insurance for.

Sale of goods act -

" If a consumer chooses to request a repair or replacement, then for the first six months after purchase it will be for the retailer to prove the goods did conform to contract (e.g. were not inherently faulty)"

smcaul

The phone still falls under the SOGA, and it is not "free" it is just that the cost is included with the price of the contract!!! Therefore the goods must still be durable etc, etc.

As such the provider of the phone, in this case Orange, still have to comply with the SOGA.

OneADay

smcaul wrote: »

The phone still falls under the SOGA, and it is not "free" it is just that the cost is included with the price of the contract!!! Therefore the goods must still be durable etc, etc.

As such the provider of the phone, in this case Orange, still have to comply with the SOGA.

Yes and no - for 30 days from purchase you are covered but after that Orange are still providing the service and comply with 6 months of repair under SOGA. After that it falls into the warranty period. I guess if someone went to court over this, a judge might rule in favour of consumer having full cover for contract period (18/24 months). If that happened, we would all be paying a lot more for mobile contracts.

smcaul

OneADay wrote: »

Yes and no - for 30 days from purchase you are covered but after that Orange are still providing the service and comply with 6 months of repair under SOGA. After that it falls into the warranty period. I guess if someone went to court over this, a judge might rule in favour of consumer having full cover for contract period (18/24 months). If that happened, we would all be paying a lot more for mobile contracts.

Eh???? Your saying that Orange have some sort of ability to over ride or ignore the Sale of Goods Act then?

They can not get out of it, they may well try and fob people off by saying that they only cover the first 6 months, but this has no standing in law and I bet that Orange would not even let a claim get anywhere near the courtroom should the consumer put it to the test.

OneADay

smcaul wrote: »

Eh???? Your saying that Orange have some sort of ability to over ride or ignore the Sale of Goods Act then?

They can not get out of it, they may well try and fob people off by saying that they only cover the first 6 months, but this has no standing in law and I bet that Orange would not even let a claim get anywhere near the courtroom should the consumer put it to the test.

Orange do comply with SOGA as they are providing a network service through the period of the contract. If they fail to do that, then consumer has right to cancel etc. But phone is not a service they are providing but a product which is covered under 6 months repair from Orange and warranty period from manufacturer.

Put it this way, if SOGA covered mobile phones for whole duration of contract, there would be no mobile insurance companies.