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New phone that never worked, must it be repaired under warranty?

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  • 20-09-2005 6:36pm
    #1
    jor el
    Closed Accounts Posts: 16,713 ✭✭✭✭


    I got a Motorola V980 in June and it hasn't worked since day one (well, actually day two as it was working the first day but had stopped the day after). I know I should have brought it straight back and demanded a replacement but I doubt this would have worked given my dealings now with Vodafone.

    It seems they refuse to replace a phone until after it has been sent for repair three times. Meanwhile, I'm without a phone while it's off for repair. They can offer a replacement but only with a €70 deposit, which I don't have spare for a week at a time.

    Where do I stand now, three months after purchase? Must I go through the process of sending it off for repair or can I still insist on a replacement? I rang Vodafone the day after I bought it to tell them it didn't work but they gave me the run around telling me to switch it off and on again (which actually fixes the problem anyway) while they perform some magic.

    I've been in touch with them since then and they are looking at the possibility of waving the deposit while it's out for repair, which is good, but I don't know if this will happen or if it will even be fixed.


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    #2
    Pythia
    Registered Users Posts: 7,469 ✭✭✭Pythia


    jor el wrote:
    Where do I stand now, three months after purchase? Must I go through the process of sending it off for repair or can I still insist on a replacement?

    Yes. You have no right to insist on a repalcement. TBH you should've just brought it in straight away but you know that...
    The Sale of Goods and Services Act only says a replacement should be given in a reasonable period of time (time not defined). Vodafone state this is 14 or 28 days on purchase (might be on the back of your receipt, can't remember exactly the period).
    If the phone is faulty within the first x days (14 or 28 or whatever) I'm pretty sure they'd give you a new one, they definitely would if they could see the fault in store.
    (this is all as far as I know, I'm no legal eagle)


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