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manufacturers warranty
Comments
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Incorrect. Because the goods were supplied in conjunction with a service and with the supplier's intention that the goods be used with that service, the goods' supply is governed by the Supply of Goods and Services Act 1982. It is reasonable to expect the goods to last for the duration of the service contract for which they are intended to be used. If the goods manifest a defect during the period of the service contract, the consumer would have a valid claim against the supplier under Section 11N.
This seems common sense, but, regrettably, there are too many threads on here where the handset has packed in and the network says "Out of warranty" - that is if they don't fall back on "water damage".
The other flaw is that, if I opt for, say, a Galaxy Ace on a 12 month contract, why should that have a lesser expectation of handset life than if I got on on a 2-year contract? And if I bought it sim-free, what lifespan should I expect?
This whole area needs sorting out as it is currently a bit of a mess. I think we all have an idea of what should be reasonable life for a handset but it's as clear as mud at present.0 -
Well Orange have got back to me and said they only supply a 3 month warranty and didnt even mention the manufacturers warranty which is what I was on about! He just kept saying that Orange supply a 3 month warranty and thats they only thing they supply. Ive asked him to send me a full copy of the terms and conditions and said I would be taking this further. Anyone got any advice for what my next steps should be or am I fighting a lost cause?0
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A reasonable time for a product to last would depend, amongst other things, on the price paid (and the price paid for the service is relevant). The goods should last at least for the length of the related service contract, usually much longer than this.The other flaw is that, if I opt for, say, a Galaxy Ace on a 12 month contract, why should that have a lesser expectation of handset life than if I got on on a 2-year contract? And if I bought it sim-free, what lifespan should I expect?0 -
As it's an insurance product, you could ultimately complain to the Financial Ombudsman, which can have a similar effect to going to court but without any expense for you. You will need Orange's final response in writing before doing this though.Anyone got any advice for what my next steps should be or am I fighting a lost cause?0 -
Orange's terms and conditions do state "The replacement may be from refurbished stock that has been tested and is fully functional". Therefore, rather than concentrating on the shortened warranty, you should concentrate on the fact that the goods are not sufficiently durable in breach of Section 18(3)(e) of the Supply of Goods and Services Act 1982. You have a reasonable expectation that the goods will be sufficiently durable to last at least for the length of the service contract for which Orange intended the goods to be used. Tell Orange that you therefore require them to repair or replace the defective goods in accordance with their obligations under Section 11N.0
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The phone providers have realised the killing they can make by selling 24 months contracts on phones with just a year's warranty. They can either;
- sell you expensive insurance
- sell you an expensive extended warranty
- get you to pay up your contract a year early and hopefully sell you another contract.
Personally I think it's disgusting that you pay for 2 years but the phone is only guaranteed for 1.0
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