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Orange breaking law on warranty?

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  • NFH
    NFH Posts: 4,413 Forumite
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    UserX wrote: »
    Beats me how these companies can insist on us signing up for 2 year contracts but then fail to provide working phones for the full contract period. It seems unjust, somehow.
    Yes, that's why you can demand a free repair or replacement under Section 11N of the Supply of Goods and Services Act 1982. You might be able to claim retrospectively, although it might be hard if you no longer have the defective goods.
  • grumbler
    grumbler Posts: 58,629 Forumite
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    simax wrote: »
    It would also have to be proved that the phone was faulty upon supply to the user for SoGA to apply (inherant fault). This evaluation will have to be paid for by the user.
    Not true on two counts:
    1. the phone was supplied less than 6 months ago.
    2. the fault didn't have to present when the phone was supplied. I could develop later as a result of some flaw in design or bad repair. Of course, a refurbished phone isn't supposed to last as long as a new one, but surely 6 months isn't a reasonable time for it to last.
  • gjchester
    gjchester Posts: 5,741 Forumite
    UserX wrote: »
    Beats me how these companies can insist on us signing up for 2 year contracts but then fail to provide working phones for the full contract period. It seems unjust, somehow.

    With respect no-one insisted you to sign a 2 year contract, and in many cases buying a Sim free phone and a SIM only contract is cheaper over the term, you just need to find the phone cost in one up front lump sum.
  • Silk
    Silk Posts: 4,836 Forumite
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    grumbler wrote: »
    Not true on two counts:
    1. the phone was supplied less than 6 months ago.
    2. the fault didn't have to present when the phone was supplied. I could develop later as a result of some flaw in design or bad repair. Of course, a refurbished phone isn't supposed to last as long as a new one, but surely 6 months isn't a reasonable time for it to last.
    Problem is the phone was supplied in July 2012
    It's not just about the money
  • Stoke
    Stoke Posts: 3,182 Forumite
    edited 5 December 2013 at 2:08PM
    Seems to be pot-luck, when I was on T-Mobile years ago, I had a HTC Wizard as my device. The headphone socket failed and instead of a repair, they replaced the device. It failed again a few months later and they simply replaced it again. Clearly not keen on the repairs, but I wasn't complaining.

    However, I've been on Three for the last few years and they're the opposite. I previously had an INQ1 which was Three's 'Internet device' and mine had a massive problem with overheating. My dad had one too and that was fine, but when browsing or just using mine general, it would get so hot that the aluminium cover would burn your hands and if used for a few minutes it would cut out and a warning symbol would appear on the screen.
    To demonstrate how hot it got, I bought a cheap universal phone cover off eBay and video'd it warping the plastic due to it getting so hot! I took it back three times, and each time the Three staff acknowledged there was a problem with it, sent it off for repair/replace yet I received the same device back with a note explaining what they'd fixed...

    1st - Software update. Didn't fix it.
    2nd - New charging circuit. Didn't fix it... not sure how it would because it did it all the time, just in general use...
    3rd - Didn't actually fill in the form so no idea.

    Clearly, I needed a new device but they were adamant it could be fixed. Eventually the screen cracked due to the amount of heat being given off.

    I'm not on Sim only with a Nexus 4. Google's Warranty is excellent. They replace only. Don't even send you a repair usually. They just send a replacement. They even send it before they receive yours, so you aren't without a device. I've used it once and it was very very good!!!
  • NFH
    NFH Posts: 4,413 Forumite
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    Silk wrote: »
    Problem is the phone was supplied in July 2012
    Where did you read that?
  • Silk
    Silk Posts: 4,836 Forumite
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    NFH wrote: »
    Where did you read that?

    In the tread .....

    "The warranty has run out with apple, or they would have replaced it. I also went to the genius bar for an actual appointment. The phone was replaced in July 2012, by orange insurance (it wasn't 2013 as said in previous post, apologies for the error, I heard her wrong!).

    ."
    It's not just about the money
  • NFH
    NFH Posts: 4,413 Forumite
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    This is a hardware problem with the phone, as I purchased the phone with orange they should be liable to replace it but they wont. Apple would but as it came through orange they are telling me to go to them.
    I'm confused. I understood that the phone was supplied by an insurance company, not by Orange. Unless Orange are also the insurance company (e.g. Orange Care), then the new phone has nothing to do with Orange.
  • JJ_Egan
    JJ_Egan Posts: 20,281 Forumite
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    Phone replaced by an insurance provider .
    July 2012.

    Phone original purchase was Jan 2012 .

    Twelve months down the line has long passed .

    Legal warranty is not two years .
    Claim has to be made against the supplier which is the insurance company or its agent . They are bound to say its out of warranty as its gone twelve months .
    Only claim would now be as said via Soga against the supplier of the second phone .
  • UserX
    UserX Posts: 178 Forumite
    gjchester wrote: »
    With respect no-one insisted you to sign a 2 year contract, and in many cases buying a Sim free phone and a SIM only contract is cheaper over the term, you just need to find the phone cost in one up front lump sum.

    Of course. In my case, the iPhone in question was actually my work's phone, and covered by their insurance. My personal phone is just as you say - one I bought and run a SIM only contract one :cool:

    Nonetheless, for people who do choose to take out a 2 year contract, I don't think it's unreasonable for them to expect that the piece of equipment they are provided with will last the duration of that contract!
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