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Rob1n |
2010-06-16
, 09:48
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Posts: 3,617 |
Thanked: 2,412 times |
Joined on Nov 2009
@ Cambridge, UK
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#31
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Originally Posted by festivalnut
It's little know because it's not a fact. They're required to be fit for purpose and last for a "reasonable lifetime". This will differ depending on what device it is though - a TV you would probably expect to last 5 years, a cheap phone may only be expected to last one. The "reasonable lifetime" isn't clearly defined anywhere though, so it's down to a lot of arguing with the companies involved (and possibly recourse to courts) in order to make a claim after the first year.
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2010-06-16
, 09:53
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Posts: 278 |
Thanked: 303 times |
Joined on Feb 2010
@ Norwich, UK
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#32
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Originally Posted by Rob1n
I think his confusion is probably the UK's "fit for purpose" legislation, which applies for *up to* 6 years - Obviously a device dying at 5+ years and trying to get the warranty repair through demonstrating the device isnt fit for purpose would have to be a damn expensive device that's generally expected to last a *long* time, and the difficulty is that after the first 6 months the onus is on the buyer to prove the fault is through an inherent defect with the device, rather than misuse...
It's little know because it's not a fact. They're required to be fit for purpose and last for a "reasonable lifetime". This will differ depending on what device it is though - a TV you would probably expect to last 5 years, a cheap phone may only be expected to last one. The "reasonable lifetime" isn't clearly defined anywhere though, so it's down to a lot of arguing with the companies involved (and possibly recourse to courts) in order to make a claim after the first year.
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2010-06-16
, 09:56
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Posts: 8 |
Thanked: 0 times |
Joined on Jun 2010
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#33
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For me this seems to be troll. Who would be so stupid that would destroy phone after short discussion. This seems like he has destroyed his phone for some reason, now wants some publicity in this side and hopes Nokia for contacting him and giving new phone. I wonder if he ever had phone or if this is just troll.
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2010-06-16
, 10:01
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Posts: 87 |
Thanked: 36 times |
Joined on Sep 2009
@ Helsinki
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#34
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Oh dear... poor fellow.
Some advice though, next time you have issues with warranty conditions, go yell at the retail store from which you bought the thing. Might not help over there in warranty-less land, but at least It'll make you feel better w/o throwing your device out of the window .
In general, though, this list might help
1) Yell at manufacturer customer support supervisor.
2) Try to get contact info for the subcontractor who ****ed up trying to fix your device. Yell at them.
3) Yell at the store you bought your device. Demand a refund. (Major reason to use reputable stores only)
4) Repeat with your credit card company. Always buy expensive electronics with credit.
5) Repeat steps 1-4 in writing. You'll want the answers on paper in preparation of step 6.
6) Contact your local consumer protection agency and provide them with the said answers. If none available, consult a lawyer. You'll want to have a legal insurance for that, though...
7) Contact local tabloids and less reputable financial magazines. Sell your story for $$$.
8) Refuse to settle out-of-court. Threaten with class-action (if available).
9) If none of the above work, remember to call your insurance company AFTER throwing the thing out of the window. NOTICE: If you are throwing out something bigger, say, a washing machine, make first sure you aren't hitting anyone with it.
10) Eliminate all witnesses with a shotgun to avoid criminal investigation.
Some advice though, next time you have issues with warranty conditions, go yell at the retail store from which you bought the thing. Might not help over there in warranty-less land, but at least It'll make you feel better w/o throwing your device out of the window .
In general, though, this list might help
1) Yell at manufacturer customer support supervisor.
2) Try to get contact info for the subcontractor who ****ed up trying to fix your device. Yell at them.
3) Yell at the store you bought your device. Demand a refund. (Major reason to use reputable stores only)
4) Repeat with your credit card company. Always buy expensive electronics with credit.
5) Repeat steps 1-4 in writing. You'll want the answers on paper in preparation of step 6.
6) Contact your local consumer protection agency and provide them with the said answers. If none available, consult a lawyer. You'll want to have a legal insurance for that, though...
7) Contact local tabloids and less reputable financial magazines. Sell your story for $$$.
8) Refuse to settle out-of-court. Threaten with class-action (if available).
9) If none of the above work, remember to call your insurance company AFTER throwing the thing out of the window. NOTICE: If you are throwing out something bigger, say, a washing machine, make first sure you aren't hitting anyone with it.
10) Eliminate all witnesses with a shotgun to avoid criminal investigation.
| The Following User Says Thank You to Suurorca For This Useful Post: | ||
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2010-06-16
, 10:04
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Posts: 478 |
Thanked: 101 times |
Joined on Feb 2010
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#35
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Originally Posted by Rob1n
I do believe that fit for purpose would apply for more than one year, even if a cheap phone. The most obvious defence would be the length of the contract, you could easily take the longest available contract for the phone, say two years and therfore safely assume that the phones must have been designed to last a minimum of two if not more. No company will admit to the "reasonable lifetime" argument but I believe it is EU legislation...
It's little know because it's not a fact. They're required to be fit for purpose and last for a "reasonable lifetime". This will differ depending on what device it is though - a TV you would probably expect to last 5 years, a cheap phone may only be expected to last one. The "reasonable lifetime" isn't clearly defined anywhere though, so it's down to a lot of arguing with the companies involved (and possibly recourse to courts) in order to make a claim after the first year.
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2010-06-16
, 22:43
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Posts: 307 |
Thanked: 157 times |
Joined on Jul 2009
@ Illinois, USA
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#36
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Originally Posted by Rob1n
You're right. It was late and I wasn't thinking straight when I wrote that.
Nope, that's nonsense. They've not fulfilled their original warranty by replacing your new phone + 1 year warranty with a refurbished phone + 30 days warranty. That's not an equitable swap, so the replacement has to have at least the same warranty period. I suppose they might have scope for modifying this if the original warranty claim was determined to be invalid (e.g. accidental damage), but this would still need agreement/notification of the change of terms.
Having just read the U.S. warranty, Nokia does indeed owe you the entire year. Depending on how you interpret "any parts" they may or may not have honored the warranty by giving you a refurbished phone. Even if giving you an entirely new (albiet refurbished) phone qualifies as "any parts" they still owe you the one year plus however many days it was away being "fixed".