Cracked screen means two year warranty not valid?

littlemissy29

Hi all - Hope someone can help. About 6 months ago I dropped my HTC M8 phone and cracked the screen. One crack running along the width of the phone.
No issues with the operation of it in any way - I made a couple of inquiries (not with HTC) into how much it would be to fix and was quoted over £100 on both occasions - so decided to leave it as it was.

My phone has recently developed a common M8 camera fault - a buzzing sound coming from it when the camera is turned on and it not focusing at all. Essentially the camera is unusable.

EE are stating they wont take it back for a repair as the warranty is no longer valid - Even though they have admitted and are in agreement the screen crack and the camera fault are not related.

I have 9 months left on the contract - so cannot just pay it out and move on. Am I being unreasonable expecting EE to get the known camera fault fixed whilst the phone is within the 2 year warranty period?

Thanks - LM29

grumbler

littlemissy29 wrote: »

My phone has recently developed a common M8 camera fault - a buzzing sound coming from it when the camera is turned on and it not focusing at all. Essentially the camera is unusable.

EE are stating they wont take it back for a repair as the warranty is no longer valid - Even though they have admitted and are in agreement the screen crack and the camera fault are not related.

If they really admitted this and you have proofs, then they have obligations under SoGA regardless of any manufacturer's warranty.

MSE article:

• Consumer Rights

I have 9 months left on the contract - so cannot just pay it out and move on.

Well, a new contract isn't the only way of getting a new phone. You can buy it sim-free. Also, a camera isn't the most essential feature of a mobile phone.

Am I being unreasonable expecting EE to get the known camera fault fixed whilst the phone is within the 2 year warranty period?

The warranty was invalidated by the broken screen. Even if you manage to get the camera repaired by EE, you'll have to pay them for replacing the screen first.

JJ_Egan

2 year warranty would be from HTC and yes they would void it due to damage .
Its usually subject to their terms and conditions .

Your rights against the vendor are via the Sale Of Goods Act and its successor .However as its over six months old its up to you to prove via an independent report that it has an inherent fault .

Topper1900

Why are they saying the warranty is no longer valid, because you have a cracked screen which hasn't been fixed, or because you've cracked the screen in the first place, if the latter I can't see they have a leg to stand on as if you had the screen fixed they'd never know it had been cracked? If the former I think you need confirmation in writing along with reference to where such a claim is not covered by the warranty, I can't see the following clause is a valid reason to reject the camera fault?

"This Limited Warranty does not cover physical
damage to the surface of the Product including but not limited
to cracks or scratches on the LCD screen or camera lens"

d123

Topper1900 wrote: »

Why are they saying the warranty is no longer valid, because you have a cracked screen which hasn't been fixed, or because you've cracked the screen in the first place, if the latter I can't see they have a leg to stand on as if you had the screen fixed they'd never know it had been cracked? If the former I think you need confirmation in writing along with reference to where such a claim is not covered by the warranty, I can't see the following clause is a valid reason to reject the camera fault?

"This Limited Warranty does not cover physical
damage to the surface of the Product including but not limited
to cracks or scratches on the LCD screen or camera lens"

OP dropped the phone, it will be pretty difficult to get an independent report to state that dropping the phone would not have caused other internal damage.

The relevant term in the warranty says:

THIS LIMITED WARRANTY SHALL NOT APPLY IF THE DEFECT WAS CAUSED THROUGH ANY OF THE FOLLOWING:

use other than in accordance with the user manual, rough handling, exposure to moisture, dampness or extreme thermal or environmental conditions or a rapid change in such conditions, corrosion, oxidation, unauthorized modifications or connections, unauthorized opening or repair, repair by use of unauthorized spare parts, accidents, forces of nature, or other actions beyond the reasonable control of HTC (including but not limited to deficiencies in consumable parts) unless the defect was caused directly by defects in materials or workmanship.

How does the OP prove the fault isn't caused by the drop? You think any expert is going to disagree with HTC's report that the fault could reasonably be a result of the drop that was of such force to crack the screen?

HTC will normally repair the issue if the OP pays for the screen to be replaced, probably th best outcome unless they are tremendously lucky with HTC customer service.

Topper1900

d123 wrote: »

OP dropped the phone, it will be pretty difficult to get an independent report to state that dropping the phone would not have caused other internal damage.

The relevant term in the warranty says:



How does the OP prove the fault isn't caused by the drop? You think any expert is going to disagree with HTC's report that the fault could reasonably be a result of the drop that was of such force to crack the screen?

HTC will normally repair the issue if the OP pays for the screen to be replaced, probably th best outcome unless they are tremendously lucky with HTC customer service.

I just assumed the OP was telling the truth when they said "Even though they have admitted and are in agreement the screen crack and the camera fault are not related.

If they are they don't need to prove anything?

d123

Topper1900 wrote: »

I just assumed the OP was telling the truth when they said "Even though they have admitted and are in agreement the screen crack and the camera fault are not related.

If they are they don't need to prove anything?

I suspect that's just wishful thinking or a CSA just making the right sympathetic noises to keep the customer calm which the OP has taken to be agreement.

LittleMissy29 wrote:

EE are stating they wont take it back for a repair as the warranty is no longer valid - Even though they have admitted and are in agreement the screen crack and the camera fault are not related.

EE haven't even had the phone back yet, let alone an engineer or technician actually examined it and determined what the actual issue or cause is. That won't happen until the phone arrives at a repair centre (after the OP agreed to pay to repair the non-warranty damage) for assessment.

I have seen other people get faults repaired under the same agreement where cracked screens have caused the warranty to be voided, HTC will repair the screen (which is a paid for repair) and then if no other physical damage is noted will reinstate the warranty and repair the fault before they replace the LCD.

OP would probably have to deal direct with HTC to see if that's still possible.