Root doesn't void warranty - Hero CDMA General

So I walked into a sprint store the other day to find out when I was available for an upgrade. The guy in the store asked to see my phone and I handed it to him. He looked my information on it and asked what the percent battery mod was and then asked if it was a root mod. I answered yes with a bit of caution in my voice and he proceeded to tell me that it was ok and that Sprint doesn't have a policy against rooting your phone and that it doesn't void your warranty. Could this be true or was this guy just blowing smoke up my ass?
Sent from my HERO200 using XDA App

Smoke up your ass.
I'll break out the book later but there is a section about firmware modification.
Sprint may not have an policies against it - but HTC certainly would, and they are the ones who end up warrantying the devices.
He may have been correct in saying that it is no longer "illegal" as it where 3 weeks ago - congress modified DMCA to exclude circumvention of copy right protection software.
So you can no longer have jail time or a $25,000 fine for it - which was possible before.
But manufacturers do still have the right to void warranties if copy right protection had been circumvented on a device - that is specifically implied.

Sprint doesn't issue warranties. The guy was full of it, the warranty that rooting voids is HTC's manufacturer's warranty.
Sprint sells insurance and rooting your phone DOES NOT void your insurance..
Frankly, after the initial 30 days the rest of the manufacturer's warranty is useless imo anyways. In order to get warranty work done you have to ship the phone to HTC at YOUR cost, wait for them to decide if they will fill your warranty request, do the work, and ship it back. All the while you have no phone, unless you have an old one or buy a cheapie to get you by..
So after the first 30 days are up I don't even consider claiming warranty, I just go to Sprint and say "I have insurance, make this right.. please". And they do
*edit- you're too fast for me KC

nebenezer said:
*edit- you're too fast for me KC
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like a horny teenager staring at the cheer squad - it goes fast.

Kcarpenter said:
like a horny teenager staring at the cheer squad - it goes fast.
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Click to collapse
OMG lmao.
10 char

Kcarpenter said:
Smoke up your ass.
But manufacturers do still have the right to void warranties if copy right protection had been circumvented on a device - that is specifically implied.
Click to expand...
Click to collapse
I'm not being an ass with this but when dealing with legalities, symantics is important ... is it "implied"? That leaves the context open to interpretation.

Actually, with the latest ruling on the DCMA, there is nothing manufacturers or service providers can do about you rooting the device. It is not a violation of any enforceable law or policy to root or jailbreak a device.
HTC might still be able to complain about modifications that you make to any of their proprietary applications that change their actual code, but as is always advised, if you are going to send your device to the manufacturer, you should RUU it unless it is totally inoperable. Gives them less to complain about and saves you the headache of worrying.

*edit - nvm, talking out my... pie hole. I'm probably wrong anyways..

ok
so if i went through sprint and got a replacement phone with there insurance im good right cause i didnt go through htc? right

wadeheisen said:
Actually, with the latest ruling on the DCMA, there is nothing manufacturers or service providers can do about you rooting the device. It is not a violation of any enforceable law or policy to root or jailbreak a device.
HTC might still be able to complain about modifications that you make to any of their proprietary applications that change their actual code, but as is always advised, if you are going to send your device to the manufacturer, you should RUU it unless it is totally inoperable. Gives them less to complain about and saves you the headache of worrying.
Click to expand...
Click to collapse
They can still say it breaks your warranty.
As most people say Rooting was a "grey area". You couldn't go to jail if they had no proof you intended to use your device to achieve pirated goods. This just finalized the deal making rooting and all it's wonders legal.
The manufactorer can still do what they want to try to make people stop rooting, but they can't brick your device or send you to jail, but they can make it break your warranty.

My gf also has our phone too - and she refuses to let me root it - she keeps going on and on about her warranty being voided - and no matter what I say about it she refuses!
I keep telling her I can RUU it back if she needs it fixed or if its really bad, we have insurance, it can be reported as 'lost and/or stolen' - and that thanks to you guys, a solution to any problem I have encountered is available!
Oh well, her loss!

skndeep102 said:
So I walked into a sprint store the other day to find out when I was available for an upgrade. The guy in the store asked to see my phone and I handed it to him. He looked my information on it and asked what the percent battery mod was and then asked if it was a root mod. I answered yes with a bit of caution in my voice and he proceeded to tell me that it was ok and that Sprint doesn't have a policy against rooting your phone and that it doesn't void your warranty. Could this be true or was this guy just blowing smoke up my ass?
Sent from my HERO200 using XDA App
Click to expand...
Click to collapse
rooting & flashing these roms do not void your warranty anymore. if sprint says it does they are full of ****.

Related

Has HTC begun relaxing on the warranty?

I've heard of two phones with the bootloader unlocked fixed by the warranty recently...have they started relaxing it?
Apparently hardware defects will be fixed/replaced regardless of the bootloader's status.
Oh that's great! maybe today I'll unlock my bootloader and get on testing modaco's rom.
Bear in mind that just because HTC has covered a few people's phones with an unlocked bootloader, doesn't mean they need to continue to do so in the future. Their warranty expressly states we void the warranty by unlocking the bootloader, so they can start turning people down whenever they want. I'm guessing their just covering these phones regardless of the bootloader status for the first few months as a customer satisfaction thing...
Aside from the fact that doing so is against the law in many places (i.e. changing the radio in your car does NOT void the warranty on the transmission), PRECEDENT is 9/10ths of the law.
lbcoder said:
Aside from the fact that doing so is against the law in many places (i.e. changing the radio in your car does NOT void the warranty on the transmission), PRECEDENT is 9/10ths of the law.
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Being a law student, I'm very much aware of the law and your example is moot. A more accurate one would be if you turned your car into an off-road vehicle. Then would the dealer cover it? Heck that's still not a good example because this is a PHONE not a CAR!
Precedent is clear in this case anyway..anyone who's taken first year Contracts will agree. The bottom line is that this country's judicial systrm recognizes a robust freedom of contract. When you expressly agree that you understand that the warranty is void when you unlock the bootloader, then a court will only side with you if you can prove you're mentally incapable of understanding what you agreed to. If you had a problem with it, you had the option of not doing it or returning the phone for a refund..a court would take that into consideration if you tried to argue that the warranty clause was unfair.
Anyway, I've written about this numerous times in a thread a month ago..so search there if you need more clarification. You guys need to man up and take responsibility if you make a decision that has consequences... way too many of you whine about this warranty, which is very straightforward and fair...at least HTC isn't lying and then screwing you when you file a claim. Remember Apple refusing to cover people's computers because they could tell people were smoking cigarettes around them?
uansari1 said:
Being a law student, I'm very much aware of the law and your example is moot. A more accurate one would be if you turned your car into an off-road vehicle. Then would the dealer cover it? Heck that's still not a good example because this is a PHONE not a CAR!
Precedent is clear in this case anyway..anyone who's taken first year Contracts will agree. The bottom line is that this country's judicial systrm recognizes a robust freedom of contract. When you expressly agree that you understand that the warranty is void when you unlock the bootloader, then a court will only side with you if you can prove you're mentally incapable of understanding what you agreed to. If you had a problem with it, you had the option of not doing it or returning the phone for a refund..a court would take that into consideration if you tried to argue that the warranty clause was unfair.
Anyway, I've written about this numerous times in a thread a month ago..so search there if you need more clarification. You guys need to man up and take responsibility if you make a decision that has consequences... way too many of you whine about this warranty, which is very straightforward and fair...at least HTC isn't lying and then screwing you when you file a claim. Remember Apple refusing to cover people's computers because they could tell people were smoking cigarettes around them?
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Click to collapse
I remember apple doing that. I wonder how much they paid to have ppl look for that
Anyways im debating on it because i dont want the dust issue to arise
They exchanged my phone with no questions asked due to dust under the skin. My bootloader was unlocked, too.
I really wanna tryout thme desire rom it looks good

Refused repair on phone

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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Click to collapse
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.
Click to expand...
Click to collapse
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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Click to collapse
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.
Click to expand...
Click to collapse
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.

What happens when you don't unroot before returning

I'm having some problems with my phone and customer care told me to just switch it out through the buyers remorse policy at a T-mobile store. I know you have to erase all signs of having rooted the phone before sending it to HTC under the limited warranty or else they charge you. Do I also have to set it back to stock before returning it directly to T-mobile through buyers remorse?
Rooting the phone voids the warranty
Sent from my HTC Vision using XDA App
I would just to make things easier. It's easy enough to do, why make more problems than you need?
I know it voids the warranty but what exactly does that mean in terms of consequences when I return the phone to T-mobile via buyers remorse given they take it back without noticing? It's actually the mytouch and we don't have the stock recovery for it yet and I already put a custom recovery on it so I can't get it back to stock (yet)
Thanks for the help
I think the insurance may be handled differently, but when I had to return my G1 for an insurance replacement I didnt bother to un-root it.
I never heard anything about it.
My only guess is that they won't repair your phone and say, "Oh, you voided the warranty by rooting so we can't help you."
Or maybe they will and charge you for it. Not sure, but my guess is that they won't be much of help.
Sent from my T-Mobile G2 using XDA App
Sv3nt3k said:
My only guess is that they won't repair your phone and say, "Oh, you voided the warranty by rooting so we can't help you."
Or maybe they will and charge you for it. Not sure, but my guess is that they won't be much of help.
Sent from my T-Mobile G2 using XDA App
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Click to collapse
I was just gonna exchange it since I'm still in my buyers remorse without even bringing up the rooting.
Sent from my HTC Glacier using XDA App
carlsbad0331 said:
I think the insurance may be handled differently, but when I had to return my G1 for an insurance replacement I didnt bother to un-root it.
I never heard anything about it.
Click to expand...
Click to collapse
Not that I recommend it or anything, but back in the G1 days my 2nd and 3rd replacements were rooted. One of them I undid, one I didn't. I never heard anything about it from T-Mobile.
When you send a phone back, they usually check to see that a) the screen isn't broken and b) the water damage stickers are ok. Beyond that, they don't do much besides toss them on a pile to be sent back to the manufacturer.
c_licious said:
I know it voids the warranty but what exactly does that mean in terms of consequences when I return the phone to T-mobile via buyers remorse given they take it back without noticing? It's actually the mytouch and we don't have the stock recovery for it yet and I already put a custom recovery on it so I can't get it back to stock (yet)
Thanks for the help
Click to expand...
Click to collapse
Why didn't you backup your stock rom through recovery before flashing a custom one? Would make everything a cinch
Sent from my HTC Glacier using XDA App
If anything, maybe you can not mention it and see where that takes you and proceed to feign ignorance, haha.
Sent from my T-Mobile G2 using XDA App
Sv3nt3k said:
If anything, maybe you can not mention it and see where that takes you and proceed to feign ignorance, haha.
Sent from my T-Mobile G2 using XDA App
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Click to collapse
Root? What is this root you speak of? I assure you I have not attempted to water my phone.
Just send it back and see if they even notice.
hawaiian.monzta said:
Why didn't you backup your stock rom through recovery before flashing a custom one? Would make everything a cinch
Sent from my HTC Glacier using XDA App
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Click to collapse
It's not the rom but the recovery that I can't restore. It's all good though. I'm just gonna return it to the store with ClockworkMod recovery installed. They won't notice. I was just wondering how HTC will handle it once it gets shipped back to them but since the return wasn't processed through them it shouldn't be a problem. Thanks for the input guys!
Sent from my HTC Glacier using XDA App
If u got the insurance it doesn't matter. If not then u better go back to stock or they'll charge u for the phone
Sent from my HTC Vision using XDA App
I can't say for the G2, but when I had my Nexus One, I had it replaced through HTC under factory warrant and the bootloader was unlocked (which is suppose to void warrant). They never said anything about it and never charged me anything.
Correct, they won't really care unless u bricked it. Otherwise it was faulty hardware or remorse. N if u bring it n have warranty, I'm not sure, but they probably replace it for a fee.
Sent from my T-Mobile G2 using XDA App
c_licious said:
I'm having some problems with my phone and customer care told me to just switch it out through the buyers remorse policy at a T-mobile store. I know you have to erase all signs of having rooted the phone before sending it to HTC under the limited warranty or else they charge you. Do I also have to set it back to stock before returning it directly to T-mobile through buyers remorse?
Click to expand...
Click to collapse
Hi, i worked for a tmobile licensed retailer for a year and continue to have contacts within corporate locations as well as other licensees and the truth is as follows:
The employees don't care a whole lot to see if the software is rooted or not, more often than not, a fistful of people have heard of rooting but dont know exactly how to root or what it means, and a smaller fistful are people like myself.
If youre terribly worried, just put on the stock boot animation or flash it to stock (ish) rom. If its a brick, its a brick, just dont walk in announcing that its something you did; they should swap it out there and then with a minimum of questions asked. If they ask what happened, you dont know. We're only instructed to check the water damage stickers and warranty voiding screw stickers just to make sure its not user error, we were/are in no way trained to discern the software's integrity and are instructed to do little more than factory reset it. The end
I cant speak for the corporate locations but our exchanged phones would be sent at the end of each month to some tertiary company that refurbishes the phones. Even if HTC wanted to send agents with laptops out to check on all the HBOOTs and Roots, they would have to do it at a store level, or next up, the refurb centers; at which point these phones are out of your hands and theres not a whole lot they could possibly do to trace it back to you.
tl;dr
Do not worry, play it cool
PS:
And if they dont want to swap it out within your 14 days (30 if youre in CA), dial customer care right there and tell em youre at a store and they wont do the exchange; the CC rep will put his indignant face on and harass the rep at the store, making threats to file complaints and whatnot.
PPS:
I remember instances where the 1.6 OTA was bricking phones, and if i remember correctly an update just rolled out recently.
(probably a soft brick that could have easily been resolved with some fastboot shenanigans, but i didnt care enough to install adb+fastboot on 3 computers)
N31N said:
Hi, i worked for a tmobile licensed retailer for a year and continue to have contacts within corporate locations as well as other licensees and the truth is as follows:
The employees don't care a whole lot to see if the software is rooted or not, more often than not, a fistful of people have heard of rooting but dont know exactly how to root or what it means, and a smaller fistful are people like myself.
If youre terribly worried, just put on the stock boot animation or flash it to stock (ish) rom. If its a brick, its a brick, just dont walk in announcing that its something you did; they should swap it out there and then with a minimum of questions asked. If they ask what happened, you dont know. We're only instructed to check the water damage stickers and warranty voiding screw stickers just to make sure its not user error, we were/are in no way trained to discern the software's integrity and are instructed to do little more than factory reset it. The end
I cant speak for the corporate locations but our exchanged phones would be sent at the end of each month to some tertiary company that refurbishes the phones. Even if HTC wanted to send agents with laptops out to check on all the HBOOTs and Roots, they would have to do it at a store level, or next up, the refurb centers; at which point these phones are out of your hands and theres not a whole lot they could possibly do to trace it back to you.
tl;dr
Do not worry, play it cool
PS:
And if they dont want to swap it out within your 14 days (30 if youre in CA), dial customer care right there and tell em youre at a store and they wont do the exchange; the CC rep will put his indignant face on and harass the rep at the store, making threats to file complaints and whatnot.
PPS:
I remember instances where the 1.6 OTA was bricking phones, and if i remember correctly an update just rolled out recently.
(probably a soft brick that could have easily been resolved with some fastboot shenanigans, but i didnt care enough to install adb+fastboot on 3 computers)
Click to expand...
Click to collapse
Wow thanks for the information thats helpful... I am not saying I am going to brick my phone and try it out but I will definately remember this when a hinge breaks or something
N31N said:
Hi, i worked for a tmobile licensed retailer for a year and continue to have contacts within corporate locations as well as other licensees and the truth is as follows:
The employees don't care a whole lot to see if the software is rooted or not, more often than not, a fistful of people have heard of rooting but dont know exactly how to root or what it means, and a smaller fistful are people like myself.
If youre terribly worried, just put on the stock boot animation or flash it to stock (ish) rom. If its a brick, its a brick, just dont walk in announcing that its something you did; they should swap it out there and then with a minimum of questions asked. If they ask what happened, you dont know. We're only instructed to check the water damage stickers and warranty voiding screw stickers just to make sure its not user error, we were/are in no way trained to discern the software's integrity and are instructed to do little more than factory reset it. The end
I cant speak for the corporate locations but our exchanged phones would be sent at the end of each month to some tertiary company that refurbishes the phones. Even if HTC wanted to send agents with laptops out to check on all the HBOOTs and Roots, they would have to do it at a store level, or next up, the refurb centers; at which point these phones are out of your hands and theres not a whole lot they could possibly do to trace it back to you.
tl;dr
Do not worry, play it cool
PS:
And if they dont want to swap it out within your 14 days (30 if youre in CA), dial customer care right there and tell em youre at a store and they wont do the exchange; the CC rep will put his indignant face on and harass the rep at the store, making threats to file complaints and whatnot.
PPS:
I remember instances where the 1.6 OTA was bricking phones, and if i remember correctly an update just rolled out recently.
(probably a soft brick that could have easily been resolved with some fastboot shenanigans, but i didnt care enough to install adb+fastboot on 3 computers)
Click to expand...
Click to collapse
Why thank you sir for taking the time to post this. It's nice to have some first hand information on this. Gave me peace of mind.
Sent from my HTC Glacier using XDA App
N31N said:
Hi, i worked for a tmobile licensed retailer for a year and continue to have contacts within corporate locations as well as other licensees and the truth is as follows:
The employees don't care a whole lot to see if the software is rooted or not, more often than not, a fistful of people have heard of rooting but dont know exactly how to root or what it means, and a smaller fistful are people like myself.
If youre terribly worried, just put on the stock boot animation or flash it to stock (ish) rom. If its a brick, its a brick, just dont walk in announcing that its something you did; they should swap it out there and then with a minimum of questions asked. If they ask what happened, you dont know. We're only instructed to check the water damage stickers and warranty voiding screw stickers just to make sure its not user error, we were/are in no way trained to discern the software's integrity and are instructed to do little more than factory reset it. The end
I cant speak for the corporate locations but our exchanged phones would be sent at the end of each month to some tertiary company that refurbishes the phones. Even if HTC wanted to send agents with laptops out to check on all the HBOOTs and Roots, they would have to do it at a store level, or next up, the refurb centers; at which point these phones are out of your hands and theres not a whole lot they could possibly do to trace it back to you.
tl;dr
Do not worry, play it cool
PS:
And if they dont want to swap it out within your 14 days (30 if youre in CA), dial customer care right there and tell em youre at a store and they wont do the exchange; the CC rep will put his indignant face on and harass the rep at the store, making threats to file complaints and whatnot.
PPS:
I remember instances where the 1.6 OTA was bricking phones, and if i remember correctly an update just rolled out recently.
(probably a soft brick that could have easily been resolved with some fastboot shenanigans, but i didnt care enough to install adb+fastboot on 3 computers)
Click to expand...
Click to collapse
This is one of the most intelligent and complete posts I have had the pleasure to read. My logic and previous experience told me the same thing, but to have a person with "better than first-hand" experience confirm my beliefs is huge.
Kudos for taking your time to give back to the community
N31N said:
Hi, i worked for a tmobile licensed retailer for a year and continue to have contacts within corporate locations as well as other licensees and the truth is as follows:
The employees don't care a whole lot to see if the software is rooted or not, more often than not, a fistful of people have heard of rooting but dont know exactly how to root or what it means, and a smaller fistful are people like myself.
If youre terribly worried, just put on the stock boot animation or flash it to stock (ish) rom. If its a brick, its a brick, just dont walk in announcing that its something you did; they should swap it out there and then with a minimum of questions asked. If they ask what happened, you dont know. We're only instructed to check the water damage stickers and warranty voiding screw stickers just to make sure its not user error, we were/are in no way trained to discern the software's integrity and are instructed to do little more than factory reset it. The end
I cant speak for the corporate locations but our exchanged phones would be sent at the end of each month to some tertiary company that refurbishes the phones. Even if HTC wanted to send agents with laptops out to check on all the HBOOTs and Roots, they would have to do it at a store level, or next up, the refurb centers; at which point these phones are out of your hands and theres not a whole lot they could possibly do to trace it back to you.
tl;dr
Do not worry, play it cool
PS:
And if they dont want to swap it out within your 14 days (30 if youre in CA), dial customer care right there and tell em youre at a store and they wont do the exchange; the CC rep will put his indignant face on and harass the rep at the store, making threats to file complaints and whatnot.
PPS:
I remember instances where the 1.6 OTA was bricking phones, and if i remember correctly an update just rolled out recently.
(probably a soft brick that could have easily been resolved with some fastboot shenanigans, but i didnt care enough to install adb+fastboot on 3 computers)
Click to expand...
Click to collapse
Can confirm the same will happen at a corporate store. Especially if you go with the same person who sold it to you. They will be more worried about you canceling what you did because you will mess with their money lol.

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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Click to collapse
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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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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Click to collapse
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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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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