Contract phone conundrum

HazardsOn

Hi
I have a Blackberry Torch with t-Mobile and the 24 month contract is due for renewal in January 2014. The phone won't charge and the t-Mobile shop (EE) on Oxford Street said it is out of warranty so it couldn't be replaced or repaired.
However, I would contend that because I have the phone on contract and have not purchased it outright, they should repair/replace it for me. On the grounds that they have contracted to provide a service for 24 months, the handset should be serviceable for the length of the contract at least.

Does anyone know how best to play this? Does the Sale of goods Act apply to a contract phone? What is the best way to get a repair/replacement (even if your advice is to buy a replacement myself!)?
Grateful for any advice you can give.

grumbler

BernieF wrote: »

However, I would contend that because I have the phone on contract and have not purchased it outright, they should repair/replace it for me.

It doesn't matter is it outright or on contract. Sale of the Goods Act doesn't say that the supplier's obligations end when the warranty expires. However, after 6 months the onus lies on you to prove that the fault is not a result of user inflicted damage (that very often is the case for charging ports, but possibly can be classed as 'not fit for purpose').

On the grounds that they have contracted to provide a service for 24 months, the handset should be serviceable for the length of the contract at least.

Generally, this is covered by Supply of Goods and Services Act, but all networks vigorously deny any link between the handsets and the services and you'll probably have to take them to the court to enforce it - without any guarantee of success even if you can prove that it is manufacturing fault.

HazardsOn

Thanks for the response. I've just completed t-Mobile's online troubleshoot and followed their advice which was to call them. 20 minutes later (that's the phone call, the troubleshoot was another 20 mins) and they offered a warranty repair! It's just a shame I got bad advice in the store yesterday.

For the record, this is the second time I have had to call on the warranty, the last time was within 6 months of the contract start date. I think that is why the phone (i.e. the replacement I got last time) is still in warranty.

Fingers crossed for a smooth postal repair/replacement.

Buzby

Your contract is for the SIM, nothing else. The phone is an inducement to take out the contract, so if something goes wrong after 6 months, you need to prove it was inherently faulty, but this has no bearing on the contract which remains chargeable.

19lottie82

BB's have a 24 month warranty. Below shows through carphone warehouse, but my DSD's BB died and we got it repaired as the warranty was 24 months.

http://selfhelp.carphonewarehouse.com/SelfHelp/request.do?view()=c%7B79ae2a80-f9f3-11de-da00-000000000000%7D

contact Blackberry directly to get it repaired. (if yours in under 2 years old, that is)

grumbler

AFAIK it's CPW's warranty that they voluntarily extend for BBs, not the manufacturer's warranty.

http://uk.blackberry.com/content/dam/blackBerry/pdf/legal/europeMiddleEastAfrica/english/Handheld_Limited_Warranty_United_Kingdom_English.pdf

...the BlackBerry Hardware will be free from defects in workmanship and materials for a period that concludes one (1) year from the date that the BlackBerry Hardware was first purchased by YOU...