2nd repair of product whilst still under warrantee

Good day to you all. I wanted, if possible, to gain the opinion of knowledgeable people like you. (I assume you are veterans of consumer rights if you are reading this). I have a Samsung S23 Ultra which I bought directly from Samsung. It developed a camera hardware fault whilst still under warrantee (6 months) and I was informed, by Samsung,  to take it to EE to have them send it off to repair. My device came back and now it has a GPS antenna hardware issue. Samsung inform me I have to send it off for a repair again, despite the fact it is still under warrantee. Am I being a bit sensitive in assuming that after my 7 month old, thousand pound device, having a second no-fault) hardware issue, assuming that I should be given a relacement rather than a further repair.
«1

Comments

  • Dates and all that kinda important stuff matters as does WARRANTY 
  • If you are making a claim under the manufacturer's warranty then all that matters are the terms and conditions of that warranty. You can't ask for anything over and above that. 

    On the other hand if you were making a claim under the Consumer Rights Act then after an initial repair had failed again you'd be able to reject the item and get a refund (with some deduction for usage). You could certainly try that approach with the retailer but they may insist that your first repair was under the warranty and doesn't count as their one attempt to repair allowed by the CRA. 

    There really isn't any way to force a replacement rather than a repair. 
  • Thanks for the replies. I knew I would get some excellent advice. I am not necessarily looking for a brand new replacement, I would just like a device that works as it should. I shall probably send my device away again for repair, although that will leave me without a phone for a few days, but my concern is whether repeatedly opening my device, and playing around inside, will ultimately cause damage. Hopefully, they are experts and will know what they are doing.
  • Okell
    Okell Posts: 597
    First Post Name Dropper
    Forumite
    ... Am I being a bit sensitive in assuming that after my 7 month old, thousand pound device, having a second no-fault) hardware issue, assuming that I should be given a relacement rather than a further repair.
    Perhaps you might be being a touch sensitive... - but you certainly aren't being unreasonable in expecting a £1000 device not to fail twice within 7(!) months.

    For clarity, who did you actually buy it from? 

    You say that you bought it direct from Samsung and that when it failed the first time Samsung advised you to "take it to EE to send it off for repair".   

    Was it the same "Samsung" you bought it from who advised you to take it to EE?

    And when it failed the first time, was that within 6 months of you taking delivery of it?

    And when it failed that first time, did you tell Samsung you were exercising your statutory rights under the Consumer Rights Act 2015 (legislation.gov.uk) rather than trying to claim under warranty?

    What was the exact date you took delivery of it?

    What was the date it failed first time?

    What was the date it failed second time?

    (Top tip - when you buy an expensive bit of kit and it fails either (a) within 30 days or (b) within 6 months of delivery, check whether the Consumer Rights Act 2015 (legislation.gov.uk) gives you better protection than any seller's or manufacturer's warranty you might also have.  The legislation might give you better protection but you need to make it clear to the seller that that is what you are relying on.)
  • For clarity, I purchased the device direct from Samsung.com in February and the first fault [camera] was reported to samsung.co this month. [7 months]. It was Samsung support who told me to take it to my nearest EE store as my nearest Samsung store is over 70 miles away. I have the chat script where they advised this. EE sent it for repair and I collected it the next day. The second issue [internal GPS antenna] became apparent the first time I tried to use it after repair. I again contacted Samsung support [same as previous] who say that I must send it for repair again, this time to them. 
    My worry is that the device has faults and each time it is repaired, another occurs. I hope I am wrong and it comes back functioning exactly as it should but Samsung were unable to tell me how long I will be without my phone.
  • Thanks for the above replies, they are really useful and I appreciate them. I guess I must allow Samsung to repair my device a second time and must hope that opening it up and messing inside it for a second time doesn't detract from the quality of the product moving forward. I generally like to keep my mobiles for 5 or 6 years than replace each time a new model is released so I guess this is my biggest concern. Many thanks for bringing my expectations into line regarding a replacement.
  • Thanks for the above replies, they are really useful and I appreciate them. I guess I must allow Samsung to repair my device a second time and must hope that opening it up and messing inside it for a second time doesn't detract from the quality of the product moving forward. I generally like to keep my mobiles for 5 or 6 years than replace each time a new model is released so I guess this is my biggest concern. Many thanks for bringing my expectations into line regarding a replacement.
    If you bought it direct from Samsung then I think you would have a strong case to say they've had their one attempt to repair that the consumer rights act allows and you would now be within your rights to reject the phone and get a refund. 

    The refund would likely be pro-rata on the life of the product though - what's a phone's life 3 years? so you might get 80% of your money back if you insist on it. 
  • You dont have the right to demand a replacement but as this is the second fault you've had with the item and you've made the retailer aware/followed their instructions you are entitled under the Consumer Rights Act to "a final right to reject" the goods under section 24(5)(a)  

    As others have mentioned, as the item is over 6 months old now the merchant is entitled to reduce the refund to reflect the use you had prior to the fault occurring. 

    Johnnie_Walker said:
    I assume you are veterans of consumer rights if you are reading this
    A potentially dangerous assumption to make, no one here is audited or qualifications checked. Most certainly offer advice to the best of their ability but there have been some long standing members who continuously promoted some odd ideas/advice. 
  • I am grateful for the advice above, and thanks for pointing out that I should be careful not to take all advice as fact. All I really want/need, is the knowledge that I will have a fully working device. I guess however Samsung decide to provide that is up to them. I shall speak with an advisor from Samsung this afternoon and update with their plan. Cheers
  • Johnnie_Walker said:
    I guess however Samsung decide to provide that is up to them. I shall speak with an advisor from Samsung this afternoon and update with their plan. Cheers
    With your final right to reject is not up to them, they have to refund it (less usage if they want). You are however free to accept some other offer from them if you want to. 
Meet your Ambassadors

Categories

  • All Categories
  • 341.6K Banking & Borrowing
  • 249.7K Reduce Debt & Boost Income
  • 449.1K Spending & Discounts
  • 233.7K Work, Benefits & Business
  • 605.9K Mortgages, Homes & Bills
  • 172.4K Life & Family
  • 246.7K Travel & Transport
  • 1.5M Hobbies & Leisure
  • 15.8K Discuss & Feedback
  • 15.1K Coronavirus Support Boards