SOGA advice please

jairaj
jairaj Posts: 3,009
edited October 2012 in The hub
My mobile phone has fault the ear piece speaker has stopped working. The reset of the phone works fine I just can't hear anyone unless I put it on speaker phone. The fault happened by it self I haven't knowingly dropped it or damaged it. The fault was intermittent at first but now is always present.

The phone is 14 months old and the warranty expired after 12 months. I am on a 18 month contract. If the shop refuses to repair the phone under warranty can I claim the item is not fit purpose and reject the goods?

Correct me if I am wrong but I was under the impression that goods had to be durable and of reasonable quality. I would expect a mid range smart phone to last more than 14 months especially if the contract it was supplied with was 18 months.

If I bought a super cheap pay as you go phone for £20 and it gave up after 14 months I'd say fair enough but my phone is far more expensive and I would expect it to last a bit longer.

So if the shop refuses to repair stating its outside the warranty period can I force them to repair it or reject the goods? Or am I being unreasonable?

thank you.

Comments

  • supersonic
    supersonic Posts: 82,708
    If the phone is an an 18 month contract then you have very reasonable grounds to expect it to last that long. The warranty is separate from your rights. However after 6 months the buyer may have to prove the item has an inherent fault.
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  • jairaj
    jairaj Posts: 3,009
    Cool thanks for the help.
  • larkim
    larkim Posts: 2,474
    Not sure the contract length has any relevance. The contract is for the supply of a phone service (calls, texts, data etc) and is unrelated to the phone. If you got the bottom of the range phone and took out a 5 year contract for calls / texts etc, that wouldn't increase the expectation that the phone would last any longer.

    HOWEVER, I would agree that it would not be unreasonable to expect that a smartphone should continue to work longer than 14 months.

    Best source of good advice on these sorts of things is the money saving expert site - see http://www.moneysavingexpert.com/shoppi ... s-exchange

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  • njee20
    njee20 Posts: 9,613
    Not sure the contract length has any relevance. The contract is for the supply of a phone service (calls, texts, data etc) and is unrelated to the phone. If you got the bottom of the range phone and took out a 5 year contract for calls / texts etc, that wouldn't increase the expectation that the phone would last any longer.

    Of course it does, you are buying the phone, that's the whole point, you can get contracts not appended to a handset (like O2 Simplicity) that run on a rolling month basis and are far cheaper. You pay over and above the usage charges in essence to subsidise the phone. Once your contract is up you can change the phone. Just find a 5 year contract and your point may have more validity.
  • allthegearnoidea
    allthegearnoidea Posts: 4,077
    what phone is it??
    a replacement speakers only around a fiver, ive replaced one in my old blackberry as Everything through the earpiece was distorted,
    youtube can be a godsend with finding out how to strip a phone down!!
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