Warranties on Repairs - Consumer Protection Laws

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  [Deactivated] on 29/05/2017 - 19:11

  What are the warranties on repairs? Surely they can't just give me a broken device and pass me off? Especially when they're to blame for the warranty period passing.

  I don't think there's any fixed period of time, but the device shouldn't die the day original 2 year warranty is up. It should work for some 'reasonable' period beyond that.

  Under consumer law, I could have obtained a full refund due to major fault (charging problem) at the original claim

  I doubt it. I think the retailer is still entitled to try to repair it.

  Do I have to go through the repair company to resolve the problem?

  No - just lodge a claim with fair trading in your area.

  or simply that the original device's warranty is passed on to the new device, and possible not reset?

  If they replace the device, the original warranty is in force. You should always try to get a refund or at least a new invoice with a replacement device, so you have a new warranty.

  • 

    DerpFactory on 29/05/2017 - 19:42

    I appreciate the response!

    In regards to:

    I doubt it. I think the retailer is still entitled to try to repair it.

    I could have misinterpreted it but I got that information from the ACCC repair or refund

    Summary: If you have a minor problem with a product or service, the business can choose to give you a free repair instead of a replacement or refund. When you have a major problem with a product, you have the right to ask for your choice of a replacement or refund

    In my opinion, not being able to turn the device on (the original charging problem) would be considered a major problem.

    I will look into fair trading. Thanks for the advice.

    • 

      [Deactivated] on 29/05/2017 - 20:17

      In my opinion, not being able to turn the device on (the original charging problem) would be considered a major problem.

      I think the retailer is entitled to do a detailed examination, before determining whether it's 'major fault'. For example, you drive a new car out of a dealership and it wont start … seems like a major fault, but it turns out you forgot to put petrol in it … hardly entitles you to a refund.

      Phone charging issues are a pretty common fault. It's probably the second most common repair, after broken screens. I wouldn't even call a failed mainboard a major fault, since it's a similar amount of labor to repair it as a broken screen. Unless the phone blew up in your pocket, I wouldn't call it a major fault.

      From what I've seen, most stores (JB Hifi, GoodGuys, etc) have a pretty detailed (software) flow chart of when they offer refunds and when they send the phone away for repairs. I only see a retailer replacing a phone with a new one or giving a refund within a few weeks of the purchase, after that it's always a refurb or a repair. I think their flowcharts comply with ACL.

      The only thing you can argue about is that your original phone stopped working a few weeks after the original warranty ran out. The fact they gave you a refurb and kept your phone for 2 months, while it was assessed just gives you a bit more leeway in how long past the original warranty expiry you can make a claim.

      • 

        DerpFactory on 29/05/2017 - 20:45

        Makes sense

      • 

        DerpFactory on 30/05/2017 - 12:31

        ACCC Refunds

        A product has a major problem when it:

        **has a problem that would have stopped someone from buying it if the problem had been known**
        is unsafe
        is significantly different from the sample or description
        does not do what the business said it would, or what you asked for, and cannot easily be fixed.
        

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  Xetrok on 29/05/2017 - 19:12

  Timelines help.

  What month and year did you purchase the original device in?

  What month and year did you first have the phone repaired?

  What month and year did you take the phone back the second time?

  • 

    DerpFactory on 29/05/2017 - 19:56

    I've added some dates to the post but here's the details:

    Purchased : May 2014
    Warranty Claim : Apr 2016 (23 months)
    Obtained device back: Mid June 2016

    Returned second time : December 2016 (They told me I had to pay so I said no)
    Returned because transport fee waived : May 2017

    • 

      [Deactivated] on 29/05/2017 - 20:24

      Obtained device back: Mid June 2016

      If they kept the device for 2 months, means you get an extra 2 months of warranty on it, ie July 2016.

      Returned second time : December 2016 (They told me I had to pay so I said no)

      You're returning 5 months past the July 2016 expiry … I can't see fair trading taking your side. You might get lucky, if you create enough noise, the shop might do it as a goodwill gesture.

      • 

        DerpFactory on 29/05/2017 - 21:07

        Yes, but there must be some type of checking/testing period for consumers with repaired devices. Consumers couldn't test everything in a day, especially something intermittent like this.

        In essence, if you take my delay to claim on the repair out of it, my scenario is basically:
        -Requested a repair under warranty
        -Got a device that can't make calls

        They made the decision to provide a refurbished device rather than repair or provide a new device.
        A refurbished device that had not been correctly reconditioned nor properly tested.

        I think my delay sounds like the biggest problem for me.

      • 

        [Deactivated] on 29/05/2017 - 21:22

        +1

        @DerpFactory:

        Consumers couldn't test everything in a day

        If you returned the device for a 2nd time before September 2016, I'd probably take your side … but 5 months is pushing it. We're in May 2017 now … no idea what you've been doing with the device between Jan 2017 and May 2017. You've not got a 3 year old phone that you're trying to get a warranty repair for.

        The moral of the story is, don't drag your feet with warranty repairs or out-of-warranty-repairs.

      • 

        DerpFactory on 30/05/2017 - 12:37

        @sp00ker:
        Totally true.

        The main reason it has been so long is due to being mislead by both the store and the manufacturer and that I didn't want to pay to fix something I didn't break.

        Technically I'm only trying to get a botched repair corrected. They made a mistake and provided a faulty device. Now it's coming down to whether I have to pay for it or them.

      • 

        [Deactivated] on 30/05/2017 - 12:51

        @DerpFactory:

        The main reason it has been so long is due to being mislead by both the store and the manufacturer

        The timelines you've posted don't really add up here.

• 

  Ughhh on 29/05/2017 - 19:59

  They recorded my details incorrectly, didn't give me a temporary device (which they were supposed to),

  Was it on a phone plan or something?

  • 

    DerpFactory on 29/05/2017 - 20:01

    No, this is just what they told me and was also written on the documents once I got my device back. Seems like it's normal practice to give a temp device for warranty claims.

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  [Deactivated] on 29/05/2017 - 20:27

  +1

  It turns out that the intermittent problem is due to a dry join on the microphone board and is a common problem with this device

  Go on youtube, watch a couple of repair videos, buy the part on ebay/aliexpress, fix it, sell it on gumtree … go buy a new phone (look on OZB for a good deal).

  This will be the easiest/cheapest way for you to get a new phone. Arguing with the retailer and raising a complaint with fair trading will just take a lot of time.

  edit: Even better, just sell it 'for parts' on gumtree/ebay. You'll probably get 90% of the resale value, without worry about repairing it.
  edit2: Also check your credit card for 'extended warranty insurance' - Amex is great for this.

  • 

    DerpFactory on 29/05/2017 - 21:10

    I just don't like getting taken advantage of but I think you're right, it's probably not worth the effort fighting for fairness. What a horrible world.

    Thanks for all your replies

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  Richardc on 29/05/2017 - 23:38

  I think refurbished device should come with 60-90 days warranty.

  • 

    DerpFactory on 30/05/2017 - 12:38

    Do you mean when you buy a refurbished device?