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?