2.5 Month old faulty phone and PBTech

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JamesN

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#293455 23-Jan-2022 11:13

Hi,

Just after peoples knowledge of the CGA.

I have a 2.5 month old Samsung A32.

Yesterday is was very sluggish which I didnt think about at that time and a reboot sorted most of the speed issues.

I went to charge it in the afternoon, came back an hour later and picked up the mobile and i couldnt touch the bottom due to it being to hot.

The phone went in to safe mode and alerted it is overheating.

Disconnected the cable and could smell some burn.

After cooling phone, the phone went back to normal but it is not charging now and can feel the warmth if plugged in.

There is also a burn smell when sniffing the usb port on the phone.

I have tried different samsung cables and various USB ports on power boards.

Took this back to PBTech and had tried the following.

- They first tried to point that since I plugged this in to a powerboard that has usb ports that is more than likely a power surge since I was not using their usb power adapter.

- The site has no manager today so they wouldnt replace it.

- If they sent this to there auckland repair centre, this will take 6-8 weeks.

- If they sent this to samsumgs repair centre, this will take 5 weeks

Going this long without a mobile I feel is unreasonable and they were not interested in doing anything else.

Does anyone have any ideas how I could get this sorted quicker or what I am entitled to under the CGA?

Cheers.

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#2855208 23-Jan-2022 15:34

those time frames are too long any more than about 2 weeks would be unreasonable.

tehgerbil

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#2855219 23-Jan-2022 16:06

Yes, I would argue 5 weeks repair for a device which is only 10 weeks old (e.g. A third of its entire lifespan will be in for a repair) is not a reasonable time frame for repair.

Furthermore as it's a "Serious" Fault as is poses a safety risk then the consumer is entitled to a refund or replacement.

https://www.consumerprotection.govt.nz/guidance-for-businesses/customer-returns-and-complaints/providing-remedies-for-faulty-products/

If I were you I would write a small letter outlining the fault, dates and what resolution you expect.

E.g.

________________________________________________________________________________________________________________________________

I purchased <device> on Invoice <number> on <date>

On <date> the device started <fault>

On <date> I went into store <Branch location> and spoke with <person> who advised <person> was unavailable.

Under the consumer guarantees act of 1993, I am going to refer you to section 18 "Options against suppliers where goods do not comply with guarantees"

I am specifically invoking Section 23 which entitles me as the consumer to request a refund due to the failure of "substantial character".

To see the relevant sections of the act please see below:

The goods provided <cellphone> by Pb Technologies does not comply with Guarantee section 21 (d) as the goods have suffered a failure of 'substantial character'.

In the Act 'Substantial character' is defined by failure to comply with section 7 'Meaning of acceptable quality' sub section 1 (d) "Safe" as a electronic device which emits a burnt odour and becomes unreasonably hot is not safe.

I will accept a refund of <amount paid> by <how you pair - Bank xfer or CC?> and this must be performed by the First of February 2022. In return for this refund I will supply you the goods, upon which the matter will be considered resolved by both parties.

The source for my information is <https://www.legislation.govt.nz/act/public/1993/0091/latest/DLM311053.html>

I am able to be contacted on <number> to organise a time to come and perform the afore mentioned refund.

________________________________________________________________________________________________________________________________

Please read over the act and confirm I am right here, I have read this all a few times and made a few edits but you've got the gist of it.

Good luck. :)

heavenlywild

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#2855223 23-Jan-2022 16:32

Damn, have you used this template before and has it worked?

Not sure of the legals but to a layman it sure looks professional.

Oblivian

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#2855228 23-Jan-2022 16:56

[incorrect voltage or non-authorised electrical connections;

•adverse external conditions such as power surges and dips, thunderstorm activity, acts of God, acts of terrorism, damage caused by vermin, or any other act or circumstance beyond Samsung's control;[/quote,]

Sure, stuff *should* work these days with USB and charging. But there's always variances (3rd party items only really exist because of consumer price point wants/ demands, so they don't like to miss out) And manufacturers like to remind you not using their supplied gear may not be covered under standard faults cover.

In which case you may be left up the insurance route if you don't want them to confirm it was the devices fault. Or convincing the cga should overlook what it's plugged into.

I've been struck down before. A 5v cigarette usb charge unit that wasn't garmin, but had 2 outputs that I used, took out my gps by overloading when I swapped phones and the load popped the dropdown, and put 12v up it.

Pretty clear that was on me.

tehgerbil

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#2855347 24-Jan-2022 10:29

heavenlywild: Damn, have you used this template before and has it worked?

Not sure of the legals but to a layman it sure looks professional.

Thanks yes, unfortunately not my first rodeo.

I've done this before when dealing with a out-of-warranty headphone issue with 2 Degrees and they replaced them.

nzkc

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#2855353 24-Jan-2022 10:40

I'm a bit confused here. Why are you chasing a CGA approach when there is surely a 1yr (or more) warranty on the phone? If it is, as the OP states, just 2½ months old I would be arguing with PB Tech about replacing it under warranty.

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Oblivian

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#2855381 24-Jan-2022 11:17

nzkc:

I'm a bit confused here. Why are you chasing a CGA approach when there is surely a 1yr (or more) warranty on the phone? If it is, as the OP states, just 2½ months old I would be arguing with PB Tech about replacing it under warranty.

PB initially not agreeing to warranty due to use of 3rd party charger per the clause from my badly copied/quoted warranty terms above

They first tried to point that since I plugged this in to a powerboard that has usb ports that is more than likely a power surge since I was not using their usb power adapter.

But if he wants them to prove otherwise will need to send it to repair centre to investigate/confirm.

Thus, want's to try and persuade them it wasn't due to 3rd party charge and claim CGA should apply.

JamesN

108 posts

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#2855443 24-Jan-2022 11:49

tehgerbil:

I purchased <device> on Invoice <number> on <date>

On <date> the device started <fault>

On <date> I went into store <Branch location> and spoke with <person> who advised <person> was unavailable.

Under the consumer guarantees act of 1993, I am going to refer you to section 18 "Options against suppliers where goods do not comply with guarantees"

I am specifically invoking Section 23 which entitles me as the consumer to request a refund due to the failure of "substantial character".

To see the relevant sections of the act please see below:

The goods provided <cellphone> by Pb Technologies does not comply with Guarantee section 21 (d) as the goods have suffered a failure of 'substantial character'.

In the Act 'Substantial character' is defined by failure to comply with section 7 'Meaning of acceptable quality' sub section 1 (d) "Safe" as a electronic device which emits a burnt odour and becomes unreasonably hot is not safe.

I will accept a refund of <amount paid> by <how you pair - Bank xfer or CC?> and this must be performed by the First of February 2022. In return for this refund I will supply you the goods, upon which the matter will be considered resolved by both parties.

The source for my information is <https://www.legislation.govt.nz/act/public/1993/0091/latest/DLM311053.html>

I am able to be contacted on <number> to organise a time to come and perform the afore mentioned refund.

________________________________________________________________________________________________________________________________

This is awesome, thanks for this

JamesN

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Master Geek
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#2855500 24-Jan-2022 12:20

nzkc:

I'm a bit confused here. Why are you chasing a CGA approach when there is surely a 1yr (or more) warranty on the phone? If it is, as the OP states, just 2½ months old I would be arguing with PB Tech about replacing it under warranty.

I am chasing it under warranty and they know it is.

I dont believe I should have to wait between 5-8 weeks just for them to look at it where I have only had it 10 weeks.

Weatbixs

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#2856739 26-Jan-2022 16:30

Give Samsung CSP (Customer Service Plaza) a call on 09 415 7900 they would be the ones doing the warrenty repair (unless its parallel imported of coarse) they are pritty good though. They would need a copy of your PB Tech invoice.

Weatbixs

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#2856878 26-Jan-2022 19:35

Should also mention that with mobile phones. If the fault is raised to the retailer and the repair agent, within 14 days of the the device purchase, the phone would normally be replaced (subject to the repair agent verifying said fault), if the phone becomes faulty outside of this 14 day window, it will be repaired once the fault is verified.

One other thing to point out is that if the screen and /or back plate is cracked/broken, this must be fixed at the customers cost before any warranty work would proceed.

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Goosey

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#2856881 26-Jan-2022 19:46

Would have been easier if you didn’t mention you were not using the supplied charger.

what’s the output of the charger you were using vs what the original charger output has?

xpd

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#2856890 26-Jan-2022 20:45

The Samsung repair center only take a few days to assess items (IME anyway), so 5 weeks is a load of BS.

XPD / Gavin

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RunningMan

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#2856896 26-Jan-2022 21:18

Weatbixs:

Should also mention that with mobile phones. If the fault is raised to the retailer and the repair agent, within 14 days of the the device purchase, the phone would normally be replaced (subject to the repair agent verifying said fault), if the phone becomes faulty outside of this 14 day window, it will be repaired once the fault is verified.

One other thing to point out is that if the screen and /or back plate is cracked/broken, this must be fixed at the customers cost before any warranty work would proceed.

This reads like a company policy, and does not neccesarily align with what the Consumer Gaurantees Act actually says.

tehgerbil

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#2856995 27-Jan-2022 08:39

Weatbixs:

Should also mention that with mobile phones. If the fault is raised to the retailer and the repair agent, within 14 days of the the device purchase, the phone would normally be replaced (subject to the repair agent verifying said fault), if the phone becomes faulty outside of this 14 day window, it will be repaired once the fault is verified.

One other thing to point out is that if the screen and /or back plate is cracked/broken, this must be fixed at the customers cost before any warranty work would proceed.

hey, this is wrong information and goes against the CGA.

For starters if the fault is serious, the customer has the option of a refund or replacement it is not an automatic repair regardless of severity of issue.

Secondly if there is damage to the phone/device that is unrelated to the manufacturing fault then it's illegal to deny the customer repair and blame their damage unless it's beyond reasonable doubt (as proven by the repair agent) that the damage has lead to or caused the manufacturing fault.

E.g. A small crack in the top right hand corner of the screen does not disqualify the device from being assessed for a charge port failure.

A lot of companies prey on customers ignorance of the CGA, especially with the 'if the fault is serious' then the the customer can choose a refund or repair as I've outlined above after reading the CGA myself. :)

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