Well, I recently sent my phone back to Carphone Warehouse because of a hardware fault. They told me they would repair it for free because it was still under warranty. I was worried that they would realise it was rooted and send it back but the sales rep told me rooting didn't matter
http://dl.dropbox.com/u/6431517/Untitled.jpg - Warranty Card
The warranty card (above) shows that the warranty is only voided if:
3.1. Serial is defaced
3.2. Warranty document altered
3.3. No proof of purchase
Clause 2.3 does state that the warranty does not cover damage resulting from alterations or modifications. However this should mean changing the software should not make a difference. Moreover that the warranty is still valid and NOT voided.
EDIT: I meant to type "won't" in the title, not "don't"
hyperdude111 said:
Well, I recently sent my phone back to Carphone Warehouse because of a hardware fault. They told me they would repair it for free because it was still under warranty. I was worried that they would realise it was rooted and send it back but the sales rep told me rooting didn't matter
http://dl.dropbox.com/u/6431517/Untitled.jpg - Warranty Card
The warranty card (above) shows that the warranty is only voided if:
3.1. Serial is defaced
3.2. Warranty document altered
3.3. No proof of purchase
Clause 2.3 does state that the warranty does not cover damage resulting from alterations or modifications. However this should mean changing the software should not make a difference. Moreover that the warranty is still valid and NOT voided.
EDIT: I meant to type "won't" in the title, not "don't"
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What about overclocking?
I think, changing the software should not void warranty
Is this the same for the whole world? I recently bought the u8800 from Ibood in belgium (every day a new offer). I'm thinking about rooting it, but don't want to lose my 2 year warranty...
SiM0Th said:
Is this the same for the whole world? I recently bought the u8800 from Ibood in belgium (every day a new offer). I'm thinking about rooting it, but don't want to lose my 2 year warranty...
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Click to collapse
I bought mine from Ibood belgium too, and I rooted, so it's too late for me.
But, you can do a complete restore, so there's no track of rooting.
I rooted my htc desire and I had to send it back so all I did was put the stock rom back on and they replaced it
bealhorm said:
I bought mine from Ibood belgium too, and I rooted, so it's too late for me.
But, you can do a complete restore, so there's no track of rooting.
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Click to collapse
me 2 ( the ibood thing ),
the only problem here is, if it's a hardware failure there is a big change you won't be able to restore it =) ( but also thinking about rooting the device )
warranty is for hardware so they don't give a **** about what soft is inside.
All services just need the reason why it's broke, that's it. If phone was killed because of soft -then yes they won't apply warranty, otherwise - you will always will win any court if service won't repair -because you have right to install in your device whatever **** you want
Only ****ing apple is stupid, but they always loses courts so even unlocking, jailbreaking is legal and only god damn apple want's to control people what they can do and what they can not
Tommixoft said:
warranty is for hardware so they don't give a **** about what soft is inside.
All services just need the reason why it's broke, that's it. If phone was killed because of soft -then yes they won't apply warranty, otherwise - you will always will win any court if service won't repair -because you have right to install in your device whatever **** you want
Only ****ing apple is stupid, but they always loses courts so even unlocking, jailbreaking is legal and only god damn apple want's to control people what they can do and what they can not
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Click to collapse
where did you bought your phone?
i actually doubt this case would apply if buying a phone from Tele2.
Just curious, what happened to the phone?
is it just me can read?
"the warranty does not cover damage result from:
3)..... alteration, modifications.....
5).... installation....."
darkweather said:
is it just me can read?
"the warranty does not cover damage result from:
3)..... alteration, modifications.....
5).... installation....."
Click to expand...
Click to collapse
Your point is wrong, it doesn't cover damage RESULTING FROM which means that if rooting is not the cause of the problem then it doesn't matter (As I stated in my first post). I also said the warranty is "not voided" aka the warranty "can never be used again". That clause said it won't cover damage resulting from....but it will therefore still cover damage NOT resulting from...therefore not voided.
Related
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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Click to collapse
Hi,
I am on this firmware version and haven't received any update yet. Is there a update that I can run using stock recovery? Is root necessary to update the firmware manually. I am on the 3 network in the UK. Can someone pls suggest a manual.
samkol18 said:
Hi,
I am on this firmware version and haven't received any update yet. Is there a update that I can run using stock recovery? Is root necessary to update the firmware manually. I am on the 3 network in the UK. Can someone pls suggest a manual.
Click to expand...
Click to collapse
3 UK update via KIES or OTA on the phone .
Root and stock recovery have nothing to do with updates from 3 UK .
Root voids warranty .
Suggest you contact 3 UK to see if their is an update or not as you don't give any details no way of knowing .
Alternatives join XDA Developers and flash stock firmware via Odin .
http://forum.xda-developers.com/showthread.php?t=1671969
jje
Well i dont know about the UK. But in the US. Adam Outler (if you dont know that name youre under a rock) has found a way to prove that rooting doesnt void your warranty.
Sent from my GT-I9300 using xda premium
What version are you on? There must not necessarely be an update for what you have.
Is there a update that I can run using stock recovery?
Click to expand...
Click to collapse
Not through Stock Recovery, but yes you can manually run Updates. Pick the one you like off http://samfirmware.com (make sure it's for i9300)
and flash it through Odin (Download Mode)
But in the US. Adam Outler (if you dont know that name youre under a rock) has found a way to prove that rooting doesnt void your warranty.
Click to expand...
Click to collapse
At least over here it's that the warranty period is divided in 2 parts: in the first months the manufacturer has to prove you actually did something wrong (near impossible to prove), in the rest you have to prove it was a a manufacturing defect.
Most sellers will swap the device no questions asked anyway =)
b-eock said:
Well i dont know about the UK. But in the US. Adam Outler (if you dont know that name youre under a rock) has found a way to prove that rooting doesnt void your warranty.
Sent from my GT-I9300 using xda premium
Click to expand...
Click to collapse
As a number of users have posted that Samsung have refused warranty on rooted phones and Samsung take the trouble to send a letter to all service outlets regarding root and spotting it on a phone . I will leave users to make their own mind up but as for me root voids warranty is what is said on the tin .
jje
I will leave users to make their own mind up but as for me root voids warranty is what is said on the tin .
Click to expand...
Click to collapse
The seller is your contract partner, not Samsung. And your contract partner has to fulfill warranty claims.
Don't know about you, but we got a consumer "union" here that sellers actually fear as it's rather quick to bring out the big guns, meaning the lawyers and court. Usually it's sufficient here to just tell the salesperson you'll call the "UCL" and they try to find an acceptable solution.
Acer puts warranty stickers on their computer cases reading "Warranty void if removed". In other words: you'll have to send in the computer to get a (costly) fan cleaning since you're not allowed to do it yourself. Luckily the EU and all countries I know of consider such restrictions to be against consumer rights. Manufacturers also cannot refuse warranty if you install Linux-based operating system on your computer instead of the Windows it shipped with.
The same applies to mobile phone too...
But I think we're getting off-topic
d4fseeker;29107617
Most sellers will swap the device no questions asked anyway =)[/QUOTE said:
O2 refused my SGS1 as it was rooted and had a custom rom .
On two counts one it was not the O2 firmware as supplied and two its voided Samsung's warranty .Ok i was probably unlucky with the guy that looked at the phone and many tech guys will just pick the phone up of the bench read the work report and try a factory reset .
But as the phone costs a lot of money for many i still suggest that the rule is custom rom and root voids warranty according to Samsung and to be aware of that unless you want to stand the risk of paying for repairs .
As to Samsungs warranty we have in addition to the retail sellers warranty of twelve months a limited warranty in addition from Samsung for twenty four months .
Pop on to some of the local user forums in the UK and you will find many many cases of sellers not swapping the phone after the first 14/28 days but sending it off for repair as the SOGA says they can .
jje
Click to expand...
Click to collapse
As others have said you can flash an unbranded LFB through Odin and you will get all updates when Sammy publishes them, rather than your network, this will also remove your SIM lock.
Sent from my GT-I9300 using xda premium
this will also remove your SIM lock.
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Click to collapse
No. Network-lock (SIM-lock) is stored in the /efs/ directory and directly controlled by the modem. You need a Sim-unlock app or manually toggle the corresponding byte.
we have in addition to the retail sellers warranty of twelve months a limited warranty in addition from Samsung for twenty four months .
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Click to collapse
That's why I never buy electronics from UK. We got 24 months warranty from the seller required by law.
O2 refused my SGS1 as it was rooted and had a custom rom .
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Click to collapse
Sellers ALWAYS try to refuse warranty claims since it only costs them money (handling, Shipping, Tech guys,...). The key is forcing them to do it by
threatening with law(yers).
However if they can check if it has a custom ROM that means you can flash a standard ROM and have it repaired no questions asked
b-eock said:
Well i dont know about the UK. But in the US. Adam Outler (if you dont know that name youre under a rock) has found a way to prove that rooting doesnt void your warranty.
Sent from my GT-I9300 using xda premium
Click to expand...
Click to collapse
Adam's way off base. Here in the U.S., it is perfectly legal to invalidate a warranty based on customer induced damage or for violating the warranty terms themselves. For example, Samsung's U.S. warranty has enough exceptions to drive a truck through when it comes to being able to deny warranty coverage for a modified device. I’ve bolded the ones most applicable.
What is not covered?
This Limited Warranty is conditioned upon proper use of the Product. This Limited Warranty does not cover: (a) defects or damage resulting from accident, misuse, abnormal use, abnormal conditions, improper storage, exposure to liquid, moisture, dampness, sand or dirt, neglect, or unusual physical, electrical or electromechanical stress; (b) scratches, dents and cosmetic damage, unless caused by SAMSUNG; (c) defects or damage resulting from excessive force or use of a metallic object when pressing on a touch screen; (d) equipment that has the serial number or the enhancement data code removed, defaced, damaged, altered or made illegible; (e) ordinary wear and tear; (f) defects or damage resulting from the use of Product in conjunction or connection with accessories, products, or ancillary/peripheral equipment not furnished or approved by SAMSUNG; (g) defects or damage resulting from improper testing, operation, maintenance, installation, service, or adjustment not furnished or approved by SAMSUNG; (h) defects or damage resulting from external causes such as collision with an object, fire, flooding, dirt, windstorm, lightning, earthquake, exposure to weather conditions, theft, blown fuse, or improper use of any electrical source; (i) defects or damage resulting from cellular signal reception or transmission, or viruses or other software problems introduced into the Product; or (j) Product used or purchased outside the United States. This Limited Warranty covers batteries only if battery capacity falls below 80% of rated capacity or the battery leaks, and this Limited Warranty does not cover any battery if (i) the battery has been charged by a battery charger not specified or approved by SAMSUNG for charging the battery; (ii) any of the seals on the battery are broken or show evidence of tampering; or (iii) the battery has been used in equipment other than the SAMSUNG phone for which it is specified.As for Magnusson Moss, when Asus first started asking people to invalidate their warranties in order to unlock the bootloader, I asked one of our in-house attorneys if it was legal because I didn't think it was. Since unlocking the bootloader doesn't affect the operation of the product as originally Asus intended it to be sold its within their right to obviate your warranty if you agree to it.
Let's use an example following Adam's logic. Someone ships their phone off to Samsung because the headphone jack died. They say it's not covered under warranty because the bootloader's been unlocked and that non-Samsung s/w run on the device contributed to its failure. The phone owner says under "Magnusson Moss" you have to prove that my unlocking the bootloader caused the damage. They say that'll be $175 to repair the phone or $25 to ship it back unrepaired. At that point, those are the only two choices. Someone can later file reams of paperwork, invest gobs of time, and wait months for any type of relief either through legal channels or some state or government customer rights group but the phone will remain broken until then. No one can make Samsung fix a phone for free if they refuse to without putting in a lot of stress and time. What Adam says in this video is way over simplistic. You can have all the rights in the world but getting/having them enforced is a totally different matter.
Hello
I'm proud owner of TF300T for 1 day
When I unlocked bootloader I had to confirm that my TF is no longer under warranty.
Every dev here has statement in their post that flashing unofficial firmware will void your warranty.
Well, that's not entirely true. If you have purchased your device in EU, then you still have warranty even if it was flashed with unofficial ROM.
Quote:
"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!"
More details on Matija Šuklje, FSFE Legal Coordinator and Carlo Piana, FSFE’s General Counsel state article:
http://matija.suklje.name/rooting-and-flashing-your-device-does-not-void-the-warranty-in-eu
Happy flashing
* FSFE= Free Software Foundation Europe is dedicated to the furthering of Free Software and working for freedom in the emerging digital society
When I've contacted Asus they've told me my warranty would become void after unlocking the bootloader. Do Asus have a voluntary warranty?
Sent from my R800i using xda-developers app.
Sent from my R800i using xda-developers app.
It's nice to be important, but it's more important to be nice.
Asus have statutory warranty 2 yers like everone else who is selling electronics in EU. They have to prove that device died becouse of your action and e.g power button cannot brake becouse you rooted tablet! If they refuse to RMA broken button becouse tab is rooted you can sue or report them to some org for protecting consumer rights.
Recently Apple was charged (or sentenced, I forgot) becouse they were selling "extended warranty" witch lasted 2 years. They are obligatory to have 2 years warranty anyway.
Helpdesk told you what he had to, becouse HQ ordered it and people beleive it becouse they don't know about this EU directive. What they say is valid for US and rest of the world, but not EU.
BTW, from about 2-3 weeks ago unlocking phone or tab locked by carrier (AT&T, Version ....) is in US criminal act. !
stenc55 said:
Asus have statutory warranty 2 yers like everone else who is selling electronics in EU. They have to prove that device died becouse of your action and e.g power button cannot brake becouse you rooted tablet! If they refuse to RMA broken button becouse tab is rooted you can sue or report them to some org for protecting consumer rights.
Recently Apple was charged (or sentenced, I forgot) becouse they were selling "extended warranty" witch lasted 2 years. They are obligatory to have 2 years warranty anyway.
Helpdesk told you what he had to, becouse HQ ordered it and people beleive it becouse they don't know about this EU directive. What they say is valid for US and rest of the world, but not EU.
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Click to collapse
asus helpdesk in EU stated that the "warranty void" from unlocking counts only for software problems, if you discover an hardware defect they will still repair it under warranty (in USA and other countries this may vary as they have other customer protection laws).
but if you brick your tablet while flashing a rom meant for another device or something similar they wont cover you anymore - and well, why should they pay for your mess?
the unlocking basically works like those "warranty void if broken" seals that cover key screw on hardware devices - and those seals _ARE_ legal, if you break those you void your warranty as you cant anymore certify that the problem originated by a build defect instead of something you did.
BTW, from about 2-3 weeks ago unlocking phone or tab locked by carrier (AT&T, Version ....) is in US criminal act. !
Click to expand...
Click to collapse
wrong, unlocking a phone carrier-lock is a criminal act, unlocking the bootloader to flash firmwares (what they call jailbreak on iphones) is still legal.
NixZero said:
asus helpdesk in EU stated that the "warranty void" from unlocking counts only for software problems, if you discover an hardware defect they will still repair it under warranty (in USA and other countries this may vary as they have other customer protection laws).
but if you brick your tablet while flashing a rom meant for another device or something similar they wont cover you anymore - and well, why should they pay for your mess?
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Click to collapse
Agree. Confusion comes because they always say "warranty void" and not "software warranty void". They never mention that HW warranty still apply.
NixZero said:
the unlocking basically works like those "warranty void if broken" seals that cover key screw on hardware devices - and those seals _ARE_ legal, if you break those you void your warranty as you cant anymore certify that the problem originated by a build defect or something you did.
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Click to collapse
Those seals are always legal. They prevent users to fiddle with HW. But HW only. They do not apply for SW.
NixZero said:
wrong, unlocking a phone carrier-lock is a criminal act, unlocking the bootloader to flash firmwares (what they call jailbreak on iphones) is still legal.
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Click to collapse
That's what I wanted to say, but you said it more accurate.
I see there is a little confusion. This EU directive covers HW warranty, no matter in what state SW is. If user plays with SW then it's his fault if tab does a bootloop or if flashing goes wrong and one have 500€ brick. It's his fault. But if piece of HW is faulty they have to fix it even if tab is rooted and CM10.1 is installed. Problem is becouse they always say "warranty void" without specifying warranty for what? HW or SW? (SW does not have any warranty anyway)
stenc55 said:
I see there is a little confusion. This EU directive covers HW warranty, no matter in what state SW is. If user plays with SW then it's his fault if tab does a bootloop or if flashing goes wrong and one have 500€ brick. It's his fault. But if piece of HW is faulty they have to fix it even if tab is rooted and CM10.1 is installed. Problem is becouse they always say "warranty void" without specifying warranty for what? HW or SW? (SW does not have any warranty anyway)
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in some countries the consumer protection is really poor so they can do as they please, in EU its a lot stricter so probably if somebody pushes they would be forced to change their wording.
but there would need some flashy case and a lot of news coverage (like the wording in apple warranty that pushed users to buy their extra coverage even for the 2nd year that shoud be free, they got burned on that) and its not clear if its worth it as asus seem pretty helpfull when somebody asks
---------- Post added at 09:24 PM ---------- Previous post was at 09:22 PM ----------
stenc55 said:
That's what I wanted to say, but you said it more accurate.
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actually I've misread what you wrote, sorry.
NixZero said:
asus helpdesk in EU stated that the "warranty void" from unlocking counts only for software problems, if you discover an hardware defect they will still repair it under warranty (in USA and other countries this may vary as they have other customer protection laws).
but if you brick your tablet while flashing a rom meant for another device or something similar they wont cover you anymore - and well, why should they pay for your mess?
the unlocking basically works like those "warranty void if broken" seals that cover key screw on hardware devices - and those seals _ARE_ legal, if you break those you void your warranty as you cant anymore certify that the problem originated by a build defect instead of something you did.
wrong, unlocking a phone carrier-lock is a criminal act, unlocking the bootloader to flash firmwares (what they call jailbreak on iphones) is still legal.
Click to expand...
Click to collapse
i have to add that its a crime to sell a locked phone in Belgium. Tho European court of justice stuck down this law, it is still in use and we got finned for it.
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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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
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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.
As you can see in the pic my Edge's battery is wanting to make a break for it.
The phone is just inside the 2-year warranty apart from it has had many roms flashed and rooted etc, if I return it to stock do you think there will be a problem getting it repaired under warranty at a service centre in the uk?
I mean its clearly a hardware problem, rooting doesn't do that and I would have thought with all the bad battery press they would sort it for me before it burns my house down.
European Union laws mandate that manufacturers prove that you tinkering with the device (rooting etc) caused the defect. In this case that clearly is not possible. So yes, I think you should just flash it back to stock and take it back and see what they say.
Happened the same thing to myself, warranty didn't covered it
JohnTrabusca said:
Happened the same thing to myself, warranty didn't covered it
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What do you mean the Samsung warranty doesn't cover ballooning batteries?!
BigsyBiggins said:
What do you mean the Samsung warranty doesn't cover ballooning batteries?!
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Yes correct, just because I'd a rooted device, they told me that it could have pushed the voltages more than the normal ones and it could be because of that, a complete joke those guys