Orange - faulty phone, what are my rights?

Fragile80

Hi

I purchased a mobile phone on an 18month contract from Orange last September. Over the past week it has developed a fault with the charging dock - the connection is loose, it attempts to connect to a PC instead of charging and sometime doesn't charge when I have plugged it in.

I have contacted Orange to request a replacement or repair as the phone is under 12 months old and from my understanding of the Sale of Goods and Service Act 1982 is no longer fit for purpose or of satisfactory quality.

When I spoke to Orange they said I have to contact the manufacture direct as it is over 6 months and they are no longer responsible. I believe this is incorrect though. I purchased the phone at the same time as the contract to enable me to access their service. Therefore doesn't it make it an express term of that contract, between Orange and myself?

If this is the case then aren't Orange responsible for providing a repair/replacement?

Any advice would be greatefully recieved

grumbler

Fragile80 wrote: »

Hi

I purchased a mobile phone on an 18month contract from Orange last September. Over the past week it has developed a fault with the charging dock - the connection is loose, it attempts to connect to a PC instead of charging and sometime doesn't charge when I have plugged it in.

I have contacted Orange to request a replacement or repair as the phone is under 12 months old and from my understanding of the Sale of Goods and Service Act 1982 is no longer fit for purpose or of satisfactory quality.

When I spoke to Orange they said I have to contact the manufacture direct as it is over 6 months and they are no longer responsible.I believe this is incorrect though.

This is partly incorrect. After 6 months the onus lies on you to prove that it is a manufacturing fault, not a result of damage: Consumer Rights

I purchased the phone at the same time as the contract to enable me to access their service. Therefore doesn't it make it an express term of that contract, between Orange and myself?

It does.

If this is the case then aren't Orange responsible for providing a repair/replacement?

They are if you can prove the above.

That said, a micro-usb port is probably the weakest part of modern phones and is very easy to break if you don't handle it with extreme care. IMO, the design is just not fit for purpose, but it's just my opinion.

vuvuzela

When you plug it in via a standard USB cable to your PC does it charge (ie have you tried it in something other than the dock to rule that out being faulty) ? What model of mobile is it ? Are the settings correct for USB charging ?

Fragile80

grumbler wrote: »

This is partly incorrect. After 6 months the onus lies on you to prove that it is a manufacturing fault, not a result of damage:

It does.

They are if you can prove the above.

How could I prove that? Is there a standard industry accepted test?

Fragile80

vuvuzela wrote: »

When you plug it in via a standard USB cable to your PC does it charge (ie have you tried it in something other than the dock to rule that out being faulty) ?

I can't plug it in via a standard USB cable as it only has the microUSB dock.

vuvuzela wrote: »

What model of mobile is it ? Are the settings correct for USB charging ?

The phone is a galaxy samsung sII.
The setting should be fine as I am using the plug charger supplied with the phone (and have tested alternative plug chargers to rule that fault out).

grumbler

Fragile80 wrote: »

How could I prove that? Is there a standard industry accepted test?

I think it has to be some independent engineer report and you'll have to pay for it. Unless you are going to sue Orange you are unlikely to have this charge reimbursed. That's why after 6 months it is easier to deal with the manufacturer.

thegoodman

Fragile80 wrote: »

How could I prove that? Is there a standard industry accepted test?

You will need to get an independent report from the repair workshop.
Make sure:
The report is done by a named company.
Signed by a tech manager or repair person
Also says the fault have been since the day of purchase
The said part sould have last longer than xx number of months
You may need to pay for this.

robbies_gal

just phone the manufacturer much easier than paying out for tests

Buzby

Or better yet, buy a replacement for £3.99 on an auction site. The issue of use/misuse is hard to disprove, especially if they point out to there being no inherent fault. Being heavy-handed or better yet, not treating the accessory carefully means you are left stranded unless someone makes a gesture of goodwill.