Samsung Galaxy SII on Telecom and CGA

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openmedia

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#112987 31-Dec-2012 15:29

Well I've had a fun couple of days trying to get my Galaxy SII working before I caved and tried to return it to the Telecom shop were I signed up to the original contract.

I'd be interested to hear how others have managed to get any Samsung devices on Telecom serviced/repaired under the CGA as this was a bit of a hard slog to resolve.

Phone was provided as part of a 24 month contract on 27th October last year. On Friday I noticed the battery charge wasn't lasting long, then on Saturday realised I appear to have a USB connector issue.

Phone shows flashing battery icon when on
Battery discharge in 5-6 hours rather than 12+
When powered off I have a flashing battery logo
Won't provide a data connection over USB
Phone won't power on unless on mains + battery.

Checking around this appears to be a well known USB connector failure which can be easily repaired. As the phone is 14 months into a 24 month contract with Telecom I wasn't expecting any issues returning the device. I also called Samsung who confirmed that I should return the phone to Telecom for examination.

Whilst the phone has a standard 12 month warranty I felt this would be a warranty repair based on

Time left on Telecom contract phone was provided as part of
Consumer Guarantee's Act such that not be sufficient.
The nature of the failure

It appears that to return an out of warranty phone via a Telecom shop you need to provide documentation in writing stating the nature of your claim under the CGA. Otherwise I was advised to either pay for the repair, or return the device directly to Samsung. The Telecom store stated that they have no responsibilities under the CGA as they are not the manufacturer of the device. After the initial 12 months they are simply the service provided of my mobile connection.

A quick phone call to Samsung confirmed that they aren't allowed to handle Telecom's phones (only Vodafone and 2degrees) and the phone has to be returned via a Telecom store and checked by Telecom's agent (Telegistics). I described the fault in detail and the warranty status of the device. Thankfully the Samsung guys agreed to walk the Assistance Manager at the Telecom store through the process for handling our of warranty returns where Samsung will work with Telegistics on resolving the matter.

So fingers cross I get my phone back for Linux.conf.AU in late January, and meanwhile there are no spare loan phones so I'm getting by on an old Huwaei X1.

If anyone at Telecom has a spare smart phone I can borrow for a couple of weeks that would be greatly appreciated, meanwhile a huge thank you to Kyle at Samsung and Dave at my local Telecom store.

Generally known online as OpenMedia, now working for Red Hat APAC as a Technology Evangelist and Portfolio Architect. Still playing with MythTV and digital media on the side.

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#738926 31-Dec-2012 16:00

Which Telecom store did you visit originally? Did they offer to send the phone to the repair agent?

openmedia

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#738929 31-Dec-2012 16:14

irfrazer: Which Telecom store did you visit originally? Did they offer to send the phone to the repair agent?

I was at their Westgate store. The offered to have the phone looked at as long I agrees to pay for all repairs. Out of warranty they were unwilling to involve Samsung and stated that they had no obligations under the CGA. I also called 123 from the store and they confirmed that Telecom does not provide any coverage under the CGA for mobile phones that are out of Warranty.

That's when I called Samsung again and they managed to resolve the matter with the store.

Generally known online as OpenMedia, now working for Red Hat APAC as a Technology Evangelist and Portfolio Architect. Still playing with MythTV and digital media on the side.

joutei

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#738942 31-Dec-2012 16:43

Pretty much if the phone is out of warranty, you will have to pay to get the phone looked at.

If you choose to get it repaired, then there will be additional costs. I recommened getting Mobile insurance if you intend to sign a contract after the current one expires. Usually only 10 -15 dollars extra, but well worth it IMO.

Batman

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#738945 31-Dec-2012 16:58

another reason not to sign a two year contract on a one year warranty! :(

mattwnz

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#738948 31-Dec-2012 17:00

I also called 123 from the store and they confirmed that Telecom does not provide any coverage under the CGA for mobile phones that are out of Warranty.

I can't believe they said that. They can't contract out of the CGA, or are they not aware of that. The CGA clearly states that good must last a reasonable period of time with reasonable usage. I don't believe 14 months is, unless it was caused by damage or substantial wear and tear. Not unless it was purchased for business use where you don't have CGA coverage, but still have the sale of goods act. Just go to the consumer website, and send telecoms head office one of the 'letters that gets results' for a CGA claim. The only complication is that the phone was no doubt subsidised on a contract, rather than an outright purchase. If it was an autright purcase, eg you paid $700 for the phone, then you would expect a $700 phone to last more than 14 months. But a 'free' phone on a 24 month contract may not have the same sort of coverage...I don't know.Although you are basically paying that $700 phone off in installments over time when you signup to a contract. But a 24 month contract would suggest that they would expect the phone to last a minimum of 24 months anyway. I believe the manufacturers warranty duration is largely irrelevant to your rights under the CGA.

mattwnz

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#738950 31-Dec-2012 17:04

joker97: another reason not to sign a two year contract on a one year warranty! :(

Do any provide a 2 year warranty though? A better idea is not to signup to a contract at all, as you are end up paying a lot more for the phone anyway over time. You would think that if you did signup to a contract, that they would offer a free warranty extension for the contract period, or at the least abide by the obligations under the CGA, as long as it wasn't user damaged. I suspect a lot do get damaged.

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lucky015

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#738960 31-Dec-2012 18:44

openmedia:
irfrazer: Which Telecom store did you visit originally? Did they offer to send the phone to the repair agent?

I was at their Westgate store. The offered to have the phone looked at as long I agrees to pay for all repairs. Out of warranty they were unwilling to involve Samsung and stated that they had no obligations under the CGA. I also called 123 from the store and they confirmed that Telecom does not provide any coverage under the CGA for mobile phones that are out of Warranty.

That's when I called Samsung again and they managed to resolve the matter with the store.

The only time a company can opt out of the CGA is if the sale is to a business, Any other time they can be issued an extremely large fine for the simple act of attempting to opt out of it or attempting to defraud people into believing it does not apply and this should have been required training for the agents you would have spoken with.

From the age of the device and the fact it is a common issue with the device I would be inclined to suggest that you are well within your rights to expect them to repair the device at this point and to place a formal complaint with the Commerce Commission if they tell you specifically that they do not have to honor the CGA as that is an offense in its self.

The length of time the device is expected to last defined by the Commerce Commission and the cause of the failure are the only things that should be able to have any effect on this claim.

mattwnz

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#738963 31-Dec-2012 18:54

I wonder if any retailers have actually been fined for for trying to mislead people on their rights under the CGA ?

kyhwana2

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#738965 31-Dec-2012 19:08

If you sign up for a 2 year contract with a free/subsidised phone, you expect the phone to last that long!
(Especially given that if the phone breaks and they don't replace it, you're out the rest of that contract period, basically)

Suggest that if they don't fix it/replace it for free "under warrenty", you're not longer required to continue on the contract. :) (And no ETFs!)

nigelj

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#740538 6-Jan-2013 00:10

openmedia:
irfrazer: Which Telecom store did you visit originally? Did they offer to send the phone to the repair agent?

I was at their Westgate store. The offered to have the phone looked at as long I agrees to pay for all repairs. Out of warranty they were unwilling to involve Samsung and stated that they had no obligations under the CGA.

I've found Telecom Westgate (actually, their retail stores in general) to be a bit misguided about repairs (although, thankfully no problems recently).

Personally I'm starting to think taking a printout of http://www.consumer.org.nz/reports/consumer-guarantees-act/the-guarantees anywhere you go is starting to be a good idea. The golden rule of the CGA is that it falls on the retailer not the manufacture.

blair003

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#740541 6-Jan-2013 01:03

It appears that to return an out of warranty phone via a Telecom shop you need to provide documentation in writing stating the nature of your claim under the CGA. Otherwise I was advised to either pay for the repair, or return the device directly to Samsung.

That sounds completely reasonable to me. Why didn't you just do that instead of posting here? Outline the problems wit the phone and say that you have an expectation that a phone would last 2 to 3 years and the fact it hasn't means its not acceptable quality and no longer fit for use. You expect the phone to be repaired or replaced per the CGA requirements, and if its not you will be taking further action.

Regarding calling 123, did you check that is in in fact Telecom NZ Limited that owns the retail outlet that sold you the phone? It has changed throughout the years, but here in Whakatane for instance it is Leading Edge Communications Limited who own the Telecom shop and have obligations under the CGA.

[edit - the part in writing sounded reasonable, not the rest]

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michaelmurfy

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#740554 6-Jan-2013 08:41

In this case this is why I just grab extended warranties, yes I know they might be a "scam" as said by some but it makes logical sense if you're taking up a 2 year contract but not having to bring out the CGA and having a no issue repair is worth it. But at least you appear to have it sorted!

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sidders80

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#740589 6-Jan-2013 10:10

mattwnz:
joker97: another reason not to sign a two year contract on a one year warranty! :(

Do any provide a 2 year warranty though? A better idea is not to signup to a contract at all, as you are end up paying a lot more for the phone anyway over time. You would think that if you did signup to a contract, that they would offer a free warranty extension for the contract period, or at the least abide by the obligations under the CGA, as long as it wasn't user damaged. I suspect a lot do get damaged.

Vodafone provides a 2 year warranty on their handsets. I have checked this with Samsung NZ and they have also confirmed it.

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#740604 6-Jan-2013 10:51

The "12 month warranty" is not a hard line folks. Goods are expect to last a bit longer than that and within reason the retailer has to provide service. I think two month out of warranty is reasonable.

The retailer can not say they are not bound by the CGA. They can't say you have to deal with the manufacturer directly. They have no say on that.

If this is a known fault then they have to arrange to have it forwarded for service.

It's a shame mobile phone manufacturers don't issue bulletins like car manufacturers do, saying exactly what problems exist and what can be done to rectify those problems.

For a $1,000 gadget the support received by consumers is appaling.

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sidders80

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#740605 6-Jan-2013 10:52

freitasm: The "12 month warranty" is not a hard line folks. Goods are expect to last a bit longer than that and within reason the retailer has to provide service. I think two month out of warranty is reasonable.

The retailer can not say they are not bound by the CGA. They can't say you have to deal with the manufacturer directly. They have no say on that.

If this is a known fault then they have to arrange to have it forwarded for service.

It's a shame mobile phone manufacturers don't issue bulletins like car manufacturers do, saying exactly what problems exist and what can be done to rectify those problems.

For a $1,000 gadget the support received by consumers is appaling.

Spot on

Sid

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