Mobile phone screen problem

  Bjpuk 17:19 13 Dec 2016
Locked
Answered

Hi,

I have an Xperia Z3 that I took to Carphone Warehouse to have the screen replaced in August of this year. They replaced the screen under warranty. A couple of days ago I noticed that the screen was coming away from the body of the phone. I have contacted Carphone Warehouse and they have refused to help me with a repair stating that the phone is now out of warranty. I must, according to them, pay to have my phone repaired. Surely as the screen was replaced about 3 months ago I have some kind of consumer rights as the screen was obviously either not fitted correctly or was defective in some way. Any ideas on how to proceed.

Thanks,

Brian

  alanrwood 18:59 13 Dec 2016

Any repair must be "Fit for Purpose". That is the law.

  Bjpuk 23:51 13 Dec 2016

I know, it's getting Carphone Warehouse to accept that. Sigh.

Thanks.

  The Kestrel 09:35 14 Dec 2016

Speak to consumer direct via their helpline number for advice on how to pursue your dispute.

  Forum Editor 10:40 14 Dec 2016
Answer

It's important to understand that a manufacturer's warranty is in addition to your legal rights under consumer law. Warranty repairs are at the manufacturer's discretion, as it is not a legal requirement for a manufacturer to offer a warranty to consumers at all. A contract exists between a manufacturer and the person or company to which it sells its products.

If you bought the phone from CarPhone warehouse, a contract existed between you and them. Another contract existed between Carphone Warehouse and whoever sold the phone to them in the first place - the manufacturer. If the phone is faulty within the warranty period, you look to CarPhone warehouse, as that company is liable to you if a fault develops. CarPhone Warehouse then looks to the company it had a contract with. It is not up to you to have any dealings with the manufacturer.

If carPhone warehouse supplied you with the phone, and the repair it carried out is unsatisfactory the legal situation is quite clear - CarPhone warehouse must deal with the problem within a reasonable time, or provide you with a replacement phone at no cost. The fact that the phone is outside the manufacturer's warranty period is of no relevance. If CarPhone Warehouse provided you with a separate warranty that has now expired, that also is of no relevance.

  Bjpuk 12:10 14 Dec 2016

Thanks for the advice. I just need to get them to accept their legal responsibilities. Wish me luck.

  Forum Editor 20:27 14 Dec 2016

Let us know how you get on.

  Bjpuk 01:06 15 Dec 2016

Will do. Cheers.

  alanrwood 11:05 15 Dec 2016

Print out this thread and show it to Carphone Warehouse.

  Bjpuk 21:08 15 Dec 2016

Good idea, I will do that.

This thread is now locked and can not be replied to.

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