Network provider responsibilities.

thegrifter

I have an HTC phone on contract with 3, the phone has developed a faulty screen so I went in to the store today to get them to send it back but was informed that it's up to me to contact HTC directly and organise for it to go back. I told them my contract is with them and that it was their responsibility but they wouldn't budge.

There was an upfront fee for the phone so technically I bought it from them.

Who is right?

Thanks in advance

JJ_Egan

Contract is for the network not the phone .
But SOGA says its the vendor who is responsible not the manufacturer anyway .
So the vendor is your first step .
If the phone is over 6 months old its up to you to prove via an engineers report that it was not damage but a manufacturing fault or should have lasted longer .

Esqui

You're right.

Now, I presume you want a working phone quickly, so cut out the middle man and go to HTC directly. It will save you a lot of hassle, and the seller are still liable if the repair is not done in a reasonable time or causes significant inconvenience.

unholyangel

JJ_Egan wrote: »

Contract is for the network not the phone .
But SOGA says its the vendor who is responsible not the manufacturer anyway .
So the vendor is your first step .
If the phone is over 6 months old its up to you to prove via an engineers report that it was not damage but a manufacturing fault or should have lasted longer .

Where goods are provided under a contract for services, it is the supply of goods and services act which applies, not the soga. Also, your contractual rights are with the service provider, not the seller (although the 2 might be one and the same).