Phone warranty question

stephenperry

Hi,

I have a Samsung flip one (the one with the bendy screen) which is 8 months old. The phone has developed a series of cracks on the screen across the folding part. I have been into Samsung and they had said that this is clearly a manufacturing issue and should be covered by the warranty. Unfortunately for me, one of my children managed to crack a different part of the screen at the weekend and Samsung are now saying that my warranty is void as a result.

The crack as a result of the manufacturing defect is not linked to the other crack in any way and there is no way that one could be caused by the other. Is Samsung correct that my warranty is void?

Thanks in advance

Aylesbury_Duck

stephenperry said:

Hi,

I have a Samsung flip one (the one with the bendy screen) which is 8 months old. The phone has developed a series of cracks on the screen across the folding part. I have been into Samsung and they had said that this is clearly a manufacturing issue and should be covered by the warranty. Unfortunately for me, one of my children managed to crack a different part of the screen at the weekend and Samsung are now saying that my warranty is void as a result.

The crack as a result of the manufacturing defect is not linked to the other crack in any way and there is no way that one could be caused by the other. Is Samsung correct that my warranty is void?

Thanks in advance

Depends on what the warranty terms are.  Assuming Samsung are correctly applying their warranty terms (i.e. they say that if there is additional user-caused damage then the warranty is voided), then yes, your warranty is void.

stephenperry

That is what they are saying but are there not consumer rights that protect me also? Am i not entitled to a device that is free from manufacturing defects, regardless of what else has happened to the phone?

Okell

stephenperry said:

... The phone has developed a series of cracks on the screen across the folding part. I have been into Samsung and they had said that this is clearly a manufacturing issue and should be covered by the warranty...

Have you this in writing?**

If Samsung is saying it's "clearly a manufacturing issue" then go back to the seller and tell them that you are enforcing your rights under the Consumer Rights Act 2015 (legislation.gov.uk) and that the seller has one opportunity either to repair or replace the 'phone.  If that one opportunity does not fix the problem you are entitled to a refund - although the seller is entitled to reduce the refund to take account of the use you have had of the phone.


** After 6 months from purchase the onus is on the consumer to prove that the phone did not "conform to contrcat" on the date it was purchased.  Here Samsung have helpfully assisted you by agreeing that the fault is caused by a manufacturing fault...   

Inbetweeners

stephenperry said:

That is what they are saying but are there not consumer rights that protect me also? Am i not entitled to a device that is free from manufacturing defects, regardless of what else has happened to the phone?

Possibly, but you asked about warranty rights. Your consumer rights are with whoever you bought the phone from. Was it direct from Samsung?

PHK

stephenperry said:

That is what they are saying but are there not consumer rights that protect me also? Am i not entitled to a device that is free from manufacturing defects, regardless of what else has happened to the phone?

You’ve confused the warranty with your consumer rights. 

Samsung can have any reasonable terms under its warranty. And they are correct that your child damaged the phone would invalidate the warranty. 

You consumer rights are with the place that sold you the phone. Because more than six months have passed since purchase then you need to prove that the device was either inherently faulty or should have lasted longer. Given the physical damage then I think you’d struggle to prove the latter, so I think your best bet is to find proof of a manufacturing fault. 

Incidentally every single person I know with a foldable screen has a fold that’s cracked. 

Aylesbury_Duck

PHK said:

stephenperry said:

That is what they are saying but are there not consumer rights that protect me also? Am i not entitled to a device that is free from manufacturing defects, regardless of what else has happened to the phone?

Incidentally every single person I know with a foldable screen has a fold that’s cracked. 

Me too, and there have been a few threads on here.  A case of a technological innovation not yet robust enough for general consumer use?

user1977

PHK said:

stephenperry said:

That is what they are saying but are there not consumer rights that protect me also? Am i not entitled to a device that is free from manufacturing defects, regardless of what else has happened to the phone?

every single person I know with a foldable screen has a fold that’s cracked. 

An incredibly unforeseeable problem.

Okell

user1977 said:

PHK said:

stephenperry said:

That is what they are saying but are there not consumer rights that protect me also? Am i not entitled to a device that is free from manufacturing defects, regardless of what else has happened to the phone?

every single person I know with a foldable screen has a fold that’s cracked. 

An incredibly unforeseeable problem.

        

Okell

PHK said:

... You consumer rights are with the place that sold you the phone. Because more than six months have passed since purchase then you need to prove that the device was either inherently faulty or should have lasted longer. Given the physical damage then I think you’d struggle to prove the latter, so I think your best bet is to find proof of a manufacturing fault...

As I understand the OP, Samsung have already confirmed that the original problem was caused by a "manufacturing issue" which I would put into layman's terms as a "manufacturing fault".

I'd suggest that that response form the manufacturer themself should be enough proof for the seller - and a court too if necessary.

If a child has subsequently damaged the screen I'd have thought that was irrelevant if Samsung have already confirmed a manufacturing issue(?).

[Edit:  I've just realised that it isn't clear if Samsung have actually confirmed a "manufacturing issue" or whether they've simply put it forward as a suggestion before actually examining it.  I wish OPs would be much clearer in explaining exactly what has happened and not vaguely waffle]

PHK

I agree the OP is not clear which is why I tried to be as clear as possible with my reply, but without also going into waffle.