Dialaphone wont fix my still under warranty phone!

  fridgeno1 22:25 15 May 2013

Hi I purchased a HTC One X from Dialaphone in August, last year, 2012. The phone initially sent me was faulty, so, I sent it back, and a replacement was re-sent to me. This replacement phone worked just fine until last week when it went all funny (the backlight wouldnt turn on, the phone reset itself and the screen flickered whilst in use)! The phone is now completely unusable... so I sent it off to Dialaphone (as the phone is still under warranty), hoping for a swift repair job. However, a few days after sending the phone, Dialaphone called me up to say that they are refusing to fix it, as the handset has already been opened and that I should send it to HTC to get a second opinion. Now there's two reasons as to why I wouldn't open the phone myself: 1, the phone is under warranty (so any repairs undertaken would cost me money), and 2,I know, that if you open any electrical product you invalidate the warranty (something i wouldn't do as I need it to be valid). I cant get through to HTC either via e-mail or phone and am now left in limbo as to what to do. Can anyone help? Thanks

  Forum Editor 22:48 15 May 2013

Your contract was with Dialaphone - HTC has no liability, other than under the terms of its manufacturing warranty. That covers faults in manufacture, but you didn't buy the phone from HTC.

With regard to the phone being opened - of course it has been opened, how would you get your network SIM card into it otherwise? I don't understand what Dialaphone is saying.

  fridgeno1 09:24 16 May 2013

It uses a micro sim card which goes in a slot at the top - so no need to open the phone, something I wasnt even aware you could do, as the phone is marketed as a uni body phone! From what I've seen on, 'Youtube' you can pop the phone apart, so if this is the case how can they tell if the phone has been opened (because even if it had been opened, prior to them receiving it, when they opened it, any security markers would have been undone the, surely)!

  Woolwell 12:01 16 May 2013

I suspect that the replacement phone was not brand new but refurbished hence "opened". Dialaphone should know this and it is up to them to repair or arrange repair/replacement.

  TV-Repairman 12:39 26 May 2013
  TV-Repairman 12:41 26 May 2013

Bear in mind that, after 6 months, under English law, the onus is on YOu to prove that the item was inherently faulty when supplied. In your case, evidence that it was "refurbished" or "pre-used" would be good.

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