Lower spec item given for warranty repair

techno79

I purchased a Nexus 5 32GB phone (made by LG) about 8 months ago but it has developed a charging issue. I've contacted LG about a warranty repair which they are happy to take in and look at but they have just warned me that all Nexus 5 32GB phones are not UK spec. If the problem with my device requires a main board replacement then I would be given a 16GB board as that is the only UK spec item they have and provide.

I questioned whether it was because of where I purchased it from but they said it was the same problem even if I had purchased it from Amazon.co.uk or Google Play so it's not the fact of where I purchased it from.

Are manufacturers allowed to repair items under warranty with lower spec than the originally purchased item? It seems really unfair if this is the case. I always thought it was equivalent or higher spec.

shaun_from_Africa

techno79 wrote: »

Are manufacturers allowed to repair items under warranty with lower spec than the originally purchased item? It seems really unfair if this is the case. I always thought it was equivalent or higher spec.

It all depends on what the terms of the warranty actually state.
As a warranty is something that is in addition to your statutory rights, the warranty provider can have terms and conditions that would be legally unenforceable if you were attempting to get the phone repaired using Sale of goods act rights.


Who was it that you originally bought the phone from?

techno79

shaun_from_Africa wrote: »

It all depends on what the terms of the warranty actually state.
As a warranty is something that is in addition to your statutory rights, the warranty provider can have terms and conditions that would be legally unenforceable if you were attempting to get the phone repaired using Sale of goods act rights.


Who was it that you originally bought the phone from?

I purchased the phone from Expedite Electronics who handle warranty repairs directly. However, I went directly to LG assuming it would be less hassle. I'm now attempting to do the warranty claim via Expedite Electronics in the hope that they will replace things like for like.

Does the Sale of Goods Act say anything about equal or higher spec items being given as a repair/replacement or is there scope for a lower spec item to be given?

foxtrotoscar_2

Expedite Electronics looks to be a non UK Company, therein may lie the problem.

techno79

foxtrotoscar wrote: »

Expedite Electronics looks to be a non UK Company, therein may lie the problem.

Not according to LG. They said that LG offer a global warranty so it was still covered. But the "being replaced by 16GB version" was something that was irrespective of where it was purchased from. I specifically asked if this was the case with amazon.co.uk and Google Play (both of which I know have sold the Nexus 32GB in the past) and LG said it would be the same issue.

agrinnall

If the 32GB board is simply not available in the UK then I can see why a repair would have to use the 16GB one. What you should do is go to the retailer and advise them that an appropriate repair cannot be made so you want a refund - although that's likely to be less than a full refund give your 8 months use, and if they're not a UK company you may have difficulty getting anything. Perhaps your best option if you paid by card is to use S75 (for credit card) or Chargeback (for debit card).

antrobus

techno79 wrote: »

Not according to LG. ...

They appear to be based in Hong Kong. Specifically at Unit 1702, 101 King's Rd North Point, HK HK 852 hk

unholyangel

techno79 wrote: »

Not according to LG. They said that LG offer a global warranty so it was still covered. But the "being replaced by 16GB version" was something that was irrespective of where it was purchased from. I specifically asked if this was the case with amazon.co.uk and Google Play (both of which I know have sold the Nexus 32GB in the past) and LG said it would be the same issue.

Amazon.co.uk isn't a UK company either - its a trading name of Amazon EU Sarl who are in Luxembourg. Google play (or google commerce limited - as they are the contracting party) aren't a registered company in the UK but in Ireland.

What do the terms of the warranty state?

shaun_from_Africa

According to LG themselves:

Warranty Policy : During the Warranty period, LGEUK shall, at its option 1) repair the LG product using new or used parts that are equivalent to new in performance and reliability or 2) replace the LG product with a product that is formed from new and/or used parts that are equivalent to new in performance and reliability.

http://www.lg.com/uk/support-mobile/lg-D802

nomoneytoday

They may just change the charging module, leaving the main board..