Warranty on replacement phone.

gik

unholyangel wrote: »

Wasnt the replacement done under warranty?

If so, easy enough to argue that it was replaced in line with terms of the original contract and thus the replacement didnt breach the contract.

The oft repeated mantra is that the buyer's contract is with the seller...the seller has been cut out of the loop here but is now responsible for a phone they did not sell to the buyer?

unholyangel

gik wrote: »

The oft repeated mantra is that the buyer's contract is with the seller...the seller has been cut out of the loop here but is now responsible for a phone they did not sell to the buyer?

You mean the phone that was replaced under warranty - a warranty which formed part of the contract at time of sale?

gik

unholyangel wrote: »

You mean the phone that was replaced under warranty - a warranty which formed part of the contract at time of sale?

I mean the phone that was supplied by the seller and which now has disappeared because the buyer has not contacted the seller in the first instance (with whom they have the contract) for a resolution. Had the OP done so they may have had a correctly repaired original phone? I'm playing devil's advocate here BTW!

gik

unholyangel wrote: »

You mean the phone that was replaced under warranty - a warranty which formed part of the contract at time of sale?

Surely the seller should have been given their rights to provide a remedy? Again devils advocate?

unholyangel

You cannot contract out of your statutory rights as a consumer though.


Basically while they'd be right to turn you down if you replaced it yourself, having a replacement under warranty doesnt void the contract because it was replaced under the terms of the original contract and no terms of that contract can be used to void your statutory rights (iyswim?)