Refused repair on phone - Nexus One General

I sent my nexus one of for repair as backplate was not flush and it came back not fixed, i rooted phone deciding that i wasnt going to send it back again and because i thought shouldn't matter (as i was told on here) then i decided to send it off again, the guy did not ask me if had changed software on phone either time, but then i got a message saying it been refused repair and i would have to pay for return or new mainboard. I called them to say that it should have been repaired the first time while my phone was under warranty and so it is linked to that case anyway since it should of been repaired then it doesn't matter about its warranty state now its their fault for not repairing it.. they wouldn't have that, i pointed out its not even a warranty matter since it was recieved with fault so its a faulty item so should be replaced or repaired warranty or not.. still wont repair it, i point out that its rediculous they even check the rom of phones that be sent to them with hardware problems because obviously the software does not effect the phone and change the hardware and they know that they sent the item out with the fault so should just fix it they shouldn't even check if warranty is voided by software because that is put in place so they dont fix software faults caused by people themselves so its really bad that they use it to get out of fixing hardware issues.. still no hope so i have to pay for phone be sent back to me and then i will be seeking legal advice

That does suck, and it's completely obvious that the rooted-ness does not affect hardware. Unfortunately there's not much of a case since you clicked the "YES" button to void your warranty when you rooted, voiding all parts of the warranty (hardware and software).
I hate to admit it, fearing that something may happen to my phone, but I can see their side to this matter. It would have been nice for the guy to just fix it for you, though.
Now, the fact that they are making you pay for shipping it back (unfixed) is simply poor customer service.

It does suck, They are using whatever means necessary to make more money.
IMO they should only reject faults that are causable by software. (burnt out LED, bricked, Overheated/Dead due to too high OC...). Since HTC is the manufacturer and they dont state anywhere that they are not evil...theres nothing google can do.
My phone has no faults. Ordered just before the 1/5 announcement

indie12 said:
i will be seeking legal advice
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Good luck with that, you don't really have a leg to stand in, unfortunately.

I hope the legal advice is free since a $600 is hardly worth getting a lawyer over and losing a case... average lawyer will be $100 an hour....
Then again... HTC might counter sue you for wasting their time...

I'll give you "free advice as a law student" (I'm not an attorney... yet). You have no case whatsoever. Sorry.

The best thing to do is totally ruin the phone. There are electronic ways to do this. I have access to a device that generates a strong magnetic field that I used to fry a laptop and a phone before. I have heard of people putting things in a microwave too but I am not sure how well that would work.

Rusty! said:
Good luck with that, you don't really have a leg to stand in, unfortunately.
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Incorrect.
HTC would need to prove what he did caused the issue for what they are refusing repairs to.
This has been discussed before. Car manufactures did the same thing with aftermarket parts.

drdingo21 said:
Incorrect.
HTC would need to prove what he did caused the issue for what they are refusing repairs to.
This has been discussed before. Car manufactures did the same thing with aftermarket parts.
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The only problem with this, though, is that there is no case law regarding cell phones directly, as of yet. Cars are expensive enough to justify the legal fees, phones are not.
It would stand to reason that the entire warranty isn't voided by rooting, if it were to go to court (simple contract law and warranty law, breaking or voiding one part doesn't null and void all other parts)... but the unlocked bootloader method also has you agree to voiding the warranty, so that makes it more difficult and less clear cut since it wold be pretty easy to argue by doing so you agreed to and entered into a contract giving up your warranty rights.
Personally, I wouldn't waste my time on it. I would do what others have done and contact Google. There are numerous threads in here regarding how to get hardware warranty services on your rooted device, do a search and you should be good to go.

drdingo21 said:
Incorrect.
HTC would need to prove what he did caused the issue for what they are refusing repairs to.
This has been discussed before. Car manufactures did the same thing with aftermarket parts.
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You're incorrect here as well. You can't relate unlocking the bootloader to replacing OEM parts with aftermarket ones. Further, what pjc said is right on. Legally speaking, all of us are expressly informed that the warranty is void if we unlock the bootloader (twice if you count the warranty statement as well). If unlocking the bootloader is not necessary for normal use, then there's no argument that one MUST unlock the bootloader. So any court would laugh at a complaint like this.

I am sure you are all familiar with the M&M act? If not then do a search as it is too much too post here. This at any rate is the one that speaks to aftermarket car parts and touches on many parts of warranty coverage. I fought Chrysler over an issue with a truck I bought some years ago. I won. It cost several times what fixing it out of pocket would have. While the M&M act provides for the ability to recover fees you may or may not do so. I did not. I followed this through as a matter of principle but I can just about promise you if you should decide to pursue this in court you will be sorry you ever stepped down that road. I would not do so again in similar circumstances. Especially since as already stated Google has been quite good about fixing obvious hardware defects with unlocked bootloaders if you contact them and follow the process. I have yet to read one instance where someone with such a problem was denied warranty after following through with Google.

Related

HTC WANT ME TO PAY FOR MB Replacement

HI guys as i reported a few days back my hd died on me so i sent it to them to fix, well theyve got back to me 2day saying that:
"Our initial assessment of your device indicates that the repair work required is caused by damage that isn’t covered by warranty. Unfortunately, this means we must charge you for the repair."
they want me to pay 151 sterling for it, what you think shall i pay it? or shall i just buy the dam iphone! its really pissed me off is there any ways around it? is there a way to buy the the motherboard from some where else?
Why isn't the motherboard covered by the warranty? You didn't break the seal did you?
Fallen Spartan said:
If you can't even get phone to start, chances are its a motherboard problem and likelihood is that HTC will just replace motherboard without even looking at whats installed on device. Others have had same problem and they had no problems. However I CANNOT stand by this 100%. It will be a risk!!
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Hmmm.... I think you battery was dead. If battery is completely dead HD won't power up from charger per se. And they have seen the illegal criminal stuff on your HD. The price they quote seems more like for battery than motherboard.
crajee said:
Hmmm.... I think you battery was dead. If battery is completely dead HD won't power up from charger per se. And they have seen the illegal criminal stuff on your HD. The price they quote seems more like for battery than motherboard.
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But a custom ROM can't damage the motherboard... And since he is specifically talking about a problem "caused by damage that isn’t covered by warranty" and not "we have to charge you because your warrenty is void" I'm not too sure this is the problem...
I would ask them to specify what supposedly damaged the motherboard that isn't covered by warrenty!
I'm having the same issue with my Diamond. The screen broke (touches are all over the place) and they say the following:
Illegal software has been found on your device (HardSPL), this has damaged the motherboard. It will have to be replaced and you will have to pay for it as this has voided your warranty.
There are several issues with this. First, HardSPL does not damage the motherboard. Second, software does not break screens. Third, nowhere in their warranty it states anything about something like this voiding it. Fourth, for many countries in the EU they would have to fix it due to EU warranty regulations irregardless if this voided the warranty or not.
Anyways, my lawyer is on it.
thanks guys im thinking of getting it deliveryed without getting it "fixed" will only cost me 11 quid, and buy a new battery, is there anywhere you guys would recooment getting a new battery from? im assuming that they have managed to turn on the hd, which i couldnt do and panicked and sent it to them within a day, if i can turn it on ill down grade everything and then take it to tmobile as im covered with issurance
Chainfire said:
I'm having the same issue with my Diamond. The screen broke (touches are all over the place) and they say the following:
Illegal software has been found on your device (HardSPL), this has damaged the motherboard. It will have to be replaced and you will have to pay for it as this has voided your warranty.
There are several issues with this. First, HardSPL does not damage the motherboard. Second, software does not break screens. Third, nowhere in their warranty it states anything about something like this voiding it. Fourth, for many countries in the EU they would have to fix it due to EU warranty regulations irregardless if this voided the warranty or not.
Anyways, my lawyer is on it.
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thanks i mite state this to them they didnt even specifically say how i managed to mess up my MB
i cant even get through to them now seems that all there support numbers are down
You'll find that all companies including HTC will try all methods of getting out of warranty and the fact that you have HSPL on your device (whether or not it was related to malfunction) will be enough for them to void your warranty.
Others have sent devices in and had no problem as device wasn't checked. You have been unlucky.
My device broke at the weekend and seeing as I have 2 HD's I decided it was worth the risk taking it apart. I managed to refix the motherboard due to a faulty loose connection. Took a while to figure it out.
HOWEVER I WOULDN'T ADVISE ANYONE TO DO THIS!!! THIS SHOULD BE DONE ONLY AS A LAST RESORT, AND ONLY IF YOU KNOW WHAT YOU ARE DOING!! ONCE YOU HAVE OPENED DEVICE YOU WILL COMPLETELY VOID WARRANTY!!!!
i managed to get through and spoke to some1 he said that the usb had something to do with the motherboard failing, im gona try getting it sorted through insurance, they are going to send me a more detailed reason for them charging me for repair, ill post it as soon as i get it
just sent them a letter:
I am writing to inform you of my disappointment with the HTC. Last week I sent my phone my phone in for repair as it kept on switching off (09GBD230000153). After a few days I was sent an email telling me that HTC knew what was wrong with the phone but would charge me for repair as the “work required is caused by damage that isn’t covered by warranty”. I was told the main board needed replacing. This confused me somewhat as I had not ever dropped the phone and the phone never had liquid damage. I called the center saying that this was all a bit confusing; they assured me and told me that they will find a more detailed description of the fault. I received a call today from a HTC operator explaining that the warranty was void as a new rom had been “flashed”. I argued that there was no way this could affect the hardware. He was very sympathetic but kept his stance. I have now decided to have the phone returned without repair but am bitterly disappointed about the way HTC conduct their policies on warranty. If HTC sent me a message when I first sent the phone into repair saying that the warrenty was void due to an “illegal” rom I would have understood. But to claim that the “work required is caused by damage that isn’t covered by warranty” is farcical. It seems HTC will do anything to avoid repairing the phone at their own expense. HTC need to understand why people flash “illegal” roms in the 1st place. It is not because of HTCs interface but primarily because of the poor windows software the stock rom holds. I am contemplating approaching BBC's Watch dog as I believe people need to know more about the company as it is slowly growing in the UK and Europe. I am also aware of people in the US in the same predicament and Dog Eat Dog productions (a Michael Moore company) has taken a special interest for a future documentary.
Regards
scar88 said:
just sent them a letter:
I am writing to inform you of my disappointment with the HTC. Last week I sent my phone my phone in for repair as it kept on switching off (09GBD230000153). After a few days I was sent an email telling me that HTC knew what was wrong with the phone but would charge me for repair as the “work required is caused by damage that isn’t covered by warranty”. I was told the main board needed replacing. This confused me somewhat as I had not ever dropped the phone and the phone never had liquid damage. I called the center saying that this was all a bit confusing; they assured me and told me that they will find a more detailed description of the fault. I received a call today from a HTC operator explaining that the warranty was void as a new rom had been “flashed”. I argued that there was no way this could affect the hardware. He was very sympathetic but kept his stance. I have now decided to have the phone returned without repair but am bitterly disappointed about the way HTC conduct their policies on warranty. If HTC sent me a message when I first sent the phone into repair saying that the warrenty was void due to an “illegal” rom I would have understood. But to claim that the “work required is caused by damage that isn’t covered by warranty” is farcical. It seems HTC will do anything to avoid repairing the phone at their own expense. HTC need to understand why people flash “illegal” roms in the 1st place. It is not because of HTCs interface but primarily because of the poor windows software the stock rom holds. I am contemplating approaching BBC's Watch dog as I believe people need to know more about the company as it is slowly growing in the UK and Europe. I am also aware of people in the US in the same predicament and Dog Eat Dog productions (a Michael Moore company) has taken a special interest for a future documentary.
Regards
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Please let us know HTCs answer - I'm really curious to know what they have to say to your letter!
will do
scar88 said:
just sent them a letter:
I am writing to inform you of my disappointment with the HTC. Last week I sent my phone my phone in for repair as it kept on switching off (09GBD230000153). After a few days I was sent an email telling me that HTC knew what was wrong with the phone but would charge me for repair as the “work required is caused by damage that isn’t covered by warranty”. I was told the main board needed replacing. This confused me somewhat as I had not ever dropped the phone and the phone never had liquid damage. I called the center saying that this was all a bit confusing; they assured me and told me that they will find a more detailed description of the fault. I received a call today from a HTC operator explaining that the warranty was void as a new rom had been “flashed”. I argued that there was no way this could affect the hardware. He was very sympathetic but kept his stance. I have now decided to have the phone returned without repair but am bitterly disappointed about the way HTC conduct their policies on warranty. If HTC sent me a message when I first sent the phone into repair saying that the warrenty was void due to an “illegal” rom I would have understood. But to claim that the “work required is caused by damage that isn’t covered by warranty” is farcical. It seems HTC will do anything to avoid repairing the phone at their own expense. HTC need to understand why people flash “illegal” roms in the 1st place. It is not because of HTCs interface but primarily because of the poor windows software the stock rom holds. I am contemplating approaching BBC's Watch dog as I believe people need to know more about the company as it is slowly growing in the UK and Europe. I am also aware of people in the US in the same predicament and Dog Eat Dog productions (a Michael Moore company) has taken a special interest for a future documentary.
Regards
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Click to collapse
Interesting approach, would have maybe mentioned the contents on this as well.
Would be interested to hear their response!!
I have sent similar letters in the past - never receiving a response though.
Im thinking of sending my HD in as it will no longer charge from power supply only USB any ideas why that could be,, i have hardspl on it now if i take that off and reflash to a stock rom will that unvoid my warrenty?
Fallen Spartan said:
Interesting approach, would have maybe mentioned the contents on this as well.
Would be interested to hear their response!!
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didnt think of that dam!
Chainfire said:
I have sent similar letters in the past - never receiving a response though.
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realy? what did you write? if we make enough of a racket they have to respond 1 day
meandu229 said:
Im thinking of sending my HD in as it will no longer charge from power supply only USB any ideas why that could be,, i have hardspl on it now if i take that off and reflash to a stock rom will that unvoid my warrenty?
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if you send it to them make sure you reflash the stock rom, i would have but the phone wouldnt turn on now there screwing me, so along as your phone works, reflash the stock rom and then send it
scar88 said:
realy? what did you write? if we make enough of a racket they have to respond 1 day
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Who says they have to? They make enough money out of us already doing what they do. Why do they need to change? I'd be surprised if you get a response (though if you do, post it). I'd imagine they will just stick to what they previousy told you and state warranty is void due to illegal rom installed

Warranty issue with HTC UK

Hi,
Three weeks ago Blackstone developed fault with earpiece - from time to time (rather often) couldn't hear anything while calling/answering.
Phoned HTC UK for repair and they collected it two days after.
Before sending it i rolled back to stock ROM and radio but forgot about stock HSPL...and that's where problem begins.
After couple days received first email from HTC saying that motherboard was damaged by ILLEGAL SOFTWARE and warranty does not cover it so i need to either pay GBP160 for repair or Blackstone will be sent back to me for GBP20 if I do not agree.
As an IT Technician I told them that's ridiculous that software smashed motherboard and asked for the proof of that unfortunate ILLEGAL SOFTWARE causing it.
So after another week I got email with picture of Illegal firmware upgrade.....SPL-1.56.Olinex.... in bootloader screen.
Is there any chance to do anything else but paying GBP160 for repair?
Lets say I will ask for return of the phone damaged as it is and try to send it again after a month or so of course this time properly prepared for warranty. You think any luck with that ?
Help will be really appreciated on this.
Cheers,
Martin.
Sorry Martin, but I'm guessing that they will have already marked your warranty as having being voided.
Would tend to agree with Budadank, but you should pay the GBP20 and and get your phone back then try restoring SPL & stock rom. Then send device back under warranty.
personally i would get in contact with trading standards on 2 points:
1; this is not ILLEGAL software, it was given to you by the developer. there is nothing in UK or EU law that says putting any software on a computing device can be used to justify refusal to repair hardware. as you rightly say, no software could cause the ear piece speaker to blow (or as is more likely, to have a dodgy bit of wiring
2; they are stating that the software caused the problem, this is misrepresentation under UK and EU consumer law, they are acting illegally
on another point, the warranty doesnt come into it, you have consumer rights under UK and EU law, personally i would go with the EU law (you cant swap back and forth, you choose which legal rights you are going with and have to stick with it) EU consumer rights laws give a much greater level of protection and the emphasis is fully on the supplier to PROVE (as in beyond reasonable doubt (or near enough, not quite the criminal burden of proof but near as damn it)) that the damage was not either there are the point of delivery or is not due to misuse. again they would be hard pressed to prove that the installation of any SOFTware could damge a non processing part of a computers hardware (overclocking could obviously damage cpu and ram)
FORGET ALL THE ABOVE!!!!! well dont, but this is actually even more pertainent.
i have just read the whole of the warranty card document that came with my HTC TouchHD...... despite numerous exclusions listed, there are absolutely none that even mention an exclusion from warranty repair of hardware due to software installations of any kind
so what i would do is this:
pay the £20 and get your device back. restock stock SPL and ROM..... ensure that it wasnt infact the custom ROM causing sound loss (ie prove to yourself it is hardware)
then send it back completely as stock setup and claim under warranty. if they then say the same... ask them to give you in writing the explicit exclusion under the EU limited warranty that mentions an exclusion of damage by software to hardware... they wont be able to do so
if by some miracle they can.... then go do your statutory rights route
remember HTC is an asian company and may not be fully up to speed with the consumer protection that exists in europe (a bit like apple and the exploding IPODS)
good luck and dont give up the good fight, they are just trying to blag you
a lesson for the rest of us though... please return your unit to stock spl and ROM before a warranty claim so they have no excuse to try and pull the woll over our eyes like they have to Martin
Jonajuna...........that was great! if i was in the trenchies i would want you there! what an informative and detailed reply!
mtodak said:
Lets say I will ask for return of the phone damaged as it is and try to send it again after a month or so of course this time properly prepared for warranty. You think any luck with that ?
QUOTE]
Did you try, return the phone and flash again and send it in again for warranty? I have the same problem, I releaded the Stock Rom and forgot the SPL. Now they want me to pay for the repair...
Regards Onedutch
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[Resolved] Rooted Nexus One Dust Replacement

It seems quite a few people have had questions about getting a replacement phone due to a dust issue on an original rooted phone. Here is my experience:
I called HTC and began the replacement process, but did not mention my phone was rooted. Three days later I received another Nexus One with no battery and no battery cover. My observations on the differences between the old phone and the new phone can be found here: http://forum.xda-developers.com/showthread.php?t=655966
I removed the battery cover and battery from my original phone and shipped it to HTC in Texas with the packaging and shipping label they supplied.
Approximately 5 days later (today), I received an email from HTC saying "We have completed our diagnostic tests. To review the results and confirm this quotation please visit our service site." I went to the site and there was an option to pay a $196 service fee or to pay $28 for the return shipment of my original phone (without any servicing).
I called up HTC to find out more information. The service representative pulled up my file and immediately asked me if my phone had been rooted. I had little choice at this point so I said my phone had indeed been rooted. The representative told me my options are to:
a) Pay the $196 to replace the motherboard in the phone (does this mean Goolge/HTC also do not know how to relock the bootloader?), keep the replacement phone they sent, and not receive back my original phone. This is the worst case scenario where I pay $196 to get a brand new replacement N1 with no dust issue.
b) Pay the $28 shipping charge to return my old phone, and return the replacement phone. This would bring me back to square one, with having my original rooted phone with the same dust issue.
c) Pay the $28 shipping charge to return my old phone with the same dust issue. Now I would own two full priced N1s, one that is brand new, and a second that still has a dust issue.
Most importantly, and my only hope really for coming out on top, the representative mentioned that I should call back tomorrow before 5PM EST and speak to a supervisor that has the ability to declare that rooting the phone has no impact on the dust manufacturing issue, and I could keep the replacement phone at no charge. The representative said that there is a 50/50 chance the supervisor would do this.
If the supervisor will not honor the warranty and let me keep the replacement phone for no charge, I will just return the replacement phone, get my old phone back, disassemble the phone, clean the dust out and reseal the phone with RTV or something similar.
I will call them up again tomorrow and report back what happens.
It has been difficult to resist rooting the replacement phone.
UPDATE: Through the help of a google employee, I was pointed towards this form: http://google.com/support/android/bin/request.py?contact_type=refund
If you start a ticket with this form, the Google sales team will work to help resolve voided warranty issues from an unlocked bootloader when exchanging or servicing the N1 due to a manufacturing defect.
I called HTC today and they said I was no longer going to be charged $196 because of my unlocked bootloader, and my warranty would be honored. The representative on the phone seemed to have no idea why the ticket status had changed.
I am very pleased with the outcome, and give many thanks to the Google employees that go out of their way to support their loyal customers. It is nice to know that the passion we have for Android is acknowledged and supported by the Google team.
Time to root the new N1.
I wonder if they make a distinction between rooting and an unlocked bootloader?
Because it is possible to un-root. So for other people returning phones, they could un-root, and if they ask if it's rooted, they could say no.
Paul22000 said:
I wonder if they make a distinction between rooting and an unlocked bootloader?
Because it is possible to un-root. So for other people returning phones, they could un-root, and if they ask if it's rooted, they could say no.
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Valid point, but I think the issue is voiding the warranty by unlocking the bootloader.
How do you expect HTC to honor a warranty which you clearly and willingly voided?
JD914 said:
How do you expect HTC to honor a warranty which you clearly voided willingly?
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Welcome to XDA.
I don't necessarily expect HTC to honor my voided warranty, but I am optimistic that HTC will fix my $580 defective phone from a manufacturing defect that is in no way related to rooting.
Like the representative I spoke with said, there's about a 50/50 chance it will work out. No harm in trying.
Interesting.
I think it's kind of crappy that unlocking the bootloader voids your hardware warranty too. I mean, if your phone has an obvious physical defect like this, completely unrelated to the firmware, then they should honor the warranty.
Comon, HTC, be reasonable! There is dust under the screen and nothing else is bad! That is obviously not related to rooting in any way. $196 to replace the motherboard? Yeah right! More like press a button on the computer and relock it.
i don't know if he is still around here anymore, but swetland works for google, and when the n1 came out, he was going to be an advocate for us, and if you were having obvious manufacturing defects (such as dust under the screen), he could pull strings to get it fixed for you.
i say pm him, and see if you get a response.
GldRush98 said:
Interesting.
I think it's kind of crappy that unlocking the bootloader voids your hardware warranty too. I mean, if your phone has an obvious physical defect like this, completely unrelated to the firmware, then they should honor the warranty.
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They should but in the real world they don't have to and more than likely wont. Most people don't, but if you read the literature that comes with electronic devices you'll see why they do what they do as far as warranties go.
And this is why I keep saying repeatedly, stop sending your device back people. A few specs of dust isn't worth the hassle. Just sent it back at 364 days. THEN it's worth it.
Paul22000 said:
And this is why I keep saying repeatedly, stop sending your device back people. A few specs of dust isn't worth the hassle. Just sent it back at 364 days. THEN it's worth it.
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I had excessive dust, more than 30 specs.
irishrally said:
I had excessive dust, more than 30 specs.
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30 specs?
The only way it'd be worth it to send it back is when you have so much dust you can't even COUNT the specs.
Paul22000 said:
30 specs?
The only way it'd be worth it to send it back is when you have so much dust you can't even COUNT the specs.
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No, dust is really annoying and is frustrating to have considering the price we paid for this thing. The more HTC has to refurbish, the more they learn their lesson and make sure that no dust gets in.
OP, get back to us and let us know what happens
Good news - this issue has been resolved and will be charged nothing for my rooted phone with dust defect exchange. See OP for details.
Many thanks to the dedicated Google team that supports their loyal customers.
irishrally said:
Good news - this issue has been resolved and will be charged nothing for my rooted phone with dust defect exchange. See OP for details.
Many thanks to the dedicated Google team that supports their loyal customers.
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Click to collapse
Congrats!
Any chance you can update the link in the OP?
It's linked as "google.com/support/android/bi...ct_type=refund" with the dots, which leads to a dead page of course
Paul22000 said:
Congrats!
Any chance you can update the link in the OP?
It's linked as "google.com/support/android/bi...ct_type=refund" with the dots, which leads to a dead page of course
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Thanks. OP updated.
JD914 said:
How do you expect HTC to honor a warranty which you clearly and willingly voided?
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Here in the US, a warranty termination because of a any fine print violation will not stand up in court unless the warranty violation had a direct impact on a defect in question. Automakers have tried that kind of bologna with aftermarket parts, and they've failed. They can't refuse to honor a warranty just because a car was serviced by others, and they can't refuse to warranty an alternator because someone put on an aftermarket exhaust system, unless they can prove that those actions had a direct impact on the defect.
This does not mean HTC is obligated to bail someone out who has bricked their phone, but hardware issues like dust under the digitizer or faulty microphones or the like clearly can't be tied to unlocking the bootloader. I expect HTC or any other company to honor the laws wherever their products are marketed, and it seems that's exactly what they are doing.
I hope this ends your confusion, and really wish more slack was allowed by some for people who unlock the boot loader and then end up with hardware issues requiring service.
attn1 said:
I hope this ends your confusion, and really wish more slack was allowed by some for people who unlock the boot loader and then end up with hardware issues requiring service.
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I hope someone figures out how to re-lock the bootloader.
I'm really suspicious about the rooting voiding your warranty. I mean you paid damn near 577 for the device..well i know I Did... Why can't you root your own ****..its known as a google dev phone if I'm wrong correct me..But isn't android open source? why can't we try and help it be a better Operating system? They want us to sit on 2.1 until google puts something out? Why not dev with our phones and help google help itself? I mean damn... I could see if you were under a contract with tmobile..but I bought my phone brand new unlocked for the full price give me some damn use of my phone..

some thoughts on warranty, custom roms and SDS

as you know most, if not all, phone manufactures void your warranty when you flash custom software... some, like htc, do it upfront, when unlocking your bootloader... others, like samsung, use flash counters to identify evil custom rom users when faced with warranty claims.
the reason given is always the same: they don't want to pay for (hardware) damage done by the custom software... and most of us would probably object and call bull****, our beloved custom roms aren't doing any damage, with the sole exception of people taking overclocking way too far...
what arguably could be prevented via hardware restrictions by the manufactures if they really wanted to... so if that really is all they fear, no problem here.
But I think the SDS issue adds a new point to the discussion. now we can quite easily construct a case where Samsung could legitimately say that custom software killed the phone: an S3 that would have lived a long and happy life running Samsungs fixed stock kernel, but died because an idiot or an unaware person flashed a kernel without the fix. In other words, the custom software wouldn't really kill the phone... but it would not be preventing it from killing itself
(of course the same applies to simply not updating your phone)
I still think warranty for hardware issues shouldn't be voided if one uses custom software (so please don't kill me), but I guess in this case the manufactures side is understandable as well...
PS: what the SDS issue also shows is the awesomeness of an open platform like android, so Samsung is forced to share their kernel code (hence the fix) with us
Unless you live in the EU, then you can argue your case.
Sent from my Nexus 7 using xda app-developers app
Unless Samsung engineer a problem if you flash custom ROMs then only problems that can be directly caused by a custom ROM or kernel is overheating from over clocking.
Sent from my GT-I9300 using xda premium
EU "warranty" clarification
blazevxi said:
Unless you live in the EU, then you can argue your case.
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I know this EU "law" (1999/44/EC, to be specific) is referenced quite often around here, but I think it is way overrated and it does not offer as much protection as many people around here seem to think.
First of all, it is not an act you can point to when making your legal case, it is just a directive. A directive is the EUs way of telling its member states to adjust their national law according to the guidelines given by the directive. So national law is likely to be similar to the directive, but the details might vary. In other words, the directive dictates minimal standards for national law, but the specifics are up to the member states.
Also there is no guarantee that every state adapted the directive appropriately. There are some examples where member states refused to do it, were to incompetent to do it properly... or just to slow. Think about the telecommunication data preservation stuff, there are still member states who refuse to implement those directives.
Bottom line: EU directives are worthless, if your country hasn't implemented them yet.
Second point: the EU directive isn't as consumer friendly as many people seem to think.
For starters, it means nothing to manufactures. Samsung does not have to care about it, because it applies to _sellers_, not to manufactures. It says sellers have to provide fault-free products. If they fail to do so, and it gets discovered within two years, they have to refund you. Sounds good, right? Well, there are some drawbacks.
The before-mentioned only applies to faults that have been present at the time of purchase. The implication is, that the consumer will always say, the problem is due to production faults, the seller will always assume the contrary. The catch is, neither of them can prove their point without spending loads of money.
This problem is addressed by the directive in article 5, paragraph 3:
Unless proved otherwise, any lack of conformity which
becomes apparent within six months of delivery of the goods
shall be presumed to have existed at the time of delivery unless
this presumption is incompatible with the nature of the goods
or the nature of the lack of conformity.
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(Source)
So for the first six month you are covered, because if you haven't obviously damaged your device yourself, the seller can't proof it is your fault.
But after that six month, you are pretty much screwed! The directive doesn't get specific on who has to prove what in that case, but because it specifically says the seller needs to provide proof in the first six month, it can be argued that the buyer got the burden of proof afterwards.
This is a perfect example of an issue that should be clarified by national law, when adapting an EU directive (doesn't mean it actually does).
In case of my country (Germany) it got clarified: reversal of the burden of proof after six month
And I think it is a reasonable assumption that it was done in a similar way in other countries, since the directive allows this interpretation and the seller lobbies sure did everything they can to make it that way.
So if your national law doesn't say otherwise, you should assume you only got six month of effective protection.
To sum up: if your government implemented the directive, you are most likely covered for six month, through your seller, not the manufacturer!
So everybody living in the EU (and everybody else who is jealous about this "magical EU law"), please understand: it means almost nothing compared to the warranty given by the manufacturer, which is usually longer and more extensive (around here we usually get 2 years for electronic devices, but that is voluntarily done by the manufactures, they are not forced to).
So the whole thing is pretty much only valuable for people living in EU states where manufactures would normally offer warranties shorter than six month. For everybody else, it is worthless.
Disclaimer: This is just my layman view on the topic, I'm no lawyer or something. Also I'm not too familiar with legal terms in English, so some stuff might be lost in translation. If somebody thinks I got it wrong, please correct me
PS: although the EU directive wouldn't help you legally, it might be worse a try to tell a seller, who is refusing refund, about it... apparently a lot of stores don't know about it... and some surrendered when threatened with "EU law".
Through my cellphone company I pay like 4 euros a month for an extended warranty that covers my broken phone even if it is rooted as long as the problem wasnt caused by the root. Not sure if you can get the same.
Zylian91 said:
Through my cellphone company I pay like 4 euros a month for an extended warranty that covers my broken phone even if it is rooted as long as the problem wasnt caused by the root. Not sure if you can get the same.
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do they specifically say they cover phones that have been tampered with software-wise? Oo
odoto said:
do they specifically say they cover phones that have been tampered with software-wise? Oo
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In my case the policy says: (between other funny wording): accidental damage, water damage etc.
Therefore, I personally will play same fair game as the sellers and/or manufacturers: if my I9300 would have SDS, semi-death (with download mode available only, showing perfectly that I'm on custom), then, I will "accidentally" will forget to remove the phone from driveaway while taking back with my JAG, or, alternatively, I will give my fishes brilliant opportunity to call Nemo.
First, there is nothing common with the warranty, they will just replace it or repair.
I have no idea about the lobbies in EU, and in my country, bu I always adjust my honesty to the second side of discussion.
O, did I mention that this is an add-on to my bank account, and I have the right to claim twice per year for the phone priced up to approx 1000EUR?
But, going back to the topic, EU law is binding in all EU countries. Furthermore, Samsung can put in the warranty the statement that: inserting the battery will void warranty. But - they HAVE to write as well: above does not affects your statutory rights.
And, they have to honor these rights. therefore if the country law states that the equipment is covered for 4 years - the seller will have to follow that.
spamtrash said:
In my case the policy says: (between other funny wording): accidental damage, water damage etc.
Therefore, I personally will play same fair game as the sellers and/or manufacturers: if my I9300 would have SDS, semi-death (with download mode available only, showing perfectly that I'm on custom), then, I will "accidentally" will forget to remove the phone from driveaway while taking back with my JAG, or, alternatively, I will give my fishes brilliant opportunity to call Nemo.
First, there is nothing common with the warranty, they will just replace it or repair.
I have no idea about the lobbies in EU, and in my country, bu I always adjust my honesty to the second side of discussion.
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well, I wouldn't call it "same fair game" or "adjusted honesty", I'd simply call it insurance fraud, payed for by honest customers. It has nothing to do with getting back at Samsung or the vendor...
spamtrash said:
But, going back to the topic, EU law is binding in all EU countries. Furthermore, Samsung can put in the warranty the statement that: inserting the battery will void warranty. But - they HAVE to write as well: above does not affects your statutory rights.
And, they have to honor these rights. therefore if the country law states that the equipment is covered for 4 years - the seller will have to follow that.
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regarding the EU directive in question Samsung can do whatever they want, since it applies to _sellers_, not to manufacturers
odoto said:
well, I wouldn't call it "same fair game" or "adjusted honesty", I'd simply call it insurance fraud, payed for by honest customers. It has nothing to do with getting back at Samsung or the vendor...
regarding the EU directive in question Samsung can do whatever they want, since it applies to _sellers_, not to manufacturers
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OK then, let's use same measure, and please explain to me what is the difference between (as you was keen to say) insurance fraud, and the warranty fraud by rooting the phone?
sorry, but in my insurance policy there is no such wording like: "except from intentional damage", where in the warranty it is clearly stated.
and of course this is contrary to your assumption from post #1, where you are mentioning custom roms, kernels etc. Wrong. If you have rooted the phone, your warranty is void, period.
If you're trying to hide it, it is a fraud, isn't it?
I definitely agree that Samsung have nothing to do with the phone. The purchase contract was made between the customer and the seller, therefore, seller is fully responsible for any equipment faults over the warranty period (which is much longer in UK, by the way).
spamtrash said:
OK then, let's use same measure, and please explain to me what is the difference between (as you was keen to say) insurance fraud, and the warranty fraud by rooting the phone?
sorry, but in my insurance policy there is no such wording like: "except from intentional damage", where in the warranty it is clearly stated.
and of course this is contrary to your assumption from post #1, where you are mentioning custom roms, kernels etc. Wrong. If you have rooted the phone, your warranty is void, period.
If you're trying to hide it, it is a fraud, isn't it?
I definitely agree that Samsung have nothing to do with the phone. The purchase contract was made between the customer and the seller, therefore, seller is fully responsible for any equipment faults over the warranty period (which is much longer in UK, by the way).
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I have to say I partially agree. Handing in your phone for warranty, although you know you did something that definitely voided the warranty, could be named fraud as well. But I would argue that it is "more okay" than insurance fraud in some way. In case you knowingly killed your phone yourself (lets say you opened it up and intentionally damaged a component), you are a "bad person" if you try to get it repaired under warranty. BUT in case your rooted phone died because the manufacturer screwed up, like with the SDS, you are free to hand it in for warranty in my opinion.
The difference I see is, that in case of a rooted phone your warranty is voided by a technicality that is far from reality. IF the damage done isn't related to you installing custom software, you would be covered otherwise. The problem is that the warranty does not distinguished between cases where root/custom software was the problem and those where it wasn't. Arguably it just isn't possible do to that, or it is just to expensive to trace whether software was the problem or not.
So trying to get warranty despite that is okay in my eyes, because it is trying to "right" a "wrong".
Insurance on the other hand is not, you can't argue you are getting back at Samsung or the place where you bought the phone by getting money from the insurance company you don't deserve. It is not hurting Samsung or the vendors, but other people who need that insurance.
(And in case the vendor sold the insurance to you as well: still not hurting the vendor, they usually just sell insurance contracts of third-party insurance companies)
Damn, didn't mean to get into a lengthy discussion about insurance fraud
odoto said:
I have to say I partially agree. Handing in your phone for warranty, although you know you did something that definitely voided the warranty, could be named fraud as well. But I would argue that it is "more okay" than insurance fraud in some way. In case you knowingly killed your phone yourself (lets say you opened it up and intentionally damaged a component), you are a "bad person" if you try to get it repaired under warranty. BUT in case your rooted phone died because the manufacturer screwed up, like with the SDS, you are free to hand it in for warranty in my opinion.
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Why? You shall NOT ROOT your phone, if you want to be honest. and, if anyone would have a residual amount of so-called honesty, after rooting - no one should even think about giving the phone to the service for warranty repair, period.
By the comparison: if you have used your TV set as the rain protection while on camp, I'd say that it would be not very honest to claim 3 dead pixels, huh?
And, you have presumably completely wrong info how the insurance works... read it, and then discuss (a tip: if I pay for the bank account which includes the insurance, if I put my moneys into the bank's account - guess who's paying for the insurance).
Contrary to above, it is sure that as Samsung's solely income is (in this case) by selling SGS's. Therefore, using your own argumentation, it is easily found that for any fraudulently rooted phone repair under the warranty - ALL buyers have to pay, because it is included in the purchase cost, which is paid by mass of the honest users, which even do not know about the phone's rooting possibility and consequences.
Of course, the above will be true unless you are not so naive to believe that Samsung did not included the repairs of some percentage of phones into this price.
Maybe are you thought that any warranty repair decreases the net Samsung's income? :laugh::laugh::laugh:
spamtrash said:
By the comparison: if you have used your TV set as the rain protection while on camp, I'd say that it would be not very honest to claim 3 dead pixels, huh?
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Of course not, because the rain (which is your fault... well, not the rain itself, but the exposure) did kill the device, not the dead pixels. But in case of a rooted phone that died because of a hardware issue, the manufacturer is the one who screwed up, regardless of the software changes you did. If a device dies because of pre-existing hardware issues, what is the difference between custom rom and stock from the manufactures perspective?
spamtrash said:
And, you have presumably completely wrong info how the insurance works... read it, and then discuss (a tip: if I pay for the bank account which includes the insurance, if I put my moneys into the bank's account - guess who's paying for the insurance).
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Click to collapse
I agree I don't know for sure how your specific insurance works (how would I?), but I know how those normally work. It usually works like that: some company wants to offer their customers an additional insurance. But they don't have the knowledge to do it themselves, after all they are not an insurance company. So they delegate it to one. They pay the insurance company a fee for every device sold (or some sort of flat fee if it is not device-bound). In return the insurance company is liable for repair/replacement costs if the customer kills his phone. And if people are abusing that insurance, the insurance company has to increase the fees (obviously they don't wanna loose money). So the company who is paying that fee also has to increase prices for their consumers, because they don't wanna loose money as well.
So at the and all customers are paying for it. It always works like that, no company wants to loose money.
spamtrash said:
Contrary to above, it is sure that as Samsung's solely income is (in this case) by selling SGS's. Therefore, using your own argumentation, it is easily found that for any fraudulently rooted phone repair under the warranty - ALL buyers have to pay, because it is included in the purchase cost, which is paid by mass of the honest users, which even do not know about the phone's rooting possibility and consequences.
Of course, the above will be true unless you are not so naive to believe that Samsung did not included the repairs of some percentage of phones into this price.
Maybe are you thought that any warranty repair decreases the net Samsung's income? :laugh::laugh::laugh:
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True, of course. Like I described above the customers are always paying in the end (or switching to a different company).
BUT Samsungs repair costs are not higher because of rooting/custom software. If nobody would modify the software, Samsung would even have higher repair costs, because in that case they would have to pay for all repairs. If a portion of the repairs can be denied for whatever reason, they save money.
So the fact that some people modify the software does not add to Samsungs repair costs (except for the really rare cases where people actually fry there phone by overclocking all the way to the moon and back), but they still void there warranties, thus saving money.
But they are only saving that money by discriminating against custom software users, for no reason.
So it is not like all customers have to pay more because of custom software users claiming warranty. The contrary is true: at the moment all "normal" users are saving money due to custom rom users, because those get there warranty voided for no factual reason.
Of course Samsung (and other manufactures) state that there is a reason, that they would have higher repair costs because of custom software users. But I think that is a groundless claim, just made to safe money or because of missing knowledge. (I'm talking _hardware_ warranty here! Of course they would have higher costs if they would fix phones where people messed up the software). So because of the unfounded fear of manufactures that custom software users will kill lots of their devices, we get denied rights that all other users have. I'd call that discrimination.
Just curious, now that we know what's causing the problem, is there a way to trigger a brick on my phone *immediately* and have them replace it with an updated motherboard while it is still in warranty…  rather than to have a ticking time bomb that may or may not go off and can potentially still fail just outside of warranty?
Will a zero wipe on /emmc do?
wshyang said:
Just curious, now that we know what's causing the problem, is there a way to trigger a brick on my phone *immediately* and have them replace it with an updated motherboard while it is still in warranty…  rather than to have a ticking time bomb that may or may not go off and can potentially still fail just outside of warranty?
Will a zero wipe on /emmc do?
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Click to collapse
Try hard bricking it, It can't be hard, purposely disconnect the cable when a PIT flash operation is in progress?
Off course I would rather take a chance that it may not break for MONTHS instead of it breaking and Samsung may not replace it.
wshyang said:
Just curious, now that we know what's causing the problem, is there a way to trigger a brick on my phone *immediately* and have them replace it with an updated motherboard while it is still in warranty…  rather than to have a ticking time bomb that may or may not go off and can potentially still fail just outside of warranty?
Will a zero wipe on /emmc do?
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Click to collapse
1. we have an idea what subsystem is likely causing the problem... that's all.
2. you _might_ be able to advance faster towards triggering the bug by doing a lot of write ops, but that is just a guess (and certainly not immediately)
3. chances are good your phone can live a long and happy life with a fixed firmware, even if it got the buggy chip
4. you would risk getting another mainboard with an affected chip...
5. there is always a risk of Samsung not accepting your claim (happened to some people here)
6. if your phone doesn't encounter SDS within a 2 year warranty period, it probably never will
7. don't do it! your would risk ending up without a phone now, to avoid a small risk of loosing your phone somewhere in the future. if you can't stand having a phone that might brick (what I understand), sell your phone (or get a refund if you still can)
wshyang said:
Just curious, now that we know what's causing the problem, is there a way to trigger a brick on my phone *immediately* and have them replace it with an updated motherboard while it is still in warranty…  rather than to have a ticking time bomb that may or may not go off and can potentially still fail just outside of warranty?
Will a zero wipe on /emmc do?
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Click to collapse
Try it ... and let us know :laugh:
More seriously : thanks to odoto for this thread and for information on EU "law" limitations ..
philgalaxs3 said:
More seriously : thanks to odoto for this thread and EU "law" limitation ..
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I know what you you meant, but that sounds almost like the EU law limitations are my fault
odoto said:
I know what you you meant, but that sounds almost like the EU law limitations are my fault
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Corrected , hope that sounds better. Sorry for my poor english .... und danke sehr :good:
AW: some thoughts on warranty, custom roms and SDS
I just thought it was funny
And your English seems totally okay, no worries
odoto said:
Of course not, because the rain (which is your fault... well, not the rain itself, but the exposure) did kill the device, not the dead pixels. But in case of a rooted phone that died because of a hardware issue, the manufacturer is the one who screwed up, regardless of the software changes you did. If a device dies because of pre-existing hardware issues, what is the difference between custom rom and stock from the manufactures perspective?
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Very simple. Please write here procedure for overclocking without the root, and I will tell that you're right immediately.
odoto said:
I agree I don't know for sure how your specific insurance works (how would I?), but I know how those normally work. It usually works like that: some company wants to offer their customers an additional insurance. But they don't have the knowledge to do it themselves, after all they are not an insurance company. So they delegate it to one. They pay the insurance company a fee for every device sold (or some sort of flat fee if it is not device-bound). In return the insurance company is liable for repair/replacement costs if the customer kills his phone. And if people are abusing that insurance, the insurance company has to increase the fees (obviously they don't wanna loose money). So the company who is paying that fee also has to increase prices for their consumers, because they don't wanna loose money as well.
So at the and all customers are paying for it. It always works like that, no company wants to loose money.
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So what is the difference between the warranty?
odoto said:
True, of course. Like I described above the customers are always paying in the end (or switching to a different company).
BUT Samsungs repair costs are not higher because of rooting/custom software. If nobody would modify the software, Samsung would even have higher repair costs, because in that case they would have to pay for all repairs. If a portion of the repairs can be denied for whatever reason, they save money.
So the fact that some people modify the software does not add to Samsungs repair costs (except for the really rare cases where people actually fry there phone by overclocking all the way to the moon and back), but they still void there warranties, thus saving money.
But they are only saving that money by discriminating against custom software users, for no reason.
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It seems that you did not understood the rules at all. Therefore, just short comparison:
INSURANCE: someone is paying additionally to the price of unit to be covered against unintentional, caused by lack of care, or ANY OTHER DAMAGES, unconditionally.
WARRANTY: You are purchasing the Unit for a price, in which the free repair is covered conditionally, if you are obeying the T&Cs of warranty. It is your choice if you will, but, INTENTIONAL void of the warranty by rooting and then trying to hide it is a fraud.
Comparing to the cars, you can have comprehensive insurance, yes? This is your free will to buy it. and, you have the car warranty. If you are honest, would you claim the corrosion caused by driving your car on a seaside on the background of warranty or insurance? Looking at your posts, you probably would call the insurer aproach a fraud, same time cleaning mud, alga and fishes and shouting that your car never has been contacted with salt water and this ugly dealer have to repair it under the warranty.
Once again, this is your choice: apply warranty T&C's and then claim on base of such, or buy the additional insurance and do whatever you want.
odoto said:
So it is not like all customers have to pay more because of custom software users claiming warranty. The contrary is true: at the moment all "normal" users are saving money due to custom rom users, because those get there warranty voided for no factual reason.
Of course Samsung (and other manufactures) state that there is a reason, that they would have higher repair costs because of custom software users. But I think that is a groundless claim, just made to safe money or because of missing knowledge. (I'm talking _hardware_ warranty here! Of course they would have higher costs if they would fix phones where people messed up the software). So because of the unfounded fear of manufactures that custom software users will kill lots of their devices, we get denied rights that all other users have. I'd call that discrimination.
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Click to collapse
Once again: please give me an example of overclocking without the root, first.
Secondly, you have of course the right to disagree with the T&Cs of warranty. It is very simple: do not buy the product, which is related with unacceptable by you warranty terms. You have even wider choiche: you can buy it and you have the free will to ignore T&C's. The fraud starts when you're voiding knowingly these T&C's, and then you are trying to use (violated by you) warranty.
Third, of course you can call it discrimination, but the manufacturer and seller has right to set the purpose of the device. This is not discrimination, but the AGREEMENT between the customer and seller/manufacturer. Same way you will most likely call discrimination the fact that most of manufacturers are putting the water damage indicators to their devices. (Funny thing by the way, years ago it was no such things in phones. But amount of people like you, who submerged their units into water and then claimed it under the warranty - enforced the manufacturers to do it).
As I said above, your screams are like: I have bought a BMW, then I tried to reach my friend in a yacht in the middle of harbor in it, but it become rusty in result, therefore I need it repaired under warranty.
Finally, I think that you should read the Chainfire's statement related to it on his portal.

Using root should/must not void warranty on Smartphones

Today's smartphones are as good as PCs. Does using root on computers void warranty? No!
Using root should/must not void warranty on Smartphones too.
Does rooting your device (e.g. an Android phone) and replacing its operating system with something else void your statutory warranty, if you are a consumer?
In short:
No.
Just the fact that you modified or changed the software of your device, is not a sufficient reason to void your statutory warranty. As long as you have bought the device as a consumer in the European Union.
A bit longer:
Directive 1999/44/CE dictates1 that any object meeting certain criteria (incl. telephones, computers, routers etc.) that is sold to a consumer2. inside the European Union, has to carry a warranty from the seller that the device will meet the quality that you would expect for such a device for a period of 2 years.
A telephone is an example of such a device and is an object that comprises many parts, from the case to the screen to the radio, to a mini-computer, to the battery, to the software that runs it. If any of these parts3 stop working in those 2 years, the seller has to fix or replace them. What is more these repairs should not cost the consumer a single cent — the seller has to cover the expenses (Directive 1999/44/CE, §3). If the seller has any expenses for returning it to the manufacturer, this is not your problem as a consumer.
If your device becomes defective in the first 6 months, it is presumed that the defect was there all along, so you should not need to prove anything.
If your device becomes defective after the first 6 months, but before 2 years run out, you are still covered. The difference is only that if the defect arises now, the seller can claim that the defect was caused by some action that was triggered by non-normal use of the device4. But in order to avoid needing to repair or replace your device, the seller has to prove that your action caused5 the defect. It is generally recognised by courts that unless there is a sign of abuse of the device, the defect is there because the device was faulty from the beginning. That is just common sense, after all.
So, we finally come to the question of rooting, flashing and changing the software. Unless the seller can prove that modifying the software, rooting your device or flashing it with some other OS or firmware was the cause for the defect, you are still covered for defects during those 2 years. A good test to see if it is the software’s fault is to flash it back with stock firmware/OS and see if the problem persists. If it does, it is not a software-caused problem. If it is not possible to revert it stock software any more, it is also not a software-caused defect. There are very few hardware defects that are caused by software — e.g. overriding the speaker volume above the safe level could blow the speaker.
Many manufacturers of consumer devices write into their warranties a paragraph that by changing the software or “rooting” your device, you void the warranty. You have to understand that in EU we have a “statutory warranty”, which is compulsory that the seller must offer by law (Directive 1999/44/CE, §7.1) and a “voluntary warranty” which the seller or manufacturer can, but does not need to, offer as an additional service to the consumer. Usually the “voluntary warranty” covers a longer period of time or additional accidents not covered by law6. If though the seller, the manufacturer or anyone else offers a “voluntary warranty”, he is bound to it as well!
So, even if, by any chance your “voluntary warranty” got voided, by European law, you should still have the 2 year “compulsory warranty” as it is described in the Directive and which is the topic of this article.
In case the seller refuses your right to repair or replace the device, you can sue him in a civil litigation and can report the incident to the national authority. In many European countries such action does not even require hiring a lawyer and is most of the time ensured by consumers associations.
The warranty under this Directive is only applicable inside the European Union and only if you bought the device as a consumer.
[1] EU member states must have by now imported the Directive 1999/44/CE into their national laws. So you should quote also your local law on that topic.
[2] A consumer is a natural person who acts for their own private purposes and not as a professional. .
[3] Batteries can be exempt of this and usually hold only 6 months warranty.
[4] E.g. a defect power button could be caused by spreading marmalade in it or hooking it onto a robot that would continuously press the button every second 24/7 — of course that is not normal or intended use.
[5] Note that correlation is not causation — the defect has to be proven to be caused by your action, not just correlate with it.
[6] E.g. if a device manufacturer guarantees the phone is water- and shock-proof or a car manufacturer offers 7 years of warranty against rust.
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Source : https://fsfe.org/freesoftware/legal/flashingdevices.en.html
Should've gone in the general section mate, good info though.
tuxonhtc said:
Should've gone in the general section mate, good info though.
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I couldn't decide. I thought that it was a trouble for us
Can mods move this thread to the General Section please?
Just noticed this post when i was updating a friends note 2 and rooting in the EU does not void your warranty. This is general knowledge and good to be in the EU
It voids warranty bcuz u can accidentally brick it and that would be ur fault not thiers.
Sent from my GT-N7100 using xda app-developers app
Good info but thread needs to be moved to general info request a mod to move this thread
Sent from my GT-N7100 using xda premium
mezo91 said:
It voids warranty bcuz u can accidentally brick it and that would be ur fault not thiers.
Sent from my GT-N7100 using xda app-developers app
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How will rooting your phone brick it??
Unless the seller can prove that modifying the software, rooting your device or flashing it with some other OS or firmware was the cause for the defect, you are still covered for defects during those 2 years. A good test to see if it is the software’s fault is to flash it back with stock firmware/OS and see if the problem persists. If it does, it is not a software-caused problem. If it is not possible to revert it stock software any more, it is also not a software-caused defect. There are very few hardware defects that are caused by software — e.g. overriding the speaker volume above the safe level could blow the speaker
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Let's just say these are saftey measures of a company.
You bought the phone for the hardware and software made by Samsung. It's a form of giving credit.
Experimenting with the phone outside of Samsung circumstances is your own decision.
Simone said:
Let's just say these are saftey measures of a company.
You bought the phone for the hardware and software made by Samsung. It's a form of giving credit.
Experimenting with the phone outside of Samsung circumstances is your own decision.
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Completely irrelevant. The law is the law, and the law allows you to root in the EU without affecting any warranty.
FloatingFatMan said:
Completely irrelevant. The law is the law, and the law allows you to root in the EU without affecting any warranty.
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I see.
irishpancake said:
How will rooting your phone brick it??
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The only "problem" with rooting is that it potentially allows dumb users to do dumb things - such as overclocking beyond the acceptable level for your processor, or flashing a radio from a completely different device.
Regards,
Dave
This is actually an awesome thing to know. Thanks, OP.
I never rooted or flashed my note 2 because I was afraid to lose my warranty and have to pay the repair or buy another phone if something unlucky happened. This one isn't cheap. But I always had the feeling that I was not taking real advantage of my note 2 and now I think I will. Again, thanks.
You shouldn't be too sure that your warranty wouldn't be void , i know many places where you won't get any warranty due to being rooted, don't take this to granted as its "not a law" its also carrier/reseller that makes these decissions. they probably know what your doing if your rooting (basically i know that they know that i know) but lets say i bought a phone and they told me that i wasn't able to "upgrade" to a newer firmware due to the warranty being void. again i wouldn't take this as granted that i would get my warranty. as of its not anything i can say its the law. its not only the law. its samsung/resellers decision not government law.
Regards
It comes down to whether the repair centre can prove that rooting is the cause of the problem. I.e if a fried cpu is the issue, and they find that the cpu is overclocked.
Sent from my GT-N7100 using Tapatalk 2
LastStandingDroid said:
You shouldn't be too sure that your warranty wouldn't be void , i know many places where you won't get any warranty due to being rooted, don't take this to granted as its "not a law" its also carrier/reseller that makes these decissions. they probably know what your doing if your rooting (basically i know that they know that i know) but lets say i bought a phone and they told me that i wasn't able to "upgrade" to a newer firmware due to the warranty being void. again i wouldn't take this as granted that i would get my warranty. as of its not anything i can say its the law. its not only the law. its samsung/resellers decision not government law.
Regards
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Click to collapse
Wrong. It IS the law, in Europe. Outside of there you're likely screwed, but in Europe, consumers are protected. If they try to deny your rights, you can sue them into oblivion and are guaranteed a win, with all costs covered.
FloatingFatMan said:
Wrong. It IS the law, in Europe. Outside of there you're likely screwed, but in Europe, consumers are protected. If they try to deny your rights, you can sue them into oblivion and are guaranteed a win, with all costs covered.
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Let me take my brothers Xcover to the reseller (it's constantly freezing and has been done so) even before rooted but I won't say it's rooted I let them in service center look at it and if they say it's not going on warranty I'm glad to get some money lol.
But it's not a law. Not every country may follow it. I know Sweeden is one of those who Suck at this.
But it gives me an idea
Sent from my official GT-I9505 powered with qualcom
LastStandingDroid said:
Let me take my brothers Xcover to the reseller (it's constantly freezing and has been done so) even before rooted but I won't say it's rooted I let them in service center look at it and if they say it's not going on warranty I'm glad to get some money lol.
But it's not a law. Not every country may follow it. I know Sweeden is one of those who Suck at this.
But it gives me an idea
Sent from my official GT-I9505 powered with qualcom
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Click to collapse
Your not thinking it's the law has no bearing at all on the law in the EU. If you're outside the EU. well, that's different.
LastStandingDroid said:
Let me take my brothers Xcover to the reseller (it's constantly freezing and has been done so) even before rooted but I won't say it's rooted I let them in service center look at it and if they say it's not going on warranty I'm glad to get some money lol.
But it's not a law. Not every country may follow it. I know Sweeden is one of those who Suck at this.
But it gives me an idea
Sent from my official GT-I9505 powered with qualcom
Click to expand...
Click to collapse
Sweden is in the EU, and as such they are required to follow EU law. I'm from Norway, which is not in the EU, and we still follow the same warranty regulations (they are actually even more lenient)
Sent from my GT-N7100 using Tapatalk 2
Unfortunately I'm not in the EU.
In the past I went to the consumer court several times and I always won.
Even once I sued shoe company Nike and I got my money back even though I wore them for 2 months.
You must not forget!
Company's policy is not a law! They can't indicate anything to you that is not in the law. They cannot force you to obey their policies.
Company and you must obey the laws.
You have to be ready to fight against them on the customer court
You have to be well prepared. You must know the customer law.
And for the last, you have to be right. Do not waste your time for trying to get warranty for your liquid damaged device or broken screen
FloatingFatMan said:
Your not thinking it's the law has no bearing at all on the law in the EU. If you're outside the EU. well, that's different.
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last time i checked sweden was in EU but i can see if i can get my phone which has warranty to see if they will fix it,
its rooted but the root isn't caused by rooting it (Manufucator fault) has been since we got it, but i've never heard anyone getting their phone fixed if they have root. idk i can try.

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