Phone damaged whilst in EE/Orange's custody - what are my rights?

diamonds

d123 wrote: »

But it's not sealed, the moment it enters a polluted environment, the pollutants are inside the phone. The box might be "sealed" in the way you mean, (a seal is placed on the box), but the phone is not sealed by any interpretation of the word.

You imply a unapproved opening and parts of the unit will not void a warranty then (even if no repair is done), a sealed phone leaves a protective environment and approved repairers are authorised to "break the seal" ie open the product for servicing. I can assure you the environment these repairs are done in by third party subcontractors is far from the factory environment manufactured or protective environment needed with such devices, a mobile phone is a sensitive radioactive piece of electronic telecommunications device and thus the safest it will be unopened and undamaged is "factory sealed".

diamonds

Rusty! wrote: »

There is no legal definition of "manufacturer sealed" you're just making stuff up to try and make your point now.

No I am not, read above.

Rusty!

If your not, find me this "legal definition" that you're talking about.

diamonds

Rusty! wrote: »

If your not, find me this "legal definition" that you're talking about.

Your warranty for a start...

Use a unapproved repairer and try claim under warranty at a later date, its in the warranty terms and conditions - are based on law, a sealed unit opened by an unapproved party from the manufacturer. Go open your phone take it to bits then rebuild it then send it for warranty repair, then go a court and try enforce the repair you require. No court will back your hypothesis

Rusty!

Actually I have had a phone repaired under warranty after I had taken it apart, but that's neither here or there.

I don't know why you've brought up unapproved repairs either, the networks use the same places as the manufacturers, they're simply middlemen in the warranty process.

d123

diamonds wrote: »

Your warranty for a start...

Use a unapproved repairer and try claim under warranty at a later date, its in the warranty terms and conditions - are based on law, a sealed unit opened by an unapproved party from the manufacturer. Go open your phone take it to bits then rebuild it then send it for warranty repair, then go a court and try enforce the repair you require. No court will back your hypothesis

You were asked about the "legal definition" of "manufacturer sealed".

What does "disassembly" got to do with "sealing"? Taking a phone apart is in no way "unsealing" it.

diamonds

d123 wrote: »

You were asked about the "legal definition" of "manufacturer sealed".

What does "disassembly" got to do with "sealing"? Taking a phone apart is in no way "unsealing" it.

Sealed, open and closed by a manufacturer or their approved parties.

Well funny enough 'disassembly' is the opposite of sealed ie a closed 'assembled' unit, in a broader context to make it easier for yourselves...the same applies to basic principles of law and legislation....


In law there is right and wrong !! (Then the argument inbetween presided by a official of state as independent and impartial.)


In a closed electronic device the onus for the warranty even if you legally own it is you are not authorised to open the device and make warranty returns/repairs during such time as the EU/UK legislation covers you for.




Legally the device internals are sealed from you, you break warranty by authorising anyone to open the sealed unit the manufacturer has NOT approved for such action/s in any time period/limited offered by the manufacturer or legislation.



Break warranty an no court is going to agree with you because you want them too, EU/UK legislation already covered your !!! with warranty, you had a unauthorised party OPEN the SEALED unit. You are now liable for its warranty and repair costs.

diamonds

:cool:

Rusty! wrote: »

Actually I have had a phone repaired under warranty after I had taken it apart, but that's neither here or there.

I don't know why you've brought up unapproved repairs either, the networks use the same places as the manufacturers, they're simply middlemen in the warranty process.

Exactly so why mention it, waste the courts time rattling on about something not connected. You appear in court with the facts and relevant legislation, not a sob story and stamping your feet like daddys little princess or mummys blue eyed boy you dont agree and you want what you want with a 'its not fair' attitude (Which does happen in self representation small claims courts I assure you).


The protective environment for manufacturing and assembly is a protective one, a third party 'repairer' environment need not be so, thus you can request the manufacturer repair in such environment or replace with a sealed unit. That in court is not a unreasonable request from the legal owner of the device.



You can use the network or manufacturer approved third party which is crazy, your warranty is by the manufacturer you can demand THEY do the warranty repair in a protective environment to a same standard as the manufacturers process. Again that would not be deemed unreasonable by a court given current UK legislation or EU Directives.


It would again not be unreasonable to have use of a like for like electronic device under the warranty while your product is sent to a manufacturer, but dont expect any manufacturer to agree to the above easily due to cost (outsourcing a warranty is so much cheaper) but the reality is the legislation/Directives would not see such requests as excessive on a warranty claim and thus neither would a court.




Class is over for today children Evening supper time

d123

diamonds wrote: »

The protective environment for manufacturing and assembly is a protective one, a third party 'repairer' environment need not be so, thus you can request the manufacturer repair in such environment or replace with a sealed unit. That in court is not a unreasonable request from the legal owner of the device.



You can use the network or manufacturer approved third party which is crazy, your warranty is by the manufacturer you can demand THEY do the warranty repair in a protective environment to a same standard as the manufacturers process. Again that would not be deemed unreasonable by a court given current UK legislation or EU Directives.

You could also demand a unicorn, or for the fairies at the bottom of the garden to show themselves.

Clean room warranty centres don't exist in the real world. I've been in authorised service centres (of several makes) and even a manufacturers own repair centre, they are all simply workshops, with a workbench per technician, computers and some bespoke machines for diagnosis etc and not much else.

The Nokia service centre used to have excellent tea making facilities though .

diamonds

No idea how you can demand that like given no existence is known of them or legislation around such, but keep reading your LAW book



Exactly! Its quite acceptable to request the warranty to be done in such environment as the item was 'sealed' for the security of your warranty and product life