Re: Sale Of Goods Act and mobile phones

On Sun, 11 Sep 2005 23:21:52 +0100, "Sparks" <this@xxxxxxxxxx> wrote:

>I have an Orange SPV mobile phone, it was given to me by orange in exchange
>for extending my contract for 12 months in Feb 2005.
>
>This phone went faulty about 3-4 months ago, I called Orange, and they
>arranged a replacement immediately without charge, excellent service.
>
>This phone has now gone faulty (people cant hear me when they call or I call
>them, so it's pretty useless!)
>Orange want to charge me an "admin fee" of £15 to swap the phone over now.
>When questioned what I wasn't charged this before, they said under my
>insurance they usually wave this fee the first time it is used (they didn't
>tell me they were waiving the fee last time, they just said there would not
>be a charge)
>
>Ok, I said, I would not like the phone replaced under my insurance, but
>would like it replaced or repaired under it's warrantee.
>
>"Sorry sir, you will have to speak to the manufacture about this, as your
>phone is older than 6 months" came the reply (This was after I asked to
>speak to a supervisor)
>
>Now, I was under the delusion that the phone was provided to me by Orange,
>so therefore my contract under the SOGA is with them, not the manufacturer,
>they say the SOGA does not apply to mobile phones, I need to deal with the
>manufacturer directly.
>
>Now is this a total shower of ***, or are they actually correct
>(apparently they have don't it this way since some time on 2003 I was
>assured by Graham in customer services)
>

SOGA certainly applies to mobile phones.

But once it is over 6 months old, to have a case against the retailer,
you have to show that the fault was inherent at time of sale.

While the manufacturer is contractually bound to honour their
warranty, which is often longer.
--
Alex Heney, Global Villager
Everywhere is walking distance if you have the time.
To reply by email, my address is alexATheneyDOTplusDOTcom
.