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Warranty -yb who has to honour them

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  • 23-04-2008 12:47pm
    #1
    Closed Accounts Posts: 3,152 ✭✭✭


    I Purchased a phone in August 2007, about 3 months ago the keypad became faulty. I sent the phone back twice, and in both cases the repair firm flashed new software onto the phone, which did not fix the keypad.

    I sent it back again 3 weeks ago and did not hear anything, so I called the shop today, who referred me to the repair crowd. I called the repair crowd who told me that the keypad repair was covered under warranty. Howeer, there is also an issue with the speaker cover on the back of the phone coming off (this is purely a cosmetic issue).

    The repair company have told me that they cannot perform a "half repair" and if I wanted my phone repaired under warranty, I would also have to pay 35 euros for this piece of plastic.

    So my questions is - who do I need to speak with to get my phone repaired, and promptly. Do I have to deal with the phone manufacturer or with the phone shop.

    As far as I am aware there is a minimum warranty of one year which must be supplied with all electronic goods. Is this correct? Is there a document that explains how these Warranties work around?

    Thanks.


Comments

  • Registered Users Posts: 37,301 ✭✭✭✭the_syco


    Dunno with phones, or Irish law, but under UK law, computer manufactures gave a one year warranty, that only covers a manufacturing fault (ie: not accidental damage, wear and tear, etc).

    It sounds to me that the keypad and back cover come under the one part. Although fixing one is covered, fixing the other isn't.

    You could try getting in contact with the manufacture, who should be able to help you, provided you have the reciept.


  • Moderators, Music Moderators Posts: 25,868 Mod ✭✭✭✭Doctor DooM


    I Purchased a phone in August 2007, about 3 months ago the keypad became faulty. I sent the phone back twice, and in both cases the repair firm flashed new software onto the phone, which did not fix the keypad.

    I sent it back again 3 weeks ago and did not hear anything, so I called the shop today, who referred me to the repair crowd. I called the repair crowd who told me that the keypad repair was covered under warranty. Howeer, there is also an issue with the speaker cover on the back of the phone coming off (this is purely a cosmetic issue).

    The repair company have told me that they cannot perform a "half repair" and if I wanted my phone repaired under warranty, I would also have to pay 35 euros for this piece of plastic.

    So my questions is - who do I need to speak with to get my phone repaired, and promptly. Do I have to deal with the phone manufacturer or with the phone shop.

    As far as I am aware there is a minimum warranty of one year which must be supplied with all electronic goods. Is this correct? Is there a document that explains how these Warranties work around?

    Thanks.

    within 1 year, you are entitled to a free repair, replacement or refund in that order from the reseller of the goods, as long as the goods where not rendered beyond economical repair by customer damage.

    I have worked in the phone industry and this sounds wrong. Which company are you dealing with? Phone wise, not repair wise?


  • Registered Users Posts: 21,611 ✭✭✭✭Sam Vimes


    As far as I am aware there is a minimum warranty of one year which must be supplied with all electronic goods. Is this correct? Is there a document that explains how these Warranties work around?

    there is a minimum warranty but it's void if there's user damage. it only covers manufacturer faults. it doesn't matter if the damage isn't what's causing the fault that you sent the phone in for. the warranty is still void.

    officially you should talk to the shop but it's more hassle that way tbh. the shop can't legally wash their hands of you and force you to go to the manufacturer but you can choose to if it's less hassle for you

    imo, the best option would be to take it yourself to mprc in sandyford (www.mprc.ie). they try to have it fixed in 3 hours and they might not charge you


  • Closed Accounts Posts: 3,152 ✭✭✭ozt9vdujny3srf


    I spoke with the manager of the shop, who called the repair people and agreed that the service was unsatisfactory. As a result the shop will pay for the repair so that I can get my warranty stuff back.

    The shop is Meteor Garfton Street, and I'm very happy with the service.


    I am still interested (for future reference) as to who actually has to honour the 1 year warranty though. Or where it says that there has to be a one year warranty. I have seen various opinions on the matter, in every case swearing blindly that its the reseller or the manufacturer or repair contractor thats responsible for honouring it.

    This is why I'd like to see it in writing. its not in the sale of good and services act anyway. This is the only mention of warranty there:
    http://www.irishstatutebook.ie/1980/en/act/pub/0016/sec0012.html#zza16y1980s12


  • Registered Users Posts: 37,301 ✭✭✭✭the_syco


    I am still interested (for future reference) as to who actually has to honour the 1 year warranty though. Or where it says that there has to be a one year warranty. I have seen various opinions on the matter, in every case swearing blindly that its the reseller or the manufacturer or repair contractor thats responsible for honouring it.
    Most manufactures do a years warranty, some 15 months, of it being made. The shop honours the years warranty from when it was bought. The difference? The item has been on the shelf 9 months. You buy it as brand new, and 6 months down the line, it breaks. 9 + 6 = 15, so if the manufacture only had a 12 month warranty, the shop would either a) pay the manufacture to fix it (though the manufacture can refuse), or b) send it to their own repair centre. Furthermore, laptop batteries usually only have a 6 month manufacture warranty, but you still get a 12 month warranty with the shop in most cases.

    It depends where you buy the item. They must honour the 12 month warranty, but what they call customer damage, and what you call customer damage may differ.

    Ask if you have any questions, but most of my training per-se was based on UK law/consumer rights.


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  • Registered Users Posts: 21,611 ✭✭✭✭Sam Vimes


    there's very little set in stone in consumer law. different products can havwe different lengths of warranty. as the_syco says, laptop batteries only have 6 month warranties.

    but when you buy a product, it generally states the length of warranty it comes with. with nokia and sony ericsson phones it's two years for example. in that case, most shops will honour the warranty for the first year, after which you can bring it directly to the manufacturer.

    since you bought your phone in august 2007, the shop is responsible but if there are complications it's just easier to cut them out. one less group of people handling your phone and one less set of procedures to go wrong

    of course, the shop is only responsible if the warranty is still valid. if it's an out of warranty charged repair (ie customer damage), they don't have to deal with it


  • Registered Users Posts: 5,517 ✭✭✭axer


    I am still interested (for future reference) as to who actually has to honour the 1 year warranty though. Or where it says that there has to be a one year warranty. I have seen various opinions on the matter, in every case swearing blindly that its the reseller or the manufacturer or repair contractor thats responsible for honouring it.
    Whoever the warranty is from has to honour it. If it is a manufacturer's warranty then to claim under the warranty you deal with the manufacturer (it will say in the warranty information).
    This is why I'd like to see it in writing. its not in the sale of good and services act anyway. This is the only mention of warranty there:
    http://www.irishstatutebook.ie/1980/en/act/pub/0016/sec0012.html#zza16y1980s12
    Warranties (Guarantees) are mentioned a number of times in the act:
    http://www.irishstatutebook.ie/1980/en/act/pub/0016/sec0015.html#zza16y1980s15
    http://www.irishstatutebook.ie/1980/en/act/pub/0016/sec0016.html#zza16y1980s16
    http://www.irishstatutebook.ie/1980/en/act/pub/0016/sec0017.html#zza16y1980s17
    http://www.irishstatutebook.ie/1980/en/act/pub/0016/sec0018.html#zza16y1980s18
    http://www.irishstatutebook.ie/1980/en/act/pub/0016/sec0019.html#zza16y1980s19

    Warrenties don't mean jack when it comes to faults in items as you are covered by the sale of goods act anyway. That is why they say they do not effect your statutory rights.

    You do not need a warranty to get something fixed because if it goes faulty (not due to normal expected wear and tear or by abuse or by not using the product as it was intended to be used) then you are entitled to a repair or replacement anyway under law - whether a repair or replacement should be given is really down to the circumstances of the situation as to what is fairest. You can claim a full refund if you have not legally accepted the goods yet.


  • Closed Accounts Posts: 3,152 ✭✭✭ozt9vdujny3srf


    Are Guarantees not different to warranties?


  • Registered Users Posts: 5,517 ✭✭✭axer


    Are Guarantees not different to warranties?
    A guarantee is just a general word for assurance offered by the manufacturer or whoever. The word warranty is the name of the document they provide which supports this assurance that something will be replaced or repaired without cost to the buyer. Same thing really.


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