Clarification of Warranty

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networkn

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#205163 1-Nov-2016 13:07

So in May 2014, we were given a HTC M8 due to signing of a contract, by Vodafone.

It developed a fault, handled under warranty by Fonefix in Auckland. It was entirely replaced with a new device then.

It developed a second fault (well known stuck power button issue) this week.

VF are saying only the original warranty applies.

Fonefix are stating they only warranty 90 days or until the original warranty applies, whichever is less.

It is a business device, purchased under a business name.

It feels poor that a device that has such a well known issue wouldn't be covered under warranty for this.

Do I have recourse?

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#1662009 1-Nov-2016 13:13

Probably not since CGA will likely not apply to a phone bought for use by a business.

It is normal that warranty doesnt re-start on a replacement device.

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#1662022 1-Nov-2016 13:30

Nope, business = no CGA

Warranty is transferred from first device (i.e. whatever is remain on device 1 transfers to device 2).

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#1662025 1-Nov-2016 13:33

you still may have protection under the sale of goods act so you should read that to see if there is anything that applies. But you should escalate especially if it is a known defect. Not saying you will get anywhere though due to no cga protection. But known defects usually have recalls, so you would have to wonder why a recall hasn't been done. Is there any evidence that this is also affects lots of other people?

networkn

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#1662028 1-Nov-2016 13:40

Well, just the number of results on google for HTC One stuck power button.

There are a few "hacks" but to be honest, I don't feel inclined to do them.

It feels pretty unreasonable to have 2 faults on a $1200 phone in 2.5 years.

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#1662100 1-Nov-2016 15:52

This is probably the situation where buying an extended warranty can be a good idea. You would expect a phone costing over 1 grand, to last 3 years minimum, which is what most extended warranties are.

If you got the phone as part of a service contract, how long was the contract for? If it was 3 years, then the phone should really last for at least as along as the contract IMO.

networkn

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#1662101 1-Nov-2016 15:53

mattwnz:

This is probably the situation where buying an extended warranty can be a good idea. You would expect a phone costing over 1 grand, to last 3 years minimum, which is what most extended warranties are.

You don't get an option like that with VF.

konfusd

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#1662613 2-Nov-2016 12:29

mattwnz:

You would expect a phone costing over 1 grand, to last 3 years minimum, which is what most extended warranties are.

Standard manufacturer warranty will be one year. It's widely accepted that mobiles are expected to last two years before replacement, which is why by default consumer customers get an extra year of coverage from telcos (under the CGA).

The only extended warranty I am aware of in NZ for mobiles is AppleCare+, which is only two years (but does cover accidental damage at a reduced repair cost).

Disclaimer: I work for a telco; this post is my own opinion and may not reflect that of my employer.

I volunteer my time on here, and all opinions expressed are my own and do not necessarily reflect those of my employer.

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#1662616 2-Nov-2016 12:44

Your warranty applies only to the original purchase, not the new device (IE the clock doesn't reset with the new unit), so 18 months additional use out of warranty period probably isnt too bad.

If it was 2 1/2 years ago, I'd assume you are now out of contract and free to enter into another term contract and get another $1200 odd phone for free?

networkn

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#1662618 2-Nov-2016 12:47

sen8or:

Your warranty applies only to the original purchase, not the new device (IE the clock doesn't reset with the new unit), so 18 months additional use out of warranty period probably isnt too bad.

If it was 2 1/2 years ago, I'd assume you are now out of contract and free to enter into another term contract and get another $1200 odd phone for free?

It's 6 months out of warranty, 2 and a half years from original date of purchase. But it's 2 faults in that time, and the second is a well known issue.

I believe a fair number of companies (Apple for example) have specific faults, they will extend a warranty on.

sen8or

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#1662620 2-Nov-2016 12:52

Also note, the consumer guarantees act does not exclude businesses purchasing goods, there are criteria when the CGA applies and doesn't (section 2 part 1), but the act itself doesnt specifically exclude businesses. There is a provision within the CGA that all parties to the agreement have to agree to contract out of the CGA (section 43) which would support the interpretation that businesses aren't automatically excluded.

As above though, past 2 years for a business use phone is probably not an unreasonable lifespan

networkn

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#1662628 2-Nov-2016 12:59

sen8or:

Also note, the consumer guarantees act does not exclude businesses purchasing goods, there are criteria when the CGA applies and doesn't (section 2 part 1), but the act itself doesnt specifically exclude businesses. There is a provision within the CGA that all parties to the agreement have to agree to contract out of the CGA (section 43) which would support the interpretation that businesses aren't automatically excluded.

As above though, past 2 years for a business use phone is probably not an unreasonable lifespan

Really? 2 years on a $1200 phone? I'd argue that's not reasonable.

mattwnz

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#1662702 2-Nov-2016 14:08

konfusd:
mattwnz:

You would expect a phone costing over 1 grand, to last 3 years minimum, which is what most extended warranties are.

Standard manufacturer warranty will be one year. It's widely accepted that mobiles are expected to last two years before replacement, which is why by default consumer customers get an extra year of coverage from telcos (under the CGA).

The only extended warranty I am aware of in NZ for mobiles is AppleCare+, which is only two years (but does cover accidental damage at a reduced repair cost).

Disclaimer: I work for a telco; this post is my own opinion and may not reflect that of my employer.

CGA is based on a number of factors and is treated on a case by case basis,, which is why there is no defined time limit. So an expensive premium brand phone should last longer than a cheap lessor known brand. So a new 1500 iPhone IMO should last longer than a 300 dollar house brand phone. So if a 300 phone is expected to last 2 years, then an iPhone should last longer. I believe it is a breach of the CGA for companies to put a time limit on life expectancies of products when there is a CGA claim.What extended warranty durations are, are irrelevant to the CGA, and the CGA often provides more protection anyway from my experience.

mattwnz

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#1662706 2-Nov-2016 14:10

networkn:
sen8or:

Also note, the consumer guarantees act does not exclude businesses purchasing goods, there are criteria when the CGA applies and doesn't (section 2 part 1), but the act itself doesnt specifically exclude businesses. There is a provision within the CGA that all parties to the agreement have to agree to contract out of the CGA (section 43) which would support the interpretation that businesses aren't automatically excluded.

As above though, past 2 years for a business use phone is probably not an unreasonable lifespan

Really? 2 years on a $1200 phone? I'd argue that's not reasonable.

It isn't reasonable IMO, if it has been well cared for and not abused etc. Although business stuff can get more usage than personal stuff, which is likely why it is often excluded from the CGA. Has the retailer actually contracted out of the CGA when it was purchased?

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#1662719 2-Nov-2016 14:19

networkn:

So in May 2014, we were given a HTC M8 due to signing of a contract, by Vodafone.

It developed a fault, handled under warranty by Fonefix in Auckland. It was entirely replaced with a new device then.

It developed a second fault (well known stuck power button issue) this week.

VF are saying only the original warranty applies.

Fonefix are stating they only warranty 90 days or until the original warranty applies, whichever is less.

It is a business device, purchased under a business name.

It feels poor that a device that has such a well known issue wouldn't be covered under warranty for this.

Do I have recourse?

I was recently offered a choice between a new pair of wellies or a refund on a pair of split wellies 8 months old. I took the refund and bought new wellies (the same ones) because then the warranty starts again..!

networkn

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#1662721 2-Nov-2016 14:20

Geektastic:

networkn:

So in May 2014, we were given a HTC M8 due to signing of a contract, by Vodafone.

It developed a fault, handled under warranty by Fonefix in Auckland. It was entirely replaced with a new device then.

It developed a second fault (well known stuck power button issue) this week.

VF are saying only the original warranty applies.

Fonefix are stating they only warranty 90 days or until the original warranty applies, whichever is less.

It is a business device, purchased under a business name.

It feels poor that a device that has such a well known issue wouldn't be covered under warranty for this.

Do I have recourse?

I was recently offered a choice between a new pair of wellies or a refund on a pair of split wellies 8 months old. I took the refund and bought new wellies (the same ones) because then the warranty starts again..!

Wasn't offered a refund or I would have taken it.

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