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Phone Not Fit For Purpose


kirkie
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I have recently joined Vodafone from T-Mobile as I wanted the new Sony Ericsson C902. Within the 1st 14 days of the contact I sent the handset back due to problems and had a replacement SIM card.

 

This phone was sent for repair due to a fault and since they have sent me yet another new handset and SIM, but the current still has issues.

 

Vodafone are now saying that they will not replace this handset, but would give me a refurbished one instead.

 

I obviously don't want this and just basically would just like to leave, but I am tied in to an 18 month contract. Is there anything I can do at all to break this contract at no cost to me due to them not supplying a phone which is fit for purpose or providing a decent service?

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I believe when buying anything, the item must be fit for use as intended. As yours is obviously not, then i would pursue on this line. As for getting out of the contract, that can be tricky, but contact their head office and insist.

Please note that although my advice is offered, you should consult your legal representative before taking ANY action.

 

 

have a nice day !!

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I believe when buying anything, the item must be fit for use as intended. As yours is obviously not, then i would pursue on this line. As for getting out of the contract, that can be tricky, but contact their head office and insist.

Cheers I have sent them an email so we will see what happens...

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Unfortunately, this ONLY applies to the first handset you had (as supplied). You lose all rights to reject the goods when you accept a replacement. Do also remember that this is a right under the Sale of Goods Act, but irrespective of the outcome of this, you also have a contract with the network which is not dependent on whether the phone works or not - as the contract covers only the use and operation of the SIM card.

 

Once you have accepted a replacement, then all the network need do is supply a serviceable replacement, and after that only offer to repair or replace at their option.

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