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mushion22

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#33517 7-May-2009 12:52
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Hiya chums. 


I need some consumer law advice. I'm pretty sure this would all be contracted and disclaimed out but i'm interested to know the details.


So customer A takes a mobile phone into retailer B for repair, the same retailer that they bought said phone from X number of days ago (X being a number of days that is less than the maximum reasonable time that the phone should be fault free for). 


The phone has a bunch of personal data on it, as well as content purchased from the same retailer (ringtones). The phone was sold on the basis that such content was available.


B sends the phone to a third party repair agent C to be repaired. C says that they will erase everything of the phone including all content, contacts, data etc. A signs a service ticket from C that clearly states a warning to that effect.


C then repairs the phone, deleting all data in the process, and returns it to B, who returns it to A. 


Now, what I am interested in is whether the CGA includes the cost of restoring that data that was deleted as part of liability for costs incurred due to the fault. Ie, the cost of repurchasing the ring tones and applications.


The examples typically used are when a washing machine breaks, the customer has to use a laundrette and the retailer of the machine must repay the laundrette costs.


I would liken this to other electronic devices where they were sold on the proviso that they can run additional applications. Eg if a computer breaks, does the retailer have to cover the cost of restoring the data? (I assume not). 


Are there any precedents for these types of situations?






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freitasm
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  #213146 7-May-2009 12:59
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I am not sure of precedents, but common sense would be to have a backup. Most computer repair (HP, Acer and even third party) will make you sign an agreement where you allow them to completely wipe your HDD to install a new image as part of their "repair". And most agreements will say clearly you, the customer, are responsible for keeping a copy of your personal data.

Of course there are lots of people who don't bother with little things such as backup... Until too late to do one.




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mushion22

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  #213156 7-May-2009 13:12
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Definately, backups are important. However for cell phones some things like ring tones/music can't always be backed up.

Also, the CGA is not contractable. Ie it's provisions can't be waived by signing a disclaimer etc.

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  #213225 7-May-2009 16:34
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If you've purchased the ringtones legitimately then you should be able to retrieve those same ringtones/music from the same supplier at no cost. At least this has been my experience.



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  #213256 7-May-2009 18:22
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Try and see if you can re-download the content free of charge again.

If it's considerable cost, contact the companies helpdesk, if it's recent, they can view the charges and *may* credit those affected.

If not, learn how to use some simple tools (mp3directcut/GiMP) that let you edit/trim your own ringtones/images, then you can use/transfer your ringtones/images however you choose.

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  #213267 7-May-2009 18:52
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Also, mobile phone repairs also can, at a non refundable cost, attempt to back up and transfer all of your settings/images/ringtones/contacts. However, if they succeed and your phone faults again, and they determine your content is to blame, then your warranty will be voided on the phone for any related repairs.
If they cannot get the content back, then you still have to pay their labour. Hence most people do not offer it, or go ahead with it.

Byrned
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  #214157 11-May-2009 17:05
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Going from your example I would believe the retailers responsibility under the CGA falls at providing the mobile phone back to you in the same software as they originally provided when it was sold to you. However I could be wrong...

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