Orange want to charge me for replacement

DUTR

Caryne wrote: »

But if they were supplying me with phone for the next twenty years that would only be because their phones are rubbish and break in the first place. If the phone lasted a reasonable period of time without breaking then this would never be an issue would it?

It seems you want people to write what you wish to read, when you started the contract that is when your 12 month warranty applies from, replacement or not, however as I undertsand electrical goods are expected to last 2yrs, but in the 2nd yr you may have to deal with the manufacturer. The others are correct the contract is for the airtime agreement only.

gjchester

Blackberry give a years warranty on new phones but not any replaced under warranty See http://uk.blackberry.com/legal/handheld_warranty.jsp

Warranty replacments are usually refurbished models and have a warranty of 90 days or the expiry of the original warranty whcihever is the longer as in the warranty terms

If the BlackBerry Hardware (or component thereof) is repaired or replaced during the Warranty Period, the Warranty Period will expire upon the later of the 91st day after repair or replacement or one year from the date of original purchase.

When exactly did you get the first one? That determines the warranty period.

Caryne

DUTR wrote: »

It seems you want people to write what you wish to read, when you started the contract that is when your 12 month warranty applies from, replacement or not, however as I undertsand electrical goods are expected to last 2yrs, but in the 2nd yr you may have to deal with the manufacturer. The others are correct the contract is for the airtime agreement only.

No, I want to get to the bottom of the actual facts. When I buy something in a shop if it breaks and I get a new one then the warranty lasts from the date of the replacement (I know this as I have had these issues before). To me it is simply logical that the same would be the case with a phone - but it seems not.

Caryne

gjchester wrote: »

Blackberry give a years warranty on new phones but not any replaced under warranty See http://uk.blackberry.com/legal/handheld_warranty.jsp

Warranty replacments are usually refurbished models and have a warranty of 90 days or the expiry of the original warranty whcihever is the longer as in the warranty terms

If the BlackBerry Hardware (or component thereof) is repaired or replaced during the Warranty Period, the Warranty Period will expire upon the later of the 91st day after repair or replacement or one year from the date of original purchase.

When exactly did you get the first one? That determines the warranty period.

I was, I think, supplied with a new replacement phone. It did come in a box, all sealed etc and certainly appeared new. The first one was got around 14 months ago.

grumbler

AFAIK, BB's manufacturer's warranty is 1 year.
It is difficult to understand why the OP is "getting passed back and forward between carphonewarehouse and orange", but if the phone was supplied by CPW, then the CPW's warranty is 2 years for BBs.

If the phone is replaced the warranty is not reset. However, if it is the retailer who replaces the phone, and if the replacement is brand new, I don't see any reasons for the manufacturer's warranty for the replacement to be shorter than for a normal phone.

Bradden

Caryne wrote: »

No, I want to get to the bottom of the actual facts. When I buy something in a shop if it breaks and I get a new one then the warranty lasts from the date of the replacement (I know this as I have had these issues before). To me it is simply logical that the same would be the case with a phone - but it seems not.

I don't believe this is the case.. but I may be wrong. Can you back this up with the relvant legistlation which covers this?

Thanks

Caryne

Bradden wrote: »

I don't believe this is the case.. but I may be wrong. Can you back this up with the relvant legistlation which covers this?

Thanks

I havn't got any relevant legislation it's just something I was told when I had a similar problem with a TV some years ago.

Caryne

So Orange have just told me that they won't repair the phone as they don't have a repair centre and the won't replace it as it's outside the warranty. All they will do is sale me a new phone. They expect me to pay them a monthly fee until my contract ends (next March) when I have no service with them at all. How can this be right?

Caryne

grumbler wrote: »

AFAIK, BB's manufacturer's warranty is 1 year.
It is difficult to understand why the OP is "getting passed back and forward between carphonewarehouse and orange", but if the phone was supplied by CPW, then the CPW's warranty is 2 years for BBs.

If the phone is replaced the warranty is not reset. However, if it is the retailer who replaces the phone, and if the replacement is brand new, I don't see any reasons for the manufacturer's warranty for the replacement to be shorter than for a normal phone.

The phone was direct from Orange, I've never dealt with CarPhone Warehouse (that was just a question another poster above asked me)

grumbler

Caryne wrote: »

...They expect me to pay them a monthly fee until my contract ends (next March) when I have no service with them at all. How can this be right?

You have the service with them and can use it with any handset. The status quo is that networks deny existence of any relation between the handset they supply and the airtime contract.

You still can refer to the SOGA regardless of the length of the contract (see Consumer Rights Armour article), but after 6 months it is not easy.

Also you can try referring to the Supply of the Goods and Services Act (search the board) that does link the handset to the airtime contract, but this will not be easy either and will possibly require taking legal actions against Orange.