Clarification of Warranty

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sen8or

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#1662747 2-Nov-2016 15:17

An interesting question, what refund would you be entitled to (assuming they were to extend warranty or CGA was to apply)?

You stated you were given the phone so have no out of pocket expense for buying it, presumably on a plan with free minutes, texts, data etc which you have had full use of for the term of the contract (24 months), so it would seem you aren't out of pocket except for the fact that the phone is not working beyond its contracted term.

I don't mean the question to be confrontational, I just can't think of another way of asking it

Sen

networkn

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#1662770 2-Nov-2016 15:19

sen8or:

An interesting question, what refund would you be entitled to (assuming they were to extend warranty or CGA was to apply)?

You stated you were given the phone so have no out of pocket expense for buying it, presumably on a plan with free minutes, texts, data etc which you have had full use of for the term of the contract (24 months), so it would seem you aren't out of pocket except for the fact that the phone is not working beyond its contracted term.

I don't mean the question to be confrontational, I just can't think of another way of asking it

Sen

Under NZ law items provided FREE with a contract, are considered to have been purchased for their RRP and hold that value, and all warranties etc. The cost of that device is built into your monthly contract fee (they don't get them for nothing).

jonathan18

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#1662775 2-Nov-2016 15:26

Have you not got on-hand one of the hundred top-end handsets you say you've purchased over the years to act in this phone's stead?!

mattwnz

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#1662776 2-Nov-2016 15:26

sen8or:

An interesting question, what refund would you be entitled to (assuming they were to extend warranty or CGA was to apply)?

You stated you were given the phone so have no out of pocket expense for buying it, presumably on a plan with free minutes, texts, data etc which you have had full use of for the term of the contract (24 months), so it would seem you aren't out of pocket except for the fact that the phone is not working beyond its contracted term.

I don't mean the question to be confrontational, I just can't think of another way of asking it

Sen

The CGA also covers things that are 'free'. But a phone on a contract isn't free, it is part of the contract, so is covered by the same CGA terms as if it was paid for separately. eg they are not just giving away free phones to anyone. It also covers products that someone may 'win', as a prize.

So if the fault is substantial, under the CGA, they would be entitled to a repair, a refund or replacement. But I think the issue the OP is having, is that it isn't covered by the CGA, as it was a business purchase, even though it looks to be a known defect. So if the retailer has contracted out of the CGA as a result, then apart from the sales of good act, there may not be much they can do. Maybe go back to the manufacturer and see what they can do?

wsnz

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#1664143 5-Nov-2016 10:13

networkn:

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

Looking at outcomes of cases taken to the disputes tribunal, they apparently agree with you, which is IMO a very reasonable position to take.

networkn

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#1664148 5-Nov-2016 10:26

jonathan18: Have you not got on-hand one of the hundred top-end handsets you say you've purchased over the years to act in this phone's stead?!

There is no need to be a dick. I don't keep phones. I play with them and move them on. Yes, I have a spare, but that's not the point. The point is a $1200 phone should be reliable for 3 years.

networkn

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#1673925 19-Nov-2016 00:11

I thought I'd give you an update!

The Phone was examined by Fonefix free of charge. They advised they confirmed the fault but wouldn't replace the device under warranty and offered me a discounted rate of $349 on a refurb phone courtesy of HTC.

I went back and politely requested they re-escalate through to HTC, as this is a well-known fault.

They sent out a replacement device free of charge two days later, under HTC's Customer Satisfaction Program, which was an excellent outcome.

I will definitely buy HTC devices when they have devices that match my requirements in the future.

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