Phone broke just out of Warranty

• 

  cloudy on 02/04/2013 - 16:53

  implied warranty is a grey area of the law, where a reasonable person can expect an item to reasonably last a certain amount of time. And if you were to pursue it, im think it'll be via VACT or courts or something…not sure if it helps

  But generally speaking, there is a reason they charge for extra warranty, and its that its just easier to get things fixed if trouble occurs.

• 

  [Deactivated] on 02/04/2013 - 16:57

  +1

  Call Consumer Affairs and ask them for advice. Even though the phone's warranty is 12 mths, you should be expecting it to last a bit longer. Also, put your complaint in writing to LG. The more "noise" you make, the more likely that you will be heard.

  TIP: Be nice in all your correspondence.

• 

  Bitsurfr on 02/04/2013 - 17:02

  +2

  Australian Consumer Law provides Statutory Warranty.

  In short, this overrides any manufacturer warranty and basically it means that goods have to be of acceptable quality, fit for particular purpose etc.

  What is 'acceptable quality' is subjective, but ACCC or the State Fair Trading bodies have considered acceptable to be 2 years, taking into account the value of the goods.

  Eg a reasonable person would expect a high end phone to last 2 years. If you have a cheap $29 basic phone, then its reasonable to expect it to last 1 year.

  Go to the ACCC or relevant State Fair Trading websites, they have all the info you need to make a claim, including pro-forma letters etc

• 

  [Deactivated] on 02/04/2013 - 17:03

  http://transition.accc.gov.au/content/index.phtml/itemId/322…

  The way your rights read, in THEORY you should be entitled to it being fixed. Actually getting a company to follow the law in reality would be another matter that I presume has been rarely tested.

  Personally I would order a couple of these ACCC leaflets and then head into the place you bought the phone from. Wave the appropriate section (p. 10 is a good start) under their nose and politely ask them what they are going to do for you. Stand your ground and let them know clearly that you will be escalating the issue, both in their company and then onto the ACCC, if they refuse to entertain any sort of responsibility. Basically let them know nicely that you are going to be a complete headache and can't be gotten rid of easily, so they may as well deal with you now.

  • 

    Bitsurfr on 02/04/2013 - 17:09

    +1

    Well if companies need to be kicking and screaming into line, then so be it.

    Even Apple has caved on their standard 12 month warranty period, and is now offering 24 months, albeit begrudgingly.
    See http://www.smh.com.au/technology/technology-news/apple-keeps…

    Consumers need to wise up. Don't need to make 'noise', just follow the process.

  • 

    sophiasmith on 02/04/2013 - 19:59

    I've done it many times, from Glade's crappy "motion sensing" air freshener to an iPad 2.

    Personally I would order a couple of these ACCC leaflets and then head into the place you bought the phone from. Wave the appropriate section (p. 10 is a good start) under their nose and politely ask them what they are going to do for you. Stand your ground and let them know clearly that you will be escalating the issue, both in their company and then onto the ACCC, if they refuse to entertain any sort of responsibility. Basically let them know nicely that you are going to be a complete headache and can't be gotten rid of easily, so they may as well deal with you now.

    Does sound like good advice.

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  tio on 02/04/2013 - 19:23

  IMO, see if your phone listed on some Telco website and available for a 24 mths plan, then it is very reasonable to expect your phone to function properly for the minimum period of 24 mths, and can be used as the basis for your statutory warranty argument.

  Also, always go to the place that you handed the money to, not the manufacturer or care centre etc. Whoever tells you otherwise is actually breaching the law.

  • 

    sophiasmith on 02/04/2013 - 20:01

    Or any extended warranties they offered you. It's not like paying more for the same item will make it last longer.

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  sophiasmith on 02/04/2013 - 19:57

  1. Phone bought after 01/01/2011
  2. Broke after 13 months

  Did you (when you bought it) reasonably expect that phone to last more than 13 months:

  Yes -> http://www.accc.gov.au/consumers/consumer-rights-guarantees/…
  No -> Post why not here.

  I had my iPad 2 replaced after 18 months because the microphone stopped working (This was before all the Apple 2 years jazz) I did not buy AppleCare. All I did was call up and nicely explain to them my rights and their obligations under the Australian Consumer Laws. They organised for me to hand it in at my local Mac1 store.. bingo-bango-bongo done.

  Australian Consumer Laws are in addition to any implied warranties and cannot be excluded, sold or given away. It is illegal for a merchant to mislead you about your rights.
  eg. It is illegal for a company to make you sign a contract waiving your statutory rights. (It is also unenforceable)

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  PlayerOne on 03/04/2013 - 11:33

  I sent them a copy of the ACCC brochure below and directed them towards page 10. But still their response is that i should go to LG and ask them for a warranty extension. Looks like they're not budging so i filed a complaint with Fair Trading.

  http://transition.accc.gov.au/content/index.phtml/itemId/322…

  • 

    sophiasmith on 03/04/2013 - 14:43

    Show them http://www.accc.gov.au/business/treating-customers-fairly/co…

    The seller also must not refuse to deal with a customer about the returned good and tell them to deal with the manufacturer instead.

    ---

    If you do not comply, the customer can:

    report the problem to the ACCC or their local consumer protection agency, or have the matter heard in their local small claims tribunal or magistrates court. The Magistrate or tribunal member’s decision is legally binding.
    Don’t mislead consumers about their rights

    You must not tell customers they should approach the manufacturer or importer of the good for assistance – the seller must deal with the problem when approached.
    You must not suggest that their consumer guarantees are limited to any warranty period – the consumer guarantees apply regardless of any warranties in place.
    Do not display ‘No refunds on sale items’ signs.

    I did find this awesome pdf too: http://www.consumerlaw.gov.au/content/the_acl/downloads/cons…