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Posts: 230 | Thanked: 14 times | Joined on Oct 2010
#1
My N900 developed the known USB problem. I went to the carphone warehouse (UK) as my IMEI confirmed it was still under warranty.

They packaged it off and sent it away for repair.

However.......a Wikipedia page on the N900 states (and I quote)

Also the N900's MiniUSB port, also known as the charger port is very fragile.[citation needed] Nokia addresses this as a 'hardware failure' and provides a new device as a replacement. Some have received a N8 in return and lately also E7 (the Nokia flagship product) has been given, including a fresh two year warranty. No N900 devices are available anymore. A number of people have requested for their broken N900 to be returned instead of accepting the replacement but Nokia declines all such requests.

Is this true? Anyone sent their N900 away for repair in the Uk (or elsewhere) and not had it a replacement N900 or a repair, but rather a new handset?
 
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#2
It was discussed on the IRC that some N900 UK owners persisted with showing dissatisfaction with being offered N8/E7 as replacement. Though one bloke I've heard mentioning with all his persistence he managed to get a new N900 after deciding to put forward a legal case against Nokia or something like that.
 
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#3
how long are they warranted for in the UK?

mine is two years old in december.
 
Posts: 230 | Thanked: 14 times | Joined on Oct 2010
#4
So they are sending out N8 or E7 replacements in the UK?

I think it is a 2yr warranty in the UK - should be the same in the EU as well
 
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#5
It is a 2 year warranty and you can insist that they either fix or replace your N900 - don't accept anything else as "equivalent". If they can't do that, you're entitled to your money back.

And Wikipedia is not always correct y'know...
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#6
Oh yeah I know not to trust Wiki - was wondering if anyone in the UK had first hand experience of this
 
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#7
Hi,

I'm the guy mentioned in IRC. I got a new N900 from Nokia last week. They initially sent back an N8 to the care point, then tried offering an E7 whem I said that was unsuitable. When I refused that as well, it was escalated to another department. When I explained [see later in this post] to them, it was referred to their manager, who found an N900 and sent it to me by next-day courier.

It's actually pretty simple. N900s bought in the UK are covered by both the sale of goods act (with the retailer) and a unilateral warranty that Nokia Corporation (the care line people) offer.

The warranty is here:
http://europe.nokia.com/support/repa...mited-warranty

Relevant point:

"[Nokia] will in a commercially reasonable time remedy defects in materials, design and workmanship free of charge by repairing or, should Nokia in its discretion deem it necessary, replacing the Product in accordance with this Limited Warranty"

Nowhere in the warranty does it state that the choice of replacement is at Nokia's discretion, and with good reason.

Towards the end, it also states:

"Nokias liability shall be limited to the purchase value of the Product"

Now, you could claim under either the SoGA or the warranty (but not both at the same time) for the defect. Since the phone is with nokia, you're being covered by the warranty at the moment. That means that the terms above apply, in addition to any other rights you may have.

The important term is "replacement". Does an E7 replace an N900? It's about the same price, it's true, but it runs Symbian,not Maemo, and the screen is a lower resolution. Those two points strongly weight against it.

Thought experiment: would you accept a newer washing machine that would cost the same as your older washer-dryer, as a replacement for a washer-drier? Or would you argue that the lack of "drier" functionality makes it not a replacement, and demand that the replacement be capable of dryinh as well as washing?

If the company refuses, and continues to refuse, beyond the "commerically reasonable timescale", to respect the terms of the warranty, you can issue a case in the small claims court (IANAL disclaimer: this is cheap and easy to do, but don't do it unless you personally think you have a good chance of winning) for the cost of a new N900 (that maximum liability mentioned). If you win, you get it, even if the small claims have to send bailiffs around to Nokia's HQ to get it. If you lose, you're left with a small amount of court costs to pay, and Nokia's original suggested remedy - an E7.

However, as the escalations guy said - once I'd explained all this to him and linked him to his own warranty text - "you're completely in the right, and I won't try to argue with you. I'll try to get you an N900 as soon as possible". We amicably agreed that a month from the start of me handing my phone in to them (3 weeks of that was already gone by then) would be the limits of "commerically reasonable", as I said, I got a new N900 well within that timescale.

I don't get why people let companies short-change them. This is a very simple warranty, and Nokia should be honouring it. If you want an N900, and not a new E7 (and that includes if you're thinking of selling the E7 to get an N900), force Nokia to uphold the agreement they made with you. They're not doing you a favour if they send you back an N900 - they're fulfilling the bare minimum they said they would do when you bought the phone from them.

Hope that helps, anyway.
 

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#8
Also, just in case it's of interest or use to anyone, here's the letter Nokia sent me with my new N900:

http://lupine.me.uk/img/nokia-n900-replacement.png
 

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#9
Originally Posted by jedi View Post
It is a 2 year warranty and you can insist that they either fix or replace your N900 - don't accept anything else as "equivalent". If they can't do that, you're entitled to your money back.

And Wikipedia is not always correct y'know...
Coverage varies by region. And in general, this wiki entry is correct with some exceptions.
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Posts: 6 | Thanked: 22 times | Joined on Aug 2011 @ UK
#10
Well, "not accepting any such requests", with exceptions isn't "true, with some exceptions" - it's just "false". WP:OR means I can't fix the article, unfortunately.

Furthermore, at least in the EU, if Nokia fail to meet their warranty obligations, and you take them to the small claims court - assuming they actually choose to contest it, which large companies have a habit of not doing - it seems very likely to me that you'll walk away with a cheque for 500, which you can use to buy a brand-new N900 with a new two-year warranty.

Obviously, consumer rights are very different in the USA. Over here, though, it's simples - no?
 

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