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Old 14.07.2008, 15:16
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Defective mobile, retailer or manufacturer?

This is a somewhat old story, but was curious as to what you think my rights (if any) are. I've been an Orange mobile customer for some years now, pretty happy with the service etc etc. Last year I was entitled to replace my handset, so opted for the Samsung SGH 900, which is a great looking phone, with some nice functionality. After about 2 weeks, a small crack appeared in the LCD, which was surprising seeing as I'd never (knowingly) dropped it. Anyway, it didn't interfere with viewing the screen and as the handset cost very little with my subscription, I could live with it. However, the crack got bigger until I had difficulty reading the screen, so I took it back for, I assumed, would be a replacement as the screen is faulty. I've since found out that the LCD screen on this phone is notorious for cracking. After a few days, they told me it would cost around CHF300 to replace, as the screen isn't under guarantee (obviously, since it is made out of bloody paper, allegedly). Question is, under Swiss Law, who is liable for the replacement? Samsung or Orange? They've basically told me that there's no way I can get the phone replaced or repaired free of charge and I'm not paying out that amount of money for a defect which is not my fault. I've got a feeling you'll say I'm shafted, but fire away anyway. For your information, I'm using an older handset for the moment, which is OK, but not entirely ideal.
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Old 14.07.2008, 15:20
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Re: Defective mobile, retailer or manufacturer?

ask to speak to someone more important. I've had repairs done on an SPV600 where the screen was replaced, joystick was replaced and there was no quibble. That's within the 1 or 2 year warranty period.

Take proof from the internet search results you have that it's prone to crack.
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Old 14.07.2008, 15:27
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Re: Defective mobile, retailer or manufacturer?

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ask to speak to someone more important. I've had repairs done on an SPV600 where the screen was replaced, joystick was replaced and there was no quibble. That's within the 1 or 2 year warranty period.

Take proof from the internet search results you have that it's prone to crack.
I've been to 2 different Orange stores and as soon as they look at the phone, they start to shake their heads in a "we know what you're going to say, but we can't help you" fashion. I think they're fully aware of the defect and so are Samsung, which is why its not guaranteed and I'm not sure speaking to the manager is going to get me any further. I'm just wondering if there's any legislation I can arm myself with.
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Old 14.07.2008, 15:48
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Re: Defective mobile, retailer or manufacturer?

I had a very different response with a Nokia I bought from Manor 10 years ago. The sound was intermittent and when I took it to the shop they nodded wisely, pressed on a bit of the case around the screen said "Yes a known problem", and said they'd send it off for repair. I think I had to pay for the postage, but nothing like 300 Francs.
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Old 14.07.2008, 16:12
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Re: Defective mobile, retailer or manufacturer?

I totally agree with Lob. My phone is notorious for the keys cracking and it has happened a few times since I had it. I took some stuff printed from the internet, user reviews from respected websites and things like that and I always managed to blag a replacement

Good luck!
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Old 23.07.2008, 10:18
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Re: Defective mobile, retailer or manufacturer?

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Question is, under Swiss Law, who is liable for the replacement? Samsung or Orange?

Who did you buy it from? (answer:Orange), ven if it's for free as you've probably signed another contract with them which implies you've paid them something. They may send it to repair with Samsung, but that's their problem.

Also, Ask them where it say that the screen isn't covered by a warranty?

Do you have a legal insurance? (PrivatRechtsschutzversicherung). If you don't, I'd get one (costs 100-130.- Sfr per year) is they will normally verbally advise you about issues that are not covered by the policy (they don't cover buying houses, marital problems, anythong to do with vehicles/boats(another insurance needed, and advisable) and it's handy being a foreigner to have someone to ask such questions about. Saved my skin a few times!!
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