Vodafone/Nokia 5800 LCD screen not covered by warranty***RESOLVED***

[Guest coz1873]

OK - got a Nokia 5800 back in March. Already had the common speaker fault repaired, now the LCD screen is 'cracked'. I took it to Vodafone who said its not covered by warranty so will cost £40 to fix. I am disputing this because I never did anything to break it. There is not a scratch or mark on my phone. I sent a text, put it on a seat, picked it up 10 mins later and half the screen was badly pixelated.

 

A bit of arguing on the phone and was told that 'We don't cover the LCD screen under warranty'. First thing first, I though that by UK law EVERYTHING has to be covered by a 1yr warranty. That can't just exclude whatever parts they want, can they??... Any experts out there?????

 

Secondly, I fully understand that phones get dropped, kicked etc... but they MUST be able to withstand reasonable use and handling. I know it hasn't been abused but they only have my word for that - fair enough, but I am telling them that if they can prove there is damage then I will pay. They can't! The woman on the phone even said 'you might have pressed the screen too hard'. How hard would you press a screen? It is a touch screen, designed to be pressed. 'even in your pocket it could have been damaged'. Firslty, it hadn't been in my pocket when it broke but, its a phone, do I need to carry it wrapped in bubble-wrap???

 

Advice please. They have be over a barrel in the sense that I won't get my phone back til I pay them, but I am going to follow this up.

 

Years of avoiding Nokia - now I know why

[buzby]

It's a common problem, but the answer won't be to your liking. These screens are VERY fragile. They don't have to be dropped or what you would normally refer to as 'abuse'. Twisting the frame of the phone is enoug for the LCD panel to fracture. You can argue that it isn't fit for purpose, but then, if you got caght in the rain, that won;t be covered either.

 

LCD screens when over 3" in any phone are subject to considerable stresses. If the phone is candled with care, then it will work for years, but it is quite possible to have a phone is your back pocket, sit down and the screen has malformed requiring a replacement. The last one I saw was in a Mc Donalds, they guy had the phone in his top inside pocket, bent actoss the table to grab something from the seat opposite, and the edge of the table caused the stress to crack the display.

 

Many argue that it isn't fit for purpose, but this fails, as if care is taken, there are no issues, just that people need to remember the larger screens require greater care.

Edited September 3, 2009 by buzby

[Guest coz1873]

I know we are getting into grey area's here, but, its a bit like buying a new car & the windscreen cracks when washing it by hand with a sponge. Its not designed for 'sponging', but its got to survive reasonable stresses/usage so you would still have a fight with the manufacturer.

 

I'd say more than just care is needed. I honestly placed the phone on a seat. My car seat actually, so a soft placement and surface. Drove for 10 minutes - Stopped - then picked it up & it was damaged.

 

The other part where they simply refuse to cover LCD screens can't be right either. They are pre-empting problems and dismissing their customers, regardless of the cause.

[buzby]

No LCDs ARE covered - it is just they're so reliable the bulk of claims that they are inherently faulty is usually wrong - it is external action that causes the problem. For example, a good many phones were showing lines down the screen, like tramlines - this was found to be NOT a screen fault, but a cracked ribbon cable supplying the video to the display. Because the cable moved when the phone opened/closed, it took some time to get the manufacturers to admit the cable loom was the problem and fix it.

 

Screens that look as though they're leaking black ink HAVE been stressed and as this is always post-purchase, it makes it easy for them to reject. At issue is proving a negative - how do you prove you didn't abuse it? This is why insurance does have its uses.....

Edited September 3, 2009 by buzby

[Lee Vodafone Company Rep]

Hi coz1873,

 

Have you been able to get this resolved yet?

 

If not, feel free to email your details to us following the steps in our pinned thread here.

 

Once you've sent the email just let me know by updating your thread and I'll keep an eye out for it.

 

Thanks,

 

Lee

 

Web Relations Team

 

Vodafone UK

[Guest coz1873]

I know its a long time since the previous part of this mail thread but i'll add an update in case someone else has a problem and stumbles across this...

 

I did get my phone fixed and didn't pay for it. The comments by 'Buzby' were very ill-informed. I took legal advice and was told that 'It is not legal for any company to put a blanket exclusion on any part of any item they sell from their warranty'. They can refuse to fix/replace an item if they 'prove' that you broke it... Thats the key. If it breaks within 6 months then the damage is 'assumed to be a manufacturing fault'. Unless they prove to you that the item was abused/misshandled then they have to fix it. I had a similar fall out with Phones-4-U after the keyboard on my dads phone stopped working. It was a fight but in both cases I won.

 

Stick to your guns!!!!!!!!!

[buzby]

Misinformed? I don't think so!

Proving a negative is an impossibility - just how is a shop going to prove you didnt do something? The actuality is there is a high risk of failures caused by misuse. By all means throw a hissy fit, if the shop sticks to it's guns your only recourse is court. Make enough noise and they may be minded to replace with refurb if they cannot point to any tell-tale Indicators to prove abuse. Manufacturers seldom make phones inherently faulty, therefore it is with YOU to prove the problem to the satisfaction of the retailer not as you Ppear to believe, the other way round!

[Human Writes]

I know its a long time since the previous part of this mail thread but i'll add an update in case someone else has a problem and stumbles across this...

 

I did get my phone fixed and didn't pay for it. The comments by 'Buzby' were very ill-informed. I took legal advice and was told that 'It is not legal for any company to put a blanket exclusion on any part of any item they sell from their warranty'. They can refuse to fix/replace an item if they 'prove' that you broke it... Thats the key. If it breaks within 6 months then the damage is 'assumed to be a manufacturing fault'. Unless they prove to you that the item was abused/misshandled then they have to fix it. I had a similar fall out with Phones-4-U after the keyboard on my dads phone stopped working. It was a fight but in both cases I won.

 

Stick to your guns!!!!!!!!!

 

I'm with Buzby on this one, your comments are not factually correct.

 

There is a difference between a fault and damage which you seem to have missed. LCD displays on phones don't shatter by themselves, the seller of the goods refused to replace your phone under warranty because there were no faulty components, you broke the phone, then you tried to pass off the damage you caused as a fault to get them to repair or replace it.

 

They were well within their rights to tell you they would not replace the phone.

 

Damage of goods accidental or otherwise is not something that will ever be covered under warranty, you might have got the companies in both cases to replace the goods for you, but I assume that this is because you kicked up a fuss or caused a nuisance to the extent that they decided it was easier to just replace the goods so that you would go away!

 

From a legal standpoint if a phone becomes faulty within six months of you purchasing it, the fault is assumed to be inherent at point of sale and legally the seller must repair or replace the goods unless they can show you've damaged them. Sitting on a phone until the screen breaks is not and never will be a fault!

[Yoshiro]

I'm with Buzby on this one, your comments are not factually correct.

 

There is a difference between a fault and damage which you seem to have missed. LCD displays on phones don't shatter by themselves, the seller of the goods refused to replace your phone under warranty because there were no faulty components, you broke the phone, then you tried to pass off the damage you caused as a fault to get them to repair or replace it.

 

They were well within their rights to tell you they would not replace the phone.

 

Damage of goods accidental or otherwise is not something that will ever be covered under warranty, you might have got the companies in both cases to replace the goods for you, but I assume that this is because you kicked up a fuss or caused a nuisance to the extent that they decided it was easier to just replace the goods so that you would go away!

 

From a legal standpoint if a phone becomes faulty within six months of you purchasing it, the fault is assumed to be inherent at point of sale and legally the seller must repair or replace the goods unless they can show you've damaged them. Sitting on a phone until the screen breaks is not and never will be a fault!

 

Please provide some form of evidence to back up your claims that an LCD cant just shatter by itself! As this is complete and utter twollocks!

 

The whole design is fragile and especially with the 5800 that has a flexible screen its more than likely to happen.

 

Also even if he did push slightly too hard on the screen and it broke then its not fit for purpose. As these screens are designed to take quite a hard prod on them due to the heavy handed approach of todays market, so therefore if it breaks during the first 12 months then thats covered.

 

This i also know as i got a 5800 replaced due to the screen cracking, and the chap in carphone warehouse also informed me that the first lot of screens were actually faulty and were cracking easily!

[buzby]

Yes, shattering 'by itself' is complete and utter rubbish. It requires an external force. and since the device will be in the care of the owner the retailer can justly claim any such problem is the result of carelessness (or divide intervention, if you believe in that sort of thing).

 

Yes, a screen of this size will shatter if the the phone is bent. Are you arguing that the phone should not bend, ergo the fault is manufacturing because the casing was not strong enough? If so, then this is a different issue entirely.

 

Where there is a specification issue that result in cracking and this is acknowledged then there is no issue, it IS covered, and is no different from firmware issues that render many functions unusable until an update, reflashing is always offered.

 

As always, the usual report of a cracked screen is a result of the owner having it in a back pocket and sitting down. There is more of those, than complaints about self-cracking screens, therefore you need to ensure you do research to ensure there IS an acknowledged problem, rather than looking for a convenient scapegoat.

Edited June 11, 2010 by HSBCrusher
substituted a better word :-D

[Lee Vodafone Company Rep]

I know its a long time since the previous part of this mail thread but i'll add an update in case someone else has a problem and stumbles across this...

 

I did get my phone fixed and didn't pay for it. The comments by 'Buzby' were very ill-informed. I took legal advice and was told that 'It is not legal for any company to put a blanket exclusion on any part of any item they sell from their warranty'. They can refuse to fix/replace an item if they 'prove' that you broke it... Thats the key. If it breaks within 6 months then the damage is 'assumed to be a manufacturing fault'. Unless they prove to you that the item was abused/misshandled then they have to fix it. I had a similar fall out with Phones-4-U after the keyboard on my dads phone stopped working. It was a fight but in both cases I won.

 

Stick to your guns!!!!!!!!!

 

Hi coz1873,

 

It's certainly a fair while since this thread was started but it's great to hear that you've been able to get things sorted out.

 

Should you require any further assistance in the future then you're welcome to get in touch with the Web Relations Team by following the steps in our pinned thread which I link you to last year.

 

All the best.

 

Lee

 

Web Relations Team

 

Vodafone UK

[Sandy01]

Hi I have just had the same scenario, My phone was about 2 months old, I actually had the phone in my hand, I was holding it when the screen broke, I entered a doctors surgery waiting room, looked at the time on my phone, looked again about half an hour later and it had broken.The phone had been in my hand the whole time. The dealer said no warrant because of physical neglect. What else could have caused my phone screen to crack. It was the inside and not the outside screen. I wonder how many times this happens and people just buy into the 'oh well I will get a new phone' . Perhaps it is a good way for phone sellers to make more money, The retailer could not even justify her reason just told me I must have dropped it over and over again. I do have a bee in my bonnet now because I do not like the fact that they insinuated I was lying. Any help just to put my own mind at ease why this may have happened before I buy a new phone. ( PS my teenage children drop there phones all the time and the screens do not break and I am so very careful and mine does haha) Cheers

[Lee Vodafone Company Rep]

Hi Sandy01,

 

Welcome to CAG and thanks for making me aware of this matter.

 

It is unusual for a screen to break without any external pressure having been applied, however, I'm sure we can arrange a repair for you to get it back in working order again.

 

To enable to assist you with arranging this could you email us your details by following the information in our pinned thread here http://www.consumeractiongroup.co.uk/forum/showthread.php?213340-Vodafone-Webteam-for-Customers-With-Problems?

 

Once you've sent it you'll receive an automated reply with a reference number. Could you update the thread with this so I can make sure it reaches us and I'll get back to you as soon as I can?

 

Kind regards,

 

Lee

 

Web Relations Team

 

Vodafone UK