Expired warranty for new mobile phone.

[999tigger]

Make up your mind first you ask me why I am explaining the Sales Of Goods Act to you , then you ask me to explain it again Then you point out it is now the Consumer Rights Act 2015, but you continue to refer to it as SOG .

 

Its till the SOG act in my head but its changed its name to the Consumer Rights Act 2015. Legislation evolves. Its still basically the same.

[Gamston]

How do you think most damage occurs? its not deliberate. If i drop something which claims to be unbreakable and it breaks, then thats not fit for purpose or of satisfactory quality.

 

 

If I biy something as waterproof like a sony tablet or a wetsuit and it suffers from water damage, then its not fit for the purpose or of satisfactory quality.

 

So it's the indibdual circumstancs when applied to the tests which are important.

You are comparing apples with oranges again . I applied the Sale Of Goods Act to the purchase of a mobile phone which the thread is about . The mobile phone bought by Danot for his daughter was not intended to be immersed in water and was not sold as a waterproof item .

[999tigger]

I have all relevant paperwork. Took out contract on 31/10/15. Took out insurance too, which was the next step until realising the phone is fixed.

 

 

Not quite sure how you manage this becayse events rather ran past the law. Whats meant to happen is that if it happens between 1-6 months after the purchase then they have to prove the fault did not exist otherwise its presumed to have done so from day one. That would make them have to prove the water damage as being the cause.

 

If they cant prove the water damage, then the fault will be presumed to have been there from the start, which means a repair under warranty, which then means a refund of the £15.

 

Harder because youve already signed something approving their actions.

Harder because the phone has now been out of their custody.

 

You cna only try and they will probably give you the money just to make you go away.

Alternatively complain to Samsung and say they were unwilling to convince you about the water damage being the cause.

Alternatively claim on your insurance, but that will use up the policy imo.

[El Cid]

I have all relevant paperwork. Took out contract on 31/10/15. Took out insurance too, which was the next step until realising the phone is fixed.

 

Wouldn't the insurance cover water damage? It would be daft to take out insurance, just to cover the same as you get in the 12 month manufactures warranty.

[999tigger]

You are comparing apples with oranges again . I applied the Sale Of Goods Act to the purchase of a mobile phone which the thread is about . The mobile phone bought by Danot for his daughter was not intended to be immersed in water and was not sold as a waterproof item .

 

It would depend what type of phone and the accidental . Phones will be expected to have a certain amount of robustness such that they should be of saisfactory quality. If they prove fragile just from normal usage, then that would be classed as faulty goods and you cna make a claim.

 

Kate had the right approach because she understands the tests as described by the act. Whether or not an item is faulty depends on how the facts relate to the tests in S9-11 CRA 2015.

 

---------- Post added 18-02-2016 at 19:31 ----------

 

Wouldn't the insurance cover water damage? It would be daft to take out insurance, just to cover the same as you get in the 12 month manufactures warranty.

 

I would think so, but he should decide whetehr its worth claiming as there may be an excess and the policy may expire upon one claim. Pointless if the policy cost over £15.

[danot]

Not quite sure how you manage this becayse events rather ran past the law. Whats meant to happen is that if it happens between 1-6 months after the purchase then they have to prove the fault did not exist otherwise its presumed to have done so from day one. That would make them have to prove the water damage as being the cause.

 

If they cant prove the water damage, then the fault will be presumed to have been there from the start, which means a repair under warranty, which then means a refund of the £15.

 

Harder because youve already signed something approving their actions.

Harder because the phone has now been out of their custody.

 

You cna only try and they will probably give you the money just to make you go away.

Alternatively complain to Samsung and say they were unwilling to convince you about the water damage being the cause.

Alternatively claim on your insurance, but that will use up the policy imo.

 

Well. I'm not satisfied with the report and the current warranty status so I intend to write to Samsung about the matter.

[999tigger]

Well. I'm not satisfied with the report and the current warranty status so I intend to write to Samsung about the matter.

 

well you are going to have to phrase it carefully what you say about the shop. Do you have a copy of the document you signed to confirm water damage? If you kick up a fuss they will probably send a voucher anyway. How mucch was he phone worth?

[danot]

well you are going to have to phrase it carefully what you say about the shop. Do you have a copy of the document you signed to confirm water damage? If you kick up a fuss they will probably send a voucher anyway. How mucch was he phone worth?

 

Not entirely sure. Somewhere in the region of £300-400.

[El Cid]

She's recently turned 12 so it's in my name.

 

I have a friend that had issues when his young daughter wrecked her mobile, kids do not understand that an everyday item can cost over £150

 

Samsung A3 = £180

[999tigger]

Also be clear what you want. reinstaement of warrantyty, replacement, complaint about them.

 

Ofc you have no proof the water complaint wasnt true.