Sale of Goods act vs Vodafone

gjchester

NFH wrote: »

Although the other stuff they say is correct, this bit is incorrect. A durability defect, by its nature, does not manifest itself at an early stage, but at a much later stage. Durability is specifically required by Section 14(2B)(e) of the Sale of Goods Act 1979 (as amended) and Section 18(3)(e) of the Supply of Goods and Services Act 1982. I would say that the latter applies, but both acts have the same requirement in this respect anyway.

This has been discussed many times. The law defined goods must be durable but does not define what durable is.

The long and short is the only way this will be tested is to take Vodafone to court. I would suspect they would withdraw before it got to court as they don't want to set a ruling that could be used as a reference (small claims court doesn't set a legal precident) but thats the route you would need to take.

NFH

movilogo wrote: »

Have you tried to take it to an Apple store directly? They may be able to fix it for free if this a software issue.

It's not a software issue. The OP has already said it's "Error code 1611-Hardware fault". See above.

thegoodman

eefee wrote: »

Vodafone’s position is that that all the handsets it supplies are of satisfactory quality. There may be occasions when an unexpected error occurs/ inherent defects in manufacture which will make a particular handset fail to function as it should due to the age of the handset. However it is quite clear that there was no inherent defect in the handset when it was supplied - if there had been this would have manifested itself far sooner.

Furthermore as at least six months have elapsed since you have taken possession of the handset that the burden of proof will be you to demonstrate that the handset was faulty when it was supplied to you

The Vodafone like most companies will use this. It is very difficult to prove even with a report that the item was faulty at the time of purchase.
The report can only show what is the problem now after 20 months, not at the time of purchase.
Most people think the warranty for six or seven years, it's for six months. Also the report may cost you money and may be invalid.
For example the report may say the pcb is faulty and need replacing.
Has the pcb being faulty from the day one? You will need some kind of proof.
Why has it taken over 20 months for the pcb to stop working when it was wrong from day one?
Etc
After six months it's up to the customer to show the item have been faulty from the day one.

NFH

thegoodman wrote: »

The report can only show what is the problem now after 20 months, not at the time of purchase.

The report can show that the defect is a result of a part failing prematurely as opposed to mistreatment by the user. The former would indicate that the part was not sufficiently durable at the time of supply.

Kingsd316

Have you tried a restore on more than one pc or mac?

Also do you have any third party proxy or security apps installed?

eefee

This part of Vodafone's response is surely inaccurate. No?

eefee wrote: »

With regard to guarantees, the EU Directive states, in Article 6, that freely given guarantees will become legally binding contracts and demands that consumers have sight of them if they want to read them (for comparative purposes).The Directive does not prescribe any length of any warranty or impose any obligation to provide a warranty.

The 1st line of the EU directive states-

'all new consumer goods, including cars, carry at least a two-year warranty and used consumer goods have a minimum of a one-year warranty.'

The full directive is here-

http://www.wak-tt.com/tt/2yearwarranty1.htm

eefee

Kingsd316 wrote: »

Have you tried a restore on more than one pc or mac?

Also do you have any third party proxy or security apps installed?

I tried the restore on my Macbook Pro. It's my only computer.

I had TekTrak installed but that would presumably be wiped when I attempted to restore the phone to factory settings

falko89

A 3gs can be downgraded to iOS 4.1, Have you tried this?

eefee

How do I downgrade to iOS 4.1?

NFH

eefee wrote: »

The 1st line of the EU directive states-

'all new consumer goods, including cars, carry at least a two-year warranty and used consumer goods have a minimum of a one-year warranty.'

The full directive is here-

http://www.wak-tt.com/tt/2yearwarranty1.htm

No, you have not posted a link to the directive. The full text is at:

http://eur-lex.europa.eu/LexUriServ/LexUriServ.do?uri=CELEX:31999L0044:EN:HTML

The directive does not prescribe that manufactuers' warranties must be two years, but the member states must not impose a limitation period of less than two years for a consumer to bring a claim against the supplier. In the UK, this is governed by the Section 5 of the Limitation Act 1980, which allows six years, i.e. more than the minimum two years mandated by the directive. Regarding guarantees (which are in addition to statutory rights), see Article 6 of the directive.