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Android update caused bootloop

M0tty
M0tty Posts: 2 Newbie
edited 15 October 2015 at 1:04PM in Consumer rights
Does anyone know what my rights are re:software updates?

I downloaded & installed the latest android update onto my phone, which has stuck my phone in a bootloop, leaving it completely unusable.
The phone itself is Motorola, it's within warranty but apparently the warranty doesn't cover software.
With that in mind, a few questions:
1)Could the software exclusion in the warranty be considered unfair, considering the software that's caused the problem is necessary for the phone's function.
2)If the warranty doesn't cover it, how do I get motorola to take responsibility? I suspect they're likely to say it's not their fault since they didn't provide the update, but the software is necessary to run the phone. Could it be google's responsibility?
3)The phone is currently at the repair centre, but they haven't quoted me a price yet (the repair tracking system says it's not under warranty - awaiting quotation). Should I get them to send it back to me untouched until I've got Motorola to agree to take care of it?
4)with regards to the 1st 6 months assumption of fault, how does that apply to software updates? The phone was purchased more than 6 months ago, but the software that damaged my phone was only installed a week ago.

I'm also a bit confused by the legislation change, from the supply of goods and services act to the consumer rights act. The phone was purchased under the old legislation, but the update was downloaded & installed under the new legislation. Which is relevant here?

As an aside, does anyone know how much fixing this sort of fault is liable to cost? If it's not a huge amount I might decide the time worth pursuing it isn't worth the money.

Thanks
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Comments

  • cono1717
    cono1717 Posts: 762 Forumite
    Part of the Furniture 500 Posts Name Dropper
    edited 15 October 2015 at 12:49PM
    When you say bricked what do you mean. Does it still power on but is stuck in a boot loop, for example?

    Bricked is it wont power on at all not even a dismal little light no matter what you do. Note the emphasis on power rather than "go to the home screen as expected"

    If it does come on but won't go any further than the boot screen for example you can get many a free tool and tutorials from the old Googleplex get the phone back off Motorola and just sort it yourself.
  • JJ_Egan
    JJ_Egan Posts: 20,281 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    Problems are
    1 the update is not necessary for the phones function . Take it phone worked before you choose to update .

    2 i don't see how its Googles responsibility unless they supplied the phone and or directly supplied the update with no modification to you and not via a3rd party .

    3 motorola may not agree .

    4 Soga is six months from purchase and applies only to the vendor .


    Cost may be as simple as flashing a new update or as costly as a new motherboard .
  • wealdroam
    wealdroam Posts: 19,180 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Combo Breaker
    M0tty wrote: »
    Does anyone know what my rights are re:software updates?

    I downloaded & installed the latest android update onto my phone, which immediately bricked it, leaving it completely unusable.
    The phone itself is Motorola, it's within warranty but apparently the warranty doesn't cover software.
    With that in mind, a few questions:
    1)Could the software exclusion in the warranty be considered unfair, considering the software that's caused the problem is necessary for the phone's function.
    2)If the warranty doesn't cover it, how do I get motorola to take responsibility? I suspect they're likely to say it's not their fault since they didn't provide the update, but the software is necessary to run the phone. Could it be google's responsibility?
    3)The phone is currently at the repair centre, but they haven't quoted me a price yet (the repair tracking system says it's not under warranty - awaiting quotation). Should I get them to send it back to me untouched until I've got Motorola to agree to take care of it?
    4)with regards to the 1st 6 months assumption of fault, how does that apply to software updates? The phone was purchased more than 6 months ago, but the software that damaged my phone was only installed a week ago.

    I'm also a bit confused by the legislation change, from the supply of goods and services act to the consumer rights act. The phone was purchased under the old legislation, but the update was downloaded & installed under the new legislation. Which is relevant here?

    As an aside, does anyone know how much fixing this sort of fault is liable to cost? If it's not a huge amount I might decide the time worth pursuing it isn't worth the money.

    Thanks

    To answer your questions:

    1) you or I might think it is unfair, but there is no legislation that controls that sort of exclusion in a manufacturer's warranty. A warranty is in addition to your statutory rights and can include any reasonable conditions/exclusions.

    2) who supplied the software update? Not sure that even if Motorola supplied the update they have to take responsibility for it 'bricking' your phone. It could be Google's responsibility, but as many others have probably managed to install the update without issue, perhaps you need to look a gain at the process you followed. What update are you talking about.

    3) It's up to you. As mentioned above, Motorola have no obligation under warranty to provide a free repair if the terms of that warranty do not warrant the software update.

    4) The 'first six months' that you mention refers to the first six months following a sale. The only sale that I see here is of the phone.

    The first of your unnumbered questions can be answered by saying that the legislation that was in force at the time of the sale is that which applies. I.e. The Consumer Rights Act does not apply here.
  • bris
    bris Posts: 10,548 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    edited 15 October 2015 at 3:23PM
    No, you choose to update a perfectly good phone as sold to you. The retailer has no control over the software you choose to put on your phone.


    Motorola will likely help though if it's an approved update.


    P.s as for fixing it head over to XDA forums, it's easy when you get some knowledge, and they have it all in spades.
  • JJ_Egan
    JJ_Egan Posts: 20,281 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    Bootloop would be worth a factory reset .
  • unholyangel
    unholyangel Posts: 16,866 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    OP have you tried wiping it via your computer and then reinstalling the OS? Or have you tried reinstating a back up (if you've backed it up that is)?
    You keep using that word. I do not think it means what you think it means - Inigo Montoya, The Princess Bride
  • bingo_bango
    bingo_bango Posts: 2,594 Forumite
    1. Was this an operator update? i.e. did you buy the phone on contract from let's say O2, and they have provided an OS update for it?
    2. Or did you download and install a ROM from XDA or some of the other android forums?

    If the first, then it is up to the operator to sort it out. They provide the service.

    If the second, and Motorola are saying they didn't provide the update, then why do you say that it is necessary for the phone to operate? If the manufacturer don't feel the need to operate, then it is highly unlikely that it did indeed need the update. In that case they have no responsibility for any repairs.

    If it is indeed bricked, then flashing to the original firmware should resolve it. As bris says, get onto the XDA or preferred Android forums and get device specific help from the users there. Shouldn't take any more than an hour or two to sort it out (once you've read everything 5 times, as I've found to my cost that it generally takes at least that many goes to reflash :D)
  • I've already carried out a factory reset, to no avail.
    The reason I say necessary to operate is that obviously the OS is necessary to operate, and when I bought the phone (direct from motorola, sim free) I was also paying for the OS, and any subsequent system updates. Motorola was the vender for the original OS, and I believe it's up to them to send out system updates(?), so it's a service I paid for when I bought the phone, even if I don't pay for each individual update. That's how I've interpreted what I've read re:free things that come with bought goods, but I can find no specific advice, the closest I've found is Which? saying the consumer rights act may cover updates which cause the phone to cease functioning, except as someone else has already noted, I'm not under the CRA anyway.

    As for flashing to the original firmware, any advice I've found on fixing the issue have varied between going as far as a reset (which I can do, but didn't fix it) or are written for people who obviously play around with android a lot, but means very little to me.
    Would reflashing require anything that would void my warranty?
  • JJ_Egan
    JJ_Egan Posts: 20,281 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    Flashing may void your warranty and you would be best to go the Motorola route .

    See what they say first before anything .
    If you have it in writing that the updates where part of your original sale then that's a different matter .

    Two main reasons why updates fail are one user software on the phone or an incomplete download that only needs to be missing a byte or two .
  • HappyMJ
    HappyMJ Posts: 21,115 Forumite
    10,000 Posts Combo Breaker
    I have a quite a few old smart phones.

    Allowing the stock ROM to update sends the phone into a boot loop as there is insufficient memory on it for the updates.

    I've had to flash a different ROM from Cyanogenmod onto it just to get it to do something and make it usable.

    I now don't have the Play Store on it and it works fine but with zero apps at all.
    :footie:
    :p Regular savers earn 6% interest (HSBC, First Direct, M&S) :p Loans cost 2.9% per year (Nationwide) = FREE money. :p
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