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Mobile Phone .What is the definition of damage when under warranty?


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I took my nokia n70 back to comet today within the 12 month warranty

Basically when you plug the charger in nothing happened.

The woman at the service desk warned me that if it was damaged i could not claim for repair under the warranty.

Have you ever seen the pin on the end of the charger?Well it is 2mm diameter and the end of it was slightly burred.

I said to her surely this is fair wear and tear considering how many times in nearly a year it has been charged,her reply was that if nokia state it is damaged then i would have to pay to have it repaired.

I told her as far as im concerned it has 12 months warranty,so what do you think i should do if asked to pay for repair?

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I would say damage is something done to it that would not happen under normal usage. So dropping it would be damage. The buttons falling off under usage would not be damage.


I personally would not have even bothered about the warranty. If something is not working under normal use after such a short period then it is not fit for purpose. In such a case you will have a potential claim under sale of goods.


Have you tried using another charger? My old phone is a n70 and never had any problems with it.

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  • 3 weeks later...

So Comet state that the phone has been repaired but the repair is a chargeable one to me.

I have told them i will not pay for the repair as i consider it :-1. To be normal usage wear and tear....2.It was taken back within the 12 month warranty.

They have said well if you do not pick it up nokia will just scrap it.

So any thoughts on my action plan and any thoughts on the law .

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  • 3 weeks later...

Well after 6 weeks of waiting,my phone never appeared from the repairs so i suggest any-one who experiences any problems with getting something fixed to do this:-

E-mail Amanda donaldson at Kesa electricals,she is directly in contact with the managing director,explain your utter disgust at comets customer service and hopefully like i did you will get a FULL refund and a very apologetic letter.

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