Mobile Phone Contract Question

harrpau7

[FONT=&quot]Just a quick question to begin with (may expand on my query dependant on responses/how my complaint goes), is the network provider (Orange, EE, O2 etc) or the phone manufacturer (Nokia, Samsung etc) responsible for the phone that was offered to you as part of an upgrade? I am being told that the network provider is only responsible for the things like the minutes, text messages, data etc and not the physical phone itself (again, I will elaborate more if needed). All I want to know is this true? I thought that if you are offered an upgrade then the phone is part of the contract as you would not have the physical phone that is offered as part of the upgrade unless you agree to upgrade and re-new your contract.[/FONT]
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[FONT=&quot]Thanks.[/FONT]

d123

harrpau7 wrote: »

Just a quick question to begin with (may expand on my query dependant on responses/how my complaint goes), is the network provider (Orange, EE, O2 etc) or the phone manufacturer (Nokia, Samsung etc) responsible for the phone that was offered to you as part of an upgrade?

Quite possibly neither.

The retailer who supplies the goods is responsible, which could be the network, but could also be through CarphoneWarehouse, Phones4U etc.

harrpau7 wrote: »

I am being told that the network provider is only responsible for the things like the minutes, text messages, data etc and not the physical phone itself (again, I will elaborate more if needed). All I want to know is this true?

Yes, this is normally the way it works, the handset is supplied outside of the service contract, so even if the network supplied the handset, it might be liable for the handset in terms of SoGA, but as a separate contract to the provision of network services.

For example, breaking or losing a handset, or even a handset becoming faulty will have no bearing in the provision of network service or paying your monthly contract.

grumbler

d123 wrote: »

Quite possibly neither.

Why neither? The manufacturer is always responsible.
Re the network, this indeed depends.

macman

The manufacturer is responsible for as long as the manufacturer's warranty lasts. So, if you have a one year warranty (thoughh some phones now have two) and a 24 month contract, and the phone fails in the second year, then your only resort is a claim against the retailer under SOGA, which is by no means guaranteed to succeed, and would have to be financed upfront in terms of court fees and an engineer's report.
It would help if the OP would put it in context.

d123

grumbler wrote: »

Why neither? The manufacturer is always responsible.
Re the network, this indeed depends.

In terms of SoGA I would say the contract would be made with the retailer of the goods, manufacturers warranty is not part of the statutory rights that I presumed the OP was alluding to.

harrpau7

macman wrote: »

The manufacturer is responsible for as long as the manufacturer's warranty lasts. So, if you have a one year warranty (thoughh some phones now have two) and a 24 month contract, and the phone fails in the second year, then your only resort is a claim against the retailer under SOGA, which is by no means guaranteed to succeed, and would have to be financed upfront in terms of court fees and an engineer's report.
It would help if the OP would put it in context.

Basically I am 5 months into an upgrade and I have had to have the phone replaced twice. The person I spoke to was quite blunt in telling me that once the standard 6 month warranty expires I then have to pay a £25 excess fee if the phone breaks as part of my extra warranty (which I pay extra for every month). When I said that mobile phines breaking twice within 5 months is not good enough and that the phones provided were not fit for purpose, I was told that the network provider are not responsible for the phone as the contract offered (minutes, texts, data etc) can be used on any phone. They said the contract is only for the said minutes, text etc and not for the phone itself, even though the phone was included in the upgrade.....

d123

6 month warranty? Was this a new phone? And who is the network?

Silk

Was the upgrade done direct with the network or was it through a third party ?

Why is it only 6 months warranty ..was it a refurb ?

grumbler

"6 months" is obviously the term from the SOGA that retailers misuse to fob the customers off after it expires.

MSE article for the OP: Consumer Rights

harrpau7

I was told the 6 months is the standard manufacturers warranty, after that the warranty I pay monthly for kicks in and that is what I would use in the future (with the excess fee). This is why I am trying to determine in general if the network provider is responsible for the phone when it keeps breaking and I have to have a replacement or not (like I have had twice in 4 months).

Silk

harrpau7 wrote: »

I was told the 6 months is the standard manufacturers warranty, after that the warranty I pay monthly for kicks in and that is what I would use in the future (with the excess fee). This is why I am trying to determine in general if the network provider is responsible for the phone when it keeps breaking and I have to have a replacement or not (like I have had twice in 4 months).

I'll try again

Was the upgrade done through the network or a 3rd party

Who told you it was a 6 month warranty ....was the phone a refurb