Telstra $59p/month handset loophole?

Lrobertorodrehgo on 28/11/2018 - 21:29

So I signed up on the Telstra $59 p/month with a pixel 2 tbrough JB hi-fi back in December last year. The battery life is getting progressively worse to the point now it needs 2 full charges a day with minimal use.

I contacted Telstra today to get some advice and they said I have no warranty with the phone and kept telling me to look at my contract. Even asking if a Telstra shop would fix it, I was abrubtly told that I will have to foot the bill. Seems like a loop hole that Telstra can give out a free phone just to sign you on a contract so they don't have to give warranty on the phone?

Surely if a company such as JB hifi or Telstra sign you onto a 2 year contract they must be liable to fix a faulty item? The phone is in perfect condition, it's whole life with screen protectors and heavy duty cases.

Any advice?

Mobile Phone Plan

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Comments

  • tomsco on 28/11/2018 - 21:37
    +5

    I’m pretty sure it was ruled that phones require a 2 year contact given the contract length.

    In saying that, battery may be classed as a consumable and therefore not covered under warranty.

    • garetz on 29/11/2018 - 03:57
      +1

      Battery can only be classed as a consumable if you can easily replace it yourself, if its part of the product and cannot be replaced then it should still fall under warranty.

      • upsidedownlemon on 04/12/2018 - 18:33

        This is news to me - any source?

        • garetz on 04/12/2018 - 18:35
          +1

          You dont need a source, the product has 24 months statutory warranty, everything in the device is covered by that warranty, unless its classified as a consumable, and a battery cant be a consumable unless you can take it out of the device and replace it, which in alot of handsets today you cannot do.

  • Nalar on 28/11/2018 - 21:39
    +2

    Go see JB hifi if that doesn't work, contact Google. I think you actually bought the phone from JB, but I could be wrong. What's your receipt look like which company name is on it?

  • DracoManX69 on 28/11/2018 - 21:46
    +1

    I think law is that any item sold in Australia is eligible for minimum 12 month warranty, private contract doesn't stand over law, just as JB is a retailer partner for whatever products they sell like bose sony jbl etc, they're a retailer partner for Google and should get be able to process a warranty claim for you

    • charng on 01/12/2018 - 16:06

      i think you understood the law wrong regarding the min 12 monthw warranty.

  • John Kimble on 28/11/2018 - 21:51
    +2

    kept telling me to look at my contract

    WTF. Do you have transcripts? That's crazy talk!

    Tell them to show you what part of the contract says there's no warranty. It doesn't exist!

    https://www.telstra.com.au/content/dam/tcom/personal/consume…

    HANDSET WARRANTIES 5.1 5.2 6 Our handsets come with statutory guarantees and other rights that cannot be excluded under consumer protection laws. Remedies are available for a breach of such guarantees or rights, including repairs or replacements and in some circumstances refunds. You can ask us to suspend your service while your handset is being repaired or replaced, where you have not received a loan handset from us. If your handset is returned to us for and we reasonably determine that it complies with statutory guarantees and non-excludable rights under consumer protection laws, then any remedy (such as repair or replacement) will be at your cost and you will need to pay the monthly spend for your service.

    And I trust you've already done basic troubleshooting on the battery issue? Eg check the settings to see what is using battery, run anti virus, factory reset to check that doesn't fix it?

    • John Kimble on 29/11/2018 - 10:08

      Actually, if it's the BYO mobile plan, then I suppose Telstra might be right technically and you should be going to JBHifi for handset issues in the first instance.

  • salmon123 on 28/11/2018 - 21:57

    Interestingly, I had a warranty claim for a pixel 2XL this weekend (mic stopped working) … purchased the phone on gumtree, without any reciept … phoned up google, they talked me through a 10min diagnostics procedure and proceeded with an advanced replacement when that didn't work.

    I had to give them a credit card number (in case i don't ship the faulty unit back), but I was really impressed by how smooth it was. I thought I'd have to do a DIY repair on it, given it was a gumtree purchase, without a receipt.

    The google rep mentioned that the phone was originally purchased on the google store, so the RMA was easier. If it's purchased through a retail partner, then the RMA has to go through them.

    I know the story doesn't help the OP … just wanted to share the positive experience I had with a google warranty claim.

    • dasher86 on 29/11/2018 - 09:22
      +1

      google support RMA is amazing as well from my experience.
      my nexus 5 a week out of warranty (and i even tinkered with it) had a motherboard problem, and i got a refurb as a replacement.

    • Chris Jackson on 29/11/2018 - 14:44

      Ditto I had the same experience. Called Google and in 2 weeks had my replacement phone. PS I did not have the receipt and was not asked for one.

  • HighAndDry on 28/11/2018 - 22:36
    +1

    You bought it from JB Hi-fi, why are you going to Telstra?

    • ThithLord on 29/11/2018 - 09:53

      Should be going to Google!

  • realfancyman on 28/11/2018 - 23:18

    pixel 2 through JB hi-fi
    I contacted Telstra

    Why? You buy from JB Hi-Fi, JB Hi-Fi provide the warranty. Very simple.

  • elgrande on 29/11/2018 - 04:38
    +10

    Should have gone to rebel sport. They will help you with your JB hi-fi purchase.

    • Topdog on 29/11/2018 - 08:16
      -1

      I was thinking McDonald's

      In all seriousness. It appears the $59 is a contract with Telstra ie a byo plan. And jb have supplied the phone. So you will need to take it up with JB. However Google need to help you as well. If you wanted to go straight to Google that is…

      • salmon123 on 29/11/2018 - 09:17

        If you wanted to go straight to Google that is…

        As I said above, I think google will only help with the diagnostics. An RMA will have to go through the retail partner.

        • Topdog on 29/11/2018 - 12:18

          ACL law dictates either the manufacture or the place of purchase have to assist you with any warranty claims, Like to see them fob you off and tell you to go though the retail partner and get away with it..

          • salmon123 on 29/11/2018 - 13:26
            +1

            @Topdog:

            Like to see them fob you off and tell you to go though the retail partner and get away with it..

            They probably won't get away with it, if you make a fuss … But they might push the retailer to put through the RMA … Big companies aren't set up to handle out of sequence procedures.

            • Topdog on 29/11/2018 - 13:45

              @salmon123: Fair enough, however its the consumers right if they wish to go down that avenue

  • Zaddo on 29/11/2018 - 08:36
    -6

    You bought a contract for a mobile service with Telstra. They incidentally gave you a free phone.

    You lose the phone or break it or there is a mechanical failure. That is on you or the manufacturer. Even JB have limited responsibility to help you.

    Telstra owes you no support for the physical phone. They are just a mobile services provider in this deal.

    • salmon123 on 29/11/2018 - 09:18
      +1

      That is on you or the manufacturer

      It's a good thing there's ACL in this country to protect people like you against themselves!

      • RockyRaccoon on 29/11/2018 - 10:09

        I think you might be misreading what Zaddo said.

        If the plan is a BYO plan and the phone is supplied by JBHiFI, the the only contract with Telstra is for the service not the phone.

        JB is "limited" in that they will have to deal with the manufacturer. I agree Zaddo could have been clearer, and maybe better use of words would have been "ability" rather than "responsibility"

        As fo Telstra's attitude, we have no idea how the OP approached them. If they "demanded" action then Telstra would then refer to the contract. Plus taking it to a Telstra store would in reality mean the store would charge for repair (as it wasnt their handset sale), or just tell them to go to JB. So the Telstra person was in effect saving the OP from wasting their time. ACL would say the same.

        Again we have no idea how this was originally communicated to the OP. Was this the exact words or was it a summary by the OP?

  • onlinepred on 29/11/2018 - 10:52

    Talk to manager at jb. They provide warranty full stop.

  • iangohs on 29/11/2018 - 13:00
    +2

    Google provides a 2 year warranty. Contact google via Help on your phone. My sister recently sent her Pixel 1 back to Google who interestingly uses Expansys at Hong Kong. Awaiting outcome of the RMA

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