The Lower Hutt Telecom Store damaged my new Galaxy Note II

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Reply # 751535 27-Jan-2013 17:10

nitrotech: I really can't believe so many people are getting on the band wagon - reality is they sold you a $5 SIM card you put it into the phone in such a way that damaged it = your problem.
?

THIS

I wish you all the best luck, but nitrotech's succinct summary is my conclusion as well.

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mattwnz

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Reply # 751540 27-Jan-2013 17:13

nitrotech: I really can't believe so many people are getting on the band wagon - reality is they sold you a $5 SIM card you put it into the phone in such a way that damaged it = your problem.

The adapters are fine if you are careful - I can't see how you could possibly win this one and is it worth your time?

I don't think the value of the card makes any difference. The thing is if someone is sold something and it caused damage due to them selling the incorrect thing, or a product with a design flaw that could cause damage, I would think that the store could possibly be liable. But it also comes down to how it was installed, eg if it was forced etc by the OP. I wonder what sort of damage is actually caused, is it just a bent wire?
Are the telecom stores not owned by telecom are they just franchises? I would ask to speak to someone further up in management in telecom

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Reply # 751541 27-Jan-2013 17:15

Why did you accept the Nano SIM in the first place when you asked for Micro SIM?

The Consumer CGA example involving a heater was also an exceptionally poor example and I wouldn't go near that as an example to back up your case. The Consumer view on that is exceptionally simplistic, and probably overrides clear instructions in the heater manual. If an electrical product isn't suitable for use in a damp environment it would say so in the manual as it's essentially required to be law - as is the case with virtually every heater.

Just remember using advice from Consumer they they are not they are law - they are a consumer advocacy group that has their own view of the law, and they're not right all the time.

Good luck with you fight, but personally speaking I see absolutely no grounds for your viewpoint or for Telecom to help you in this case. If they had damaged the product the issue would be an entirely different one.

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Reply # 751544 27-Jan-2013 17:18

As far as I'm aware telecom don't even sell micro sims now, they sell nano's with micro and full size Adaptors. The Adaptors work fine if they are put in carefully. If the store put the sim in and damaged the phone they'd be liable, I don't believe incorrect usage by the OP is the telecom stores fault.

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Reply # 751545 27-Jan-2013 17:22

nitrotech: I really can't believe so many people are getting on the band wagon - reality is they sold you a $5 SIM card you put it into the phone in such a way that damaged it = your problem.

The adapters are fine if you are careful - I can't see how you could possibly win this one and is it worth your time?

The adapters are not fine. When we switchex to vodafone we all got given micro sims in the thought eventually everyone would have smart phones in the future - makes sense i thought. However, the boys with the low end phones were having constant issues. Those of us with S3's and iphones were fine with no adapter. Luckily we have a great rep that could help us out but the potential for damage was really high. The sim comes out but the adapter gets caught on the pins.

Go hard mate!! Telecom need a lesson every now and again. I do feel sorry for the instore reps though lol....

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Reply # 751547 27-Jan-2013 17:25

A lot of foreign networks only have a single SIM card now - that can be punched out for a Nano, Micro or Mini SIM (example here)

mattwnz

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Reply # 751555 27-Jan-2013 17:34

How many phones use nano sims, compared to micro ones? Most new phones like the s3 and note have micro ones. Is it mainly just the new iphone 5 that has nano ones? If so, why would telecom only be selling nano ones?

It sounds like the adaptors they are using are faulty or not fit for purpose. Tht could be the avenue the OP want to go down. Who manufacturers the adaptors?

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Reply # 751565 27-Jan-2013 17:50

gregmcc: Keep at it, you are doing great, go armed with the relevent section of the CGA.

But also look at the section that also deals with claims for additional costs, such as the cost of petrol to go back and forward to the store, your time in dealing with the problem, have you sent the phone in for a quote on repair? if so I'm sure that there were costs assocated with that. If you have to file a case with the disputes tribunal there will be a filing fee, add that to your list of expensises.

Woah nelly! You absolutely cannot add the Disputes Tribunal filing fees to expenses you are claiming. That is explicitly forbidden by the enabling law and will get you a very angry talking to by the tribunal judges.

To the OP, I still hold that the CGA does not protect you in this case. Properly used, those adapters are perfectly safe so no it is not "reasonably foreseeable" that it would damage your phone in the slightest. And if you were uncertain if you could do it safely, you should have asked the store person to install it for you - they do this at no charge if you ask.

Stop taking advice from people advocating the adversarial route, especially when you have little chance of success - it will just cost you more in the long run.

The correct title for this thread should be "I damaged my new Galaxy Note II" because the Lower Hutt Telecom store didn't do it, YOU did.

sbiddle

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Reply # 751566 27-Jan-2013 17:50

Somebody has just mentioned to me that Telecom were looking to move to a Micro SIM with Nano SIM punchout (similar to the photo I showed above). Can anybody confirm this is is infact the case?

And whether the OP got one of these and punched out the nano SIM and then needed the surround to fit the Micro SIM slot, or whether it was an actual Micro SIM adapter?

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Reply # 751570 27-Jan-2013 17:52

Not sure how Telecom are liable as unless it was a store owned by them it isn't their problem.

If there are a lot of cases that show the adapter is faulty then fine go for it.

As I understand it you fitted the adapter to the phone and when you took it out it hooked some wire which broke! as above if it can't be proved it was due to faulty adapter or bad design I think you need to accept responsibility for breaking it.

However it should be fit for the purpose for which it was sold so yet again if it isn't then you have a case.

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mattwnz

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Reply # 751573 27-Jan-2013 17:59

jeffnz: Not sure how Telecom are liable as unless it was a store owned by them it isn't their problem.

If there are a lot of cases that show the adapter is faulty then fine go for it.

As I understand it you fitted the adapter to the phone and when you took it out it hooked some wire which broke! as above if it can't be proved it was due to faulty adapter or bad design I think you need to accept responsibility for breaking it.

However it should be fit for the purpose for which it was sold so yet again if it isn't then you have a case.

But it is trading on the telecom name and brand, so one would normally assume you are dealing with telecom. You often don't find out it isn't once you have paid and you look at the invocie.

jeffnz

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Reply # 751574 27-Jan-2013 18:03

mattwnz:
jeffnz: Not sure how Telecom are liable as unless it was a store owned by them it isn't their problem.

If there are a lot of cases that show the adapter is faulty then fine go for it.

As I understand it you fitted the adapter to the phone and when you took it out it hooked some wire which broke! as above if it can't be proved it was due to faulty adapter or bad design I think you need to accept responsibility for breaking it.

However it should be fit for the purpose for which it was sold so yet again if it isn't then you have a case.

But it is trading on the telecom name and brand, so one would normally assume you are dealing with telecom. You often don't find out it isn't once you have paid and you look at the invocie.

That as maybe but if it is a franchise then I fail to see how they are responsible legally, morally (if it is indeed their fault) maybe.

Thats like going Ford for an issue caused by South Auckland Ford, unless of course it is a design problem even then you would normally deal with the place that sold you the item.

Maybe someone from Telecom can verify that Micro sims aren't available anymore and why also if the adapters do actually cause this problem.

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Reply # 751575 27-Jan-2013 18:11

"The iPhone 5 is the only device currently requiring a NanoSIM."

Telecom site still advertises the Micro Sim so not sure why they would give you a Nano

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Reply # 751577 27-Jan-2013 18:30

jeffnz:

That as maybe but if it is a franchise then I fail to see how they are responsible legally, morally (if it is indeed their fault) maybe.

That's why I dislike franchises, and think that there needs to be regulation in that area for more consumer protection, when dealing with them. Although many retail stores under a brand are infact franchises, and are independently owned and operated, but the main company/brand will still handle problems with their stores.

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Reply # 751580 27-Jan-2013 18:45

sbiddle: And whether the OP got one of these and punched out the nano SIM and then needed the surround to fit the Micro SIM slot, or whether it was an actual Micro SIM adapter?

It's not clear at all from the OP's case statement.

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