Sale of Goods act vs Vodafone

DevCoder

NFH wrote: »

iOS 5.1 isn't out until 9th March (according to rumours). The latest version is 5.0.1 unless he installs a beta version of 5.1, which is unwise in this scenario.

Sorry Im a developer so we have pre-release

I meant 5.0.1, apologies

DevCoder

eefee wrote: »

Tried again. It works!!!!!
The phone is working!!! Restored my backup and everything!!!!
Thank you krisdorey, thank you thank you thank you

You are welcome, glad to help

DevCoder

Kingsd316 wrote: »

Proof you cant 'Brick' an Iphone, another pat on the back for MSE users

It is indeed very hard to do so. Short of a hardware fault. And even then some iOS versions can be a workaround.

From a fellow spurs supporter

eefee

The phone is still crashing a lot. Turning itself off and on again and hanging. Pretty sure it must be a hardware fault

eefee

Got my response from the ombudsman. See below-

How Vodafone Ltd. provides a service to you, and on what terms, are 'commercial decisions'.
For example, if a company decides to introduce a charge for providing a monthly itemised paper
bill, this is a commercial decision. We cannot look at this type of complaint. Your complaint
appears to be about a commercial decision because you are complaining about Vodafone Ltd
not offering a free repair to your phone when it is out of warranty.
You may want to contact trading standards for more information:- https://www.tradingstandards.gov.uk

eefee

Isn't the Unfair Contract Terms Act 1977 there to stop companies opting out of their legal obligations with 'commercial decisions'?

gjchester

eefee wrote: »

Isn't the Unfair Contract Terms Act 1977 there to stop companies opting out of their legal obligations with 'commercial decisions'?

This has been discussed ad infinitum, and hinges on if it's under the Sale of Goods act, and the handset is not related to the contract, or the Goods and Services act an the handset is part of the service. NFH and I differ on our views and I don't wish to start that again.

The only way you are likely to get this resolved is to take Vodafone to court to get it shown the contract is governed by The goods and services act as if it's the Sale of goods, then Apples 12 month warranty applies.

Good Luck

NFH

gjchester wrote: »

This has been discussed ad infinitum, and hinges on if it's under the Sale of Goods act, and the handset is not related to the contract, or the Goods and Services act an the handset is part of the service. NFH and I differ on our views and I don't wish to start that again.

No, you've misunderstood. What I have stated in this and other threads is not my "view", but I am repeating the professional opinions of several solicitors who specialise in consumer law. You repeatedly disagree with these opinions without obtaining any legal advice yourself. You are not a legal professional, so please obtain some proper legal advice about this matter before speculating and attempting again to negate the opinions of solicitors.

Vodafone has supplied goods for use with a service which it also supplies. The goods were supplied at the agreed price on condition of the purchase of the service at an agreed price; the two are interpendent. Therefore the supply of the goods is governed by the Supply of Goods and Services Act 1982 of which Sections 11N and 18(3)(e) are relevant in this case.

grumbler

gjchester wrote: »

....if it's the Sale of goods, then Apples 12 month warranty applies.

I think manufacturer's warranty has nothing to do woth the SOGA.

gjchester

NFH wrote: »

You repeatedly disagree with these opinions without obtaining any legal advice yourself. You are not a legal professional, so please obtain some proper legal advice about this matter before speculating and attempting again to negate the opinions of solicitors.

I'm not going to get drawn into this again. The Ombudsman says this is a commercial decision by Vodafone and will not get involved.

Eefee needs to go down a legal route to show this eitherway.