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On 04/08/2013 15:04, Mark Evans wrote:
If however, as in the case I mentioned, you're paying the shop for insurance, that is most definitely a service which has zero to do with the manufacturer, and in theory they ought to have nowhere to go but resolve the problem.-----BEGIN PGP SIGNED MESSAGE----- Hash: SHA1 On 04/08/13 10:28, Grant Phillips-Sewell wrote:On Aug 4, 2013 10:14 AM, "Martijn Grooten" <dcglug@xxxxxxxxxxxxxxxxxx> wrote:On Sun, 4 Aug 2013, bad apple wrote:So before I go and look into reflashing it, I'll go and complain to Vodafone. They should be obliged to fix it, or give me a new phone.Haha, good luck with that (read the small print).I don't care about the small print, I care about the law, which says thatIn practice most "small print" enumerates what the writer would like the law to be. Which can have very little in common with what the law actually says.if you purchase something that stops functioning properly earlier than you have reason to expect, it's up to the seller to fix it, or provide you with a new item.Or to refund your money, so you can take your business elsewhere.Flashing the device may void this implicit warranty and seeing as I'm notyet sure it's not some kind of hardware issue, I'm going to try and get it fixed first. I can always flash it should that fail.Martijn.I love it when shops then start saying "you'll have to take it up with the manufacturers under their warranty" - no love, I'll take it up with you under the Sale of Goods Act, thank you.A manufacturer's warranty is additional to the seller's legal obligations. (Even if they are the same entity.) In theory you should only need to use this if the seller no longer exists or the warranty covers a longer time than the seller's obligations. The only real loophole is being able to claim that software is neither a "good" or a "service", thus outside the scope of the legislation.
Note I said 'in theory'.With regard to firmware (the OS in this case), if sold without it the phone is not fit for purpose as it cannot be used for the any of the intended functions and I would argue it is an integral part of the phone's operation and therefore a good. Software I would class as the apps installed by the manufacturer or owner without which you can still obtain some functionality from the device.
Julian -- The Mailing List for the Devon & Cornwall LUG http://mailman.dclug.org.uk/listinfo/list FAQ: http://www.dcglug.org.uk/listfaq