Faulty mobile

[landlor]

Hey All,

 

I bought Google nexus mobile seven months back and its battery is not working well now. It drains away too soon.

 

I want to know my legal position on this.

 

 

I know that as per Sale of Goods Act, one can claim refund , with deduction for usage,

if the stuff sold is found to be faulty within a reasonable time.

There is no set reasonable time and it varies from the type of stuff bought/sold.

 

I want to know as to what is considered a "reasonable time" for mobile phones?

 

Naturally four weeks is too less as the battery can work well for four weeks?

 

Thanks for your replies.

[Guest]

7 mths wld be well within re a mob phone for such use. eg moto g phone has a fixed battery, wld expect that to last more than 7 mths. but it has a relatively higher battery power.

is it faulty though, or re usage/software. what do you mean by 'drains away too soon'?

there may be a 'bug' re its use which cld be fixable eg http://www.forbes.com/sites/gordonkelly/2014/11/05/google-confirms-android-5-0-lollipop-delay/

what is the battery power, which model?

[landlor]

Hey Ford,

 

Thanks for the reply.

 

It is nexus-5 model with Kit-kat.

 

I essentially want refund, after deduction whatsoever. Don't want to try with repair and replacement by a refurbished is a big no as mobile is a personal equipment and don't feel like using something which was used previously by someone else.

 

Can I push for refund? Battery runs out within two-three hours.

 

Thanks.

[Guest]

could it be a software bug that can be fixed re a soft update? i ask, cause they'll prob (might) consider that, amongst other things, before considering any refund.

eg

http://www.ibtimes.com/google-working-nexus-5-battery-drain-fix-affects-all-android-devices-kitkat-qualcomm-chips-1559771

[MaxxPower]

Unfortunately the choice of repair/replace/refund lies with the retailer I believe, not the customer.

[landlor]

Unfortunately the choice of repair/replace/refund lies with the retailer I believe, not the customer.

 

But for items like mobile, which one holds all the time, can I not reject replacement by refurbished mobile.

[Guest]

But for items like mobile, which one holds all the time, can I not reject replacement by refurbished mobile.

 

 

possibly. but, you'll need to consider the poss 'software' fix first. have they offered a refurb as a replacement?

[MaxxPower]

But for items like mobile, which one holds all the time, can I not reject replacement by refurbished mobile.

There's no legislation which says you can force them to not offer you a refurbished replacement. Offering a refurbished model as a replacement is probably more common in the mobile phone industry than anywhere else.

[Guest]

There's no legislation which says you can force them to not offer you a refurbished replacement...

 

in general. apart from the sale of goods etc. depends on each individual circumstances.

[Migster]

I'm surprised you're still running Kit-Kat, as I have a Nexus 5 and had an automatic "over the air" upgrade to Lollipop a few weeks ago. Perhaps upgrading to Lollipop might help the problem. If you go to Settings, About phone, System updates, Check For Updates, it might force it to update to Lollipop.

 

Alternatively, have you looked in Settings, Battery, to see which particular phone functions and apps are using most of the battery's power? that might identify that something is amiss.

[MaxxPower]

in general. apart from the sale of goods etc. depends on each individual circumstances.

 

That doesn't say that a replacement cannot be a refurbished unit. As long as the refurbished unit is fit for purpose then it would comply with the law.

[Guest]

That doesn't say that a replacement cannot be a refurbished unit. As long as the refurbished unit is fit for purpose then it would comply with the law.

 

 

depends on each ind circumstances. but yes if they are offering a replacement, the replacement offered cld well be a refurb being similar (corresponding to age) or better model.

i said 'in general', depend't on the circs. so for eg, if a unit is deemed faulty and not too old, then a refund cld be poss.

but yes in this thread, a refund seems unlikely atm. partic as a soft update may be the answer.

[landlor]

Hi All, Thanks for the replies above.

 

Ford, Yes they are offering a refurbished as replacement.

 

About software consumption, I just checked, and it says 49% is used by Android, facebook 25% and the rest are few of applications. which have always been there. My Android version is Lollipop and the system update button says that my Android is latest.

 

I have heard that Lollipop on Nexus-5 had battery life issues but Google has fixed that and I believe there shouldn't be any software issues any more.

 

This battery power has been an issue for quite some time on my phone. Does Android maintain any history of battery performance? Refurbished is a big no for my wife as she does not want to use a mobile which was used by someone else previously.

[Migster]

Well my Nexus 5 is currently at 65% battery power, so 35% has been used. On my usage list Android OS and Android System only account for 2% each, so just over 10% of the 35% used between them. Based on this, your 49% usage by Android seems very high and may therefore be the cause of your problem.

 

From reading a few articles, it seems that an updated version of Lollipop (Android 5.0.1) is being rolled out now, so perhaps this will help.

[Guest]

Hi All, Thanks for the replies above.

 

Ford, Yes they are offering a refurbished as replacement.

 

..

 

 

ok. so they have checked it, found a fault, and offer a refurb under their 'warranty' (which is nowt to do with statutory rights)?

if there is a fault then, could try for a new replacement or refund.

how did you pay for this? i dont know if s75 if re a credit card wld still be applicable?