What happens if a phone can’t be repaired, but is under warranty?

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Notamondayfan
Notamondayfan Posts: 36 Forumite
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Hi all,

Quick query.

I have a Pixel 1, taken on a 2 year contract from Car Phone Warehouse. Just before 2 years, it appeared like the speaker, mic or both stopped working when on calls.

I have taken it back to the store, and they agreed for it to be repaired under warranty (they initially fobbed me off with the “it’s only 1 year warranty mate” until I showed them the warranty booklet which came with the phone).
Anyway, it turns out the phone can’t be repaired and is being sent back to the store.

So, I’d like to know what my rights are. I had intended to keep the phone and switch to a sim only contact as I like the phone, and see no need to upgrade at the moment. Plus it would save me a few quid.

Advice please.

Thanks,
Dean
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  • grumbler
    grumbler Posts: 58,629 Forumite
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    Sent back from where? The manufacturer or their authorised repairer have to replace it if the fault wasn't caused by you. However, if they refuse, the warranty is hard to enforce.

    CPW have nothing to do with the warranty, but as a supplier have their own obligations under the Consumer Rights Act. - Consumer Rights
  • mobilejunkie
    mobilejunkie Posts: 8,460 Forumite
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    CPW will replace it with a refurbished model. Don't expect it to last for long.
  • eddddy
    eddddy Posts: 16,449 Forumite
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    Your rights under the warranty will be whatever the warranty agreement says.

    So you need to read the warranty to see what happens in these circumstances.

    And just to be clear - you bought a phone and warranty from CPW. If the terms of the warranty are breached, you pursue CPW.

    For example, if the terms of the warranty say that you should get a replacement phone, and you do not get a replacement phone - you make a claim against CPW for the cost of a replacement phone.

    CPW sold you the phone and warranty, so they are responsible for fulfilling the terms of the warranty - even if they try to say otherwise.

    (Plus you have your consumer rights in addition to this.)
  • grumbler
    grumbler Posts: 58,629 Forumite
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    eddddy wrote: »
    you bought a phone and warranty from CPW. If the terms of the warranty are breached, you pursue CPW.
    This is true only if it's CPW's warranty, not manufacturer's.

    Indeed, CPW used to offer their own warranty, but, generally, it wasn't the same as the manufacturer's.
  • Notamondayfan
    Notamondayfan Posts: 36 Forumite
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    Ok so I’m confused. The warranty that came with the phone, (also listed on the google pixel site), can be superceeded by CPW warranty?

    I can’t find the original CPW paperwork, on the Pixel box with it’s manual and warranty info.
  • Jon_01
    Jon_01 Posts: 5,870 Forumite
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    The retailers warranty will be a year, that's all they need to offer (the length of the contract has nothing to do with warranty).

    Google may offer a 2 warranty as the manufacturer and they are the one's you need to look to for a fix. But manufacture's warranty are limit and not the same as retailers.
  • grumbler
    grumbler Posts: 58,629 Forumite
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    Notamondayfan wrote: »
    Ok so I’m confused. The warranty that came with the phone, (also listed on the google pixel site), can be superceeded by CPW warranty?
    It's an addition - to the manufacturers warranty and to legal obligations under the CRA. Most retailers don't offer it.
    http://selfhelp.carphonewarehouse.com/SelfHelp/request.do?view()=c%7B79ae2a80-f9f3-11de-da00-000000000000%7D -I am not sure that this information is up-to-date
  • grumbler
    grumbler Posts: 58,629 Forumite
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    Jon_01 wrote: »
    The retailers warranty will be a year,
    Not true as most don't offer it
    that's all they need to offer
    No, they don't need to.

    And the CRA says nothing about a year. The only exact period it mentions is 6 months.
    MSE wrote:
    When goods are faulty, if you return them within six months, then it's up to the shop to prove they weren't faulty when you bought them. After this, the burden of proof shifts and it's up to you to prove they were faulty when you bought them.
    Also there is 6-year's limit.
  • mobilejunkie
    mobilejunkie Posts: 8,460 Forumite
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    Well, in the past CPW have supplied a refurbished model to me for a phone which they covered for 2 years (length of the manufacturer's warranty). They don't need the receipt; they do it all in seconds from the IMEI number.
  • Notamondayfan
    Notamondayfan Posts: 36 Forumite
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    So what you’re saying is that CPW won’t do anything as THEY only offer 12 months warranty.
    Do I need to go back to Google then to get the 2 years warranty?

    This is all very confusing and misleading.
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