There is nothing in the dealer agreement about where repairs have to be sent. The only stipulation is by the manufacturers who obviously want their phones repaired at a place of their choice EG MFR. The bigest problem for someone doing non warranty repairs is parts and access to them. MFR will not sell any part that requires the phone to be opened in any way. EG they will not sell a Nokia 6385 front housing, because you have to remove 4 scrws to replace it. Total rubbish! You could of course import some parts yourself but to make it worth while you would need to bring in a certain quantity...and then the phone would be obsolete before you had used all your parts!
If its an Alcatel 565 bought in NZ, it is under warranty. If you have had it repaired (or in this case, 'attempted' repair) more than twice, take it into the store you bought it from and ask them to replace it. Unless you caused the damage, they are required to replace it.
Dealers are not required to replace phones under any circumstances, they can send them to MFR who are able to replace them should they need to or get them replaced by CDW if it's an ELF or OBF.
It is up to the manufacturer or repair agent to replace them not the dealer.
A dealer may chose to replace a handset but is not required to.
A hard line approach, but when you concider that dealers are trying to make living out of low Telecom margins, it's an exceptable approach.
when selling prepaid phones for non-business use, they are simply a cash sale item, and still covered by the Consumer Guarantees act, so a customer could force the issue I suppose.
Most other phones (especially anything charged to a telecom account) is really being sold on behalf of telecom, so if a customer pays telecom for an item, and telecom reimburses a dealer, then it would be telecoms responsibility to meet the provisions of the CGA. (of course the CGA doesnt apply to business customers).
It just so happens that Telecom payments to dealers cover servicing etc.
All True however the CGA says that the retailler must be given the oppertunity to "repair or replace" the faulty product "within a reasonable time frame". So the dealer is not obliged to replace anything, especially for a first reapir. However that reasonable time frame could be an interesting point with MFR current turn around times.
true. figuring out who actually sold the unit is another contentious issue...
If a dealer supplies a phone to a customer, customer pays telecom, dealer owns the phone, but telecom pays dealer for the phone + a handling fee, then did the dealer sell the phone (for legal purposes), or was it telecom?
customer never paid the dealer a cent, but did pay telecom.
Who (legally speaking) gets hauled over the coals if things go bad?
Yes that is a really interesting arguement...one for a lawyer. In reality, Telecom never let it get to that. If it starts to get really nasty they will almost always replace a handset or help the customer out as it is far less cost that going the court battle way, not to mention more negative publicity.
I sold a 6255 to a client for personal use, the phone was charged to their account.
The phone powered down as per fault, and it came back in two days after sale. We sent it to MFR for repair, they sent as a replacement handset which also had the fault.
The phone has been sitting at MFR now for a few weeks while my client is in a loaner phone.
The idea of a refund was decided and I rang Telecom to ask about it and was told that since the customer delt through a dealer they can't do anything, even though the customer is paying Telecom for the phone and not us.
So, I have a client not very happy and a phone awaiting a fix.
And who is in the hot seat, not Telecom, I deal with my customers and I take the flack.
Hi Oggie- just do a return of hardware. Customer gets contract reversed and refunded any money charged. Dealer still gets paid full buydown on the phone so the phone now owes you no money. Customer is back to square one so he can choose another handset or whatever. Dealer wll get any comission clawed back, but you make it back on the next sale to the customer. Everyone is happy!