CPW repairs - confused over contract T&Cs

planetf1

Hi,
We took out a mobile phone contract on a Nexus S handset in January. This was purchased through CPW online. Vodafone is the airtime provider. Monthy bills come from vodafone, the phone was "free".

How does this work typically in terms of the legal relationship/agreement.

The nexus s failed in April
It was returned with different faults
We escalated through complains
A replacement was provided
It failed again in October
It was again returned with different faults (could be the 3rd physical handset)
I am now submitting a complaint.

So we've gone through 3 replacement cycles within 11 months. I do not regard this as satisfactory quality -- and worse am losing confidencence in CPWs ability to repair/test phones.

I have no issues with Vodafone.

If I'd purchased the item outright it would be simple appliability of the sales of goods act -- even though it's after 6 months we can probably prove it's faulty.

But where do I stand given CPW effected initiated the contract between me and vodafone. I can't see this explained on the CPW site or in their T&Cs

I'd like to be prepared before I speak to them & understand my rights and what I should push for.

Right now my email suggests we want
- an IMMEDIATE replacement (ie within days not another 2-4 week repair cycle)

I should probably push for a NEW replacement

It's also crossed my mind as to whether we can persue return of the goods ie a "refund" as not of satisfactory quality on the basis that they are incapable of providing a reliable unit - but this is where I get confused. What is the monetary value? And what is the relationship with vodafone. I do not want to breach my contact with vodafone - in part as I have 3 other contracts, but also because they're not responsible for CPW's mess up.

I could go to another repairer I assume, but that lets CPW escape..

I did post more technical detail on the actual issue to google+ at https://plus.google.com/104422026240308775849/posts/PH8wpWyrZtw

grumbler

The retailer is CPW. They have to replace or repair under the SOGA. Don't remember SOGA saying anything about a refund.
Vodafone have nothing to do with the handset. You deal either with the retailer (SOGA) or the manufacturer (warranty).

planetf1

Thanks. Though as an update -- CPW Executive Office called me back at lunchtime today and

a) Agreed to ship a new device for collection
b) Offered a months line rental as compensation

They pretty much volunteered this based on my email with no further prompting.

So - frustrated they messed up (again) on initial repair, but impressed they responded reasonably and very rapidly