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# 107234 8-Aug-2012 18:41
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Hi,

My 3.5 month old galaxy nexus recently went on the fritz (baseband/efs corrupted and un restorable), this is a hardware fault and I never rooted the phone etc. I took it back to the shop I brought it from, they have had it in at a 3rd party repair for the last 3 weeks (it was originally parallel imported so no manufacturers warranty), this is what I would consider to be the the max repairable time for a handset. Im getting impatient and they dont seem to be able to fix it. 

Im planning on going into the shop tomorrow to demand $$, or a brand new replacement. From my previous discussions the owner of the shop seems unwilling to give me a brand new replacement, his reason is that the phone has a really small and insignificant piece of black paint missing (rubbed off) from the ear piece and a small scuff on the back of the phone (other than that the phone is mint). And that he would give me a second hand replacement. It seems like a massive cop out on his behalf.

I dont want a second hand replacement, as that would be very sub optimal (do you want somebodys old phone?). Am I within my rights to demand a new phone instead of a second hand replacement phone?

I have read relevant legislation and remedies they provide. I cant find a solid answer to this question. But I think I am within my rights to demand this.

Also is my only giving them 3 weeks unreasonable (I dont think it is)?

Thoughts?

Cheers.

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  # 669771 8-Aug-2012 18:44
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3 weeks is reasonable

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  # 669774 8-Aug-2012 19:01
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lots of other companies give 2nd hand goods ('reconditioned') as replacements. Apple, for example, do this all the time.

It would have to be of a good standar dthough - not covered in scuffs or full of someone else's photos etc

 
 
 
 


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  # 669796 8-Aug-2012 20:13
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Have a look at the CGA, basically reasonable repair time is required. If they can't repair it, it should be replaced or fully refunded (CGA doesn't have any provision for a pro-rated refund - this means a full purchase price refund), if it's a replacement then you do not have to accecpt a 2nd hand phone, you didn't buy a 2nd hand phone, you brought a new phone, it must be replaced by a new phone unless you come to an agreement otherwise.

If the retailer refuses to co-operate, then advise them to read the CGA, advise them that you will file a complaint with the disputes tribunal, which will incurr addition costs for the filing fee, your lost time is dealing with this issue and rental on a phone until the issue is resolved, all which are valid addtional costs you can claim for.

Most retailers will quickly figure out that is is way easier to fully refund or replace with new.




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  # 670030 9-Aug-2012 12:44
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If they don't have any backup due to parallel importing everything, then that's their problem, not yours. They're still bound by the same laws whether they are able to get things repaired by official agents under warranty or not. Some brands _will_ be covered by manufacturer warranty even if bought via other means.

No way you should need to accept anything other than either your repaired device, or a brand new replacement.





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  # 670142 9-Aug-2012 15:33
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IMHO the condition of the phone is irrelevant unless it led to the defect. If his interest is in reselling the phone after it is repaired, then he can just repair it for you. Otherwise he is just trying to talk you down to accepting something less than you are entitled to.

Edit: However since a reasonable repair interval isn't specified in the CGA you may have to wait more than 3 weeks, and the shop will try and use that as leverage for a sub-optimal solution from your perspective. (i.e you can wait or you can accept this now).




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  # 670147 9-Aug-2012 15:47
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Advise the shop-owner what you consider to be an unreasonable time frame for which it to be repaired by. Myself, I would think 4 weeks is reasonable, 6 weeks is not. Come to a middle ground and say 5 weeks deadline (so another 2 weeks). This will give him a time frame, from which point you can start talking refunds or replacements.
I would be demanding a new replacement (or a very good refurb with balance of existing warranty), or a full refund.

As mentioned above, if you do take to disputes, you can add filing costs, replacement phone rental, reasonable costs relating to the loss of use of your phone to the dispute.

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