Samsung - Warranty woes

ArtyDooty

I bought my other half a Samsung Galaxy Z Flip 3 when they first came out, direct from Samsung. 9 months after it arrived, the inner screen failed. I sent it off for repair and was told that I would have to pay to have the inner screen repaired due to a tiny (and I mean TINY) scratch on the outer hinge. When I pointed out that this was nothing to do with the fault, they told me I had to pay for it as the repair will 'restore the device to warranty standard'. Ok I say, and duly part with around £380 for a new screen.

The newly repaired device comes back and almost 9 months to the day after this, it fails again. Same issue - the screen fails at the inner fold. This time I get onto Samsung via their Live Chat, and I am told that my best bet is to go into the Liverpool Samsung store and get the device assessed and repaired there. This I do - I have a bit of a battle with them but they agree to repair under warranty. Here I am told again that the device will be restored to warranty standard and the repair will be covered by a 12 month warranty. Device is repaired and returned.

Screen has failed yet again - exactly the same issue, and just about 9 months after the last repair. Rather than going through all the pain of the live chat process again, I went straight to the Liverpool store. Here I was somewhat dismayed to be told that I would again have to pay for another screen repair as the warranty on the repair (which, don't forget, 'restores the device to warranty condition') is in fact only 90 days, not the 12 months we were told.

I have raised this with Samsung directly, and escalated to a formal complaint. However they are sticking to their guns. I found an FAQ on Samsung's own repair website which states that 'All Samsung Repair repairs are guaranteed for twelve months from the date they are undertaken. The guarantee is 100% no-quibble'. However it trranspires that this applies only to out-of-warranty repairs!

What recourse do I have, if any? I feel that offering only a 90-day warranty on a repair that they themselves state restores the device to warranty standard, as well as the fact the Liverpool store lied to us (for which I have no evidence - my word against theirs), together with what would appear to be a clear manufacturing or design issue rendering the device useless every 9 months is completely unfair and immoral.

My only current option with this handset is to shell out another £350+ for another new screen in the full knowledge that it will almost certianly fail again in another 9-12 months (which I am obviously not going to do).

They were cheeky enough to offer to trade in the broken phone for a nice new Z Flip6 though!

Ergates

When did you buy the item?

ArtyDooty

Ergates said:

When did you buy the item?

November 2021. 

Olinda99

definitely don't fork out for a new screen if you look on eBay the flip 3 is selling for much less than that

if you download the Samsung shop app then they are offering 300 pounds off trade in any galaxy Z in any condition off a flip 6 until 3 sept. Also 5% off your first order. Also a free watch 'worth' £289.

this may not be for you but thought I would mention it

ArtyDooty

Olinda99 said:

definitely don't fork out for a new screen if you look on eBay the flip 3 is selling for much less than that

if you download the Samsung shop app then they are offering 300 pounds off trade in any galaxy Z in any condition off a flip 6 until 3 sept. Also 5% off your first order. Also a free watch 'worth' £289.

this may not be for you but thought I would mention it

No intention of paying for a new screen at all, especially with Samsung. I am more looking for clarity around the legality of their repair warranty. I can't believe that it is appropriate (or legal?) not to cover an item that was replaced as a repair less than 12 months ago - especially when they make you pay (if there is other cosmetic issues) to bring the device back to warranty standard. Why do this if it is not under an effective warranty?

Ergates

Warrantees are over and above your consumer rights.  They can have whatever (lawful) restrictions on them that the provider chooses - but they do not replace and cannot infringe upon your rights under the CRA.

Your contract is with the retailer not the manufacturer - take it back to them.  If you bought it directly from Samsung (rather than a phone shop) then make sure they know you're asking for resolution under your consumer rights, not under the warrantee.

They may ask that you get a report that indicates that the failure is due to a flaw in the product rather than as a result of something you've done.   Given it's already failed multiple times previously this shouldn't be an issue.   

They have options of how to resolve this - a repair, replacement or refund.   If they go the refund route, they're *very* unlikely to offer a full one. 

The type of offer Olinda99 suggests above might also give you a better outcome.

ArtyDooty

Ergates said:

Warrantees are over and above your consumer rights.  They can have whatever (lawful) restrictions on them that the provider chooses - but they do not replace and cannot infringe upon your rights under the CRA.

Your contract is with the retailer not the manufacturer - take it back to them.  If you bought it directly from Samsung (rather than a phone shop) then make sure they know you're asking for resolution under your consumer rights, not under the warrantee.

They may ask that you get a report that indicates that the failure is due to a flaw in the product rather than as a result of something you've done.   Given it's already failed multiple times previously this shouldn't be an issue.   

They have options of how to resolve this - a repair, replacement or refund.   If they go the refund route, they're *very* unlikely to offer a full one. 

The type of offer Olinda99 suggests above might also give you a better outcome.

That's helpful thank you. I might take them down the 'resolution under consumer rights' route, if only to make them work the issue a little more. I have had (and actively preferred) Samsung devices for many years, but this loyalty apparently means absolutely nothing to them - something one of their representatives actually said to me, although not worded quite like that. 

It's very disappointing that a company as big as Samsung feels like they are able to sell obviously flawed devices without consequence.

Okell

ArtyDooty said:

Ergates said:

Warrantees are over and above your consumer rights.  They can have whatever (lawful) restrictions on them that the provider chooses - but they do not replace and cannot infringe upon your rights under the CRA.

Your contract is with the retailer not the manufacturer - take it back to them.  If you bought it directly from Samsung (rather than a phone shop) then make sure they know you're asking for resolution under your consumer rights, not under the warrantee.

They may ask that you get a report that indicates that the failure is due to a flaw in the product rather than as a result of something you've done.   Given it's already failed multiple times previously this shouldn't be an issue.   

They have options of how to resolve this - a repair, replacement or refund.   If they go the refund route, they're *very* unlikely to offer a full one. 

The type of offer Olinda99 suggests above might also give you a better outcome.

That's helpful thank you. I might take them down the 'resolution under consumer rights' route, if only to make them work the issue a little more...

It won't make them "work the issue a little more..." - it's you who will have to do the work.

Because it's over 6 months - in fact nearly three years - since you bought it, they will tell you that if you want to enforce your consumer rights then the burden of proof is on you to prove that the failure s due to an inherent fault or manufacturing fault that was present when you bought it.

The usual advice here is that in order to satisfy that burden you need to get some kind of independent expert report to that effect.  Try a 'phone repair shop.  If you have to pay for the report you can claim that back from Samsung if your consumer rights claim succeeds.

I'm not necessarily convinced that you always need an expert report.  If an expensive item that you'd expect to be reasonably durable repeatedly fails in the same manner every nine months I'd suggest that that on its own is prima facie evidence that it has a manufacturing or design fault.  Such an argument might convince a court - or it might not.

If you can gather evidence from Samsung forums that this is a common fault with the 'phone that might help - or might not.  The legal onus of proof is on you to prove that there was something inherently wrong with it when you bought it and that the fault is not due to your handling of it.  Samsung don't have to prove anything.

Even if you can establish your claim Samsung might argue that because you previously had the repair done under warranty rather than under the Consumer Rights Act 2015, then they should still be allowed one more attempt to repair or replace it.  In which case you would argue that it doesn't matter how you had it repaired previously as Samsung have had more than enough opportunity to fix it.

Even if you do win your claim and are entitled to a refund, Samsung can discount your refund to reflect the two years and nine months that you've been able to use the 'phone

born_again

ArtyDooty said:

Ergates said:

Warrantees are over and above your consumer rights.  They can have whatever (lawful) restrictions on them that the provider chooses - but they do not replace and cannot infringe upon your rights under the CRA.

Your contract is with the retailer not the manufacturer - take it back to them.  If you bought it directly from Samsung (rather than a phone shop) then make sure they know you're asking for resolution under your consumer rights, not under the warrantee.

They may ask that you get a report that indicates that the failure is due to a flaw in the product rather than as a result of something you've done.   Given it's already failed multiple times previously this shouldn't be an issue.   

They have options of how to resolve this - a repair, replacement or refund.   If they go the refund route, they're *very* unlikely to offer a full one. 

The type of offer Olinda99 suggests above might also give you a better outcome.

That's helpful thank you. I might take them down the 'resolution under consumer rights' route, if only to make them work the issue a little more. I have had (and actively preferred) Samsung devices for many years, but this loyalty apparently means absolutely nothing to them - something one of their representatives actually said to me, although not worded quite like that. 

It's very disappointing that a company as big as Samsung feels like they are able to sell obviously flawed devices without consequence.

Samsung is one of the most featured manufactures in this section..