Related
Well, if you bought the phone in EU and that it can't be proven that what you've done software-wise has caused a hardware fault.
http://fsfe.org/freesoftware/legal/flashingdevices.en.html
I just thought of something. What if the eMMC craps out? Because Samsung confirmed it's because of a software fault that can cause a hardware fault. Paradox?
Also, of you have a warranty of 1 year (I dont know if samsung has 2 or 1 year warranty) in Europe the expectation of the life of a phone which costs more than 250€ is more than 2 years. That the manufacturer is still responsible.
There have been warranty cases where iphones died after a year but the rules say it was Apples fault. Altough apple *****ed a lot they were forced to repair those devices
Sent from my GT-I9300 using xda premium
All New goods are covered for two years EU guarantee
its the LAW under the Sale of Goods ACT. Any shop or Company telling you otherwise are breaking the LAW
if anything happens that you are not responsible for causing, they have no choice but to fix it or give you the equivalent as a replacement, even if they suspect you may be at fault they have to provide evidence or they can not say NO.
Some place will sell with a 1 year warranty but even so they are responsible for 2 years whether they like it or not so do not get fooled by their tricks and Quote the LAW to them.
Good link, thanks for the post.
I already knew this, but I get quite annoyed by even developers propagating the myth that everywhere, no matter what, once you flash "Your warranty is now void", even putting it in the instructions as a fact
Sent from my GT-I9300 using xda app-developers app
esist said:
Good link, thanks for the post.
I already knew this, but I get quite annoyed by even developers propagating the myth that everywhere, no matter what, once you flash "Your warranty is now void", even putting it in the instructions as a fact
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Click to collapse
Agree with you here, but we still need to be careful, because not all countries have the same legal protections.
Even here in Australia, it's still quite a grey legal area and tech companies will use any trick in the book to find loopholes in the legislation and get away with voiding warranties.
Therefore, I think it's probably better to err on the side of caution and advise people that they may void their warranty depending on their jurisdiction.
i think it should be applied world wide cos it's a known fault in the 16gb models and they should fix it regardless of whether the phone was rooted or not.
i wouldn't mind an upgrade to 32gb though.
My two cents regarding this issue :
Here are more informations :
Read this : http://forum.xda-developers.com/showpost.php?p=36530300&postcount=3004
and this (usefull blog and the european directive) : http://forum.xda-developers.com/showpost.php?p=36537218&postcount=3018
I've sent samsung french customer service two mails asking for samsung official position regarding this european directive, no answer yet
(Cause either the first hotline level or certified repair centers told you that rooted= no warranty )
Some of the advice in this thread isn't strictly accurate. In the UK the sale of goods act states the goods must be fit for purpose and free from material defects. This is the case with all goods sold and is implied regardless of what the store says. Also - your contract is with the store not Samsung under SGA. If you run the phone over with a car you can't rely on the SGA. If you brick it because of a bad rom flash its going to largely be down to what reason you give that it was bricked and when it happened (inside or outside initial 9months) They will argue you have not used the phone for its intended purpose and your actions caused it to brick. Ultimately a Court would have to decide if you sued.
Also whilst it's true a warranty isn't necessarily 1 year and can be more its what the court determines as a "reasonable period" taking into account the cost and type of good sold. I think this may differ from EU directive as to how it's been implemented in UK although it's been awhile since law school heh.
Tbh would you really want to take a shop to court over you bricking your phone when they refused to fix or provide you with a new one outside initial 6months?? Esp given they'd argue you were then one who causes the failure because you used it in a way not envisaged when you bought it?
Reality of life is that you can get all jumpy about consumer rights but you have to have the balls and money and time to enforce them. Most people don't and definitely don't if there's a chance of losing and being ordered to pay other sides costs.
Sent from my GT-I9300 using xda app-developers app
"All New goods are covered for two years EU guarantee its the LAW under the Sale of Goods ACT"
As I'm just about to send my SGSIII off for repair (due to random restarts and crashes, which I fear may be the beginning of "SDS") I've just been looking at the guarantee booklet that came with the phone when I first got it and it does indeed say that the warranty is two years.
As I've had the phone rooted I'm kinda expecting them to turn around and say it isn't covered by warranty but I'm fully prepared to tell them it is (as I saw somebody else on here had done) and see what they say from there. Hopefully they won't question it though (I'm pretty sure it's not me flashing software on it that's causing the crashes and restarts because the first time it restarted of it's own accord was at least a week (and probably longer than that) after I'd flashed the last firmware (and it's always been "stock" firmware I've used anyway (i.e. firmware from Samsung themselves - even if sometimes it wasn't the final version)).
sgsboyo said:
"All New goods are covered for two years EU guarantee its the LAW under the Sale of Goods ACT"
As I'm just about to send my SGSIII off for repair (due to random restarts and crashes, which I fear may be the beginning of "SDS") I've just been looking at the guarantee booklet that came with the phone when I first got it and it does indeed say that the warranty is two years.
As I've had the phone rooted I'm kinda expecting them to turn around and say it isn't covered by warranty but I'm fully prepared to tell them it is (as I saw somebody else on here had done) and see what they say from there. Hopefully they won't question it though (I'm pretty sure it's not me flashing software on it that's causing the crashes and restarts because the first time it restarted of it's own accord was at least a week (and probably longer than that) after I'd flashed the last firmware (and it's always been "stock" firmware I've used anyway (i.e. firmware from Samsung themselves - even if sometimes it wasn't the final version)).
Click to expand...
Click to collapse
To be honest, if you flash it do it's completely stock and the issue persists it should be a hardware failure, and the only reason the hardware would fail because of rooting/custom roms is overclocking the CPU/GPU and frying them.
Let us know how it goes.
Samsung eventually got back to me regarding the repair of my phone and have refused to fix it without me paying for the service (£163) because it was rooted.
Needless to say I'm less than happy. They persisted with saying that rooting voids the warranty and wouldn't back down.
I'm furious because I'm aware of all the sudden death syndrome problems affecting this phone and i wish I'd kept using it till it did actually die before sending it off to them to repair.
But I've learned a costly lesson and won't be rooting while in warranty again (and may very well have bought my last Samsung smart phone).
Sent from my GT-P7510 using xda premium
That is a very informative and useful tip. Unfortunately, most people think that software modifications void the warranty under EU jurisdiction. Apparently that's not the case. Thanks op.
Sent from my GT-I9300 using Tapatalk 2
Theshawty said:
Well, if you bought the phone in EU and that it can't be proven that what you've done software-wise has caused a hardware fault.
http://fsfe.org/freesoftware/legal/flashingdevices.en.html
I just thought of something. What if the eMMC craps out? Because Samsung confirmed it's because of a software fault that can cause a hardware fault. Paradox?
Click to expand...
Click to collapse
I'm sorry but this is only a directive... after this in each country has to pass their own law in order to comply with directive... sometimes not every country make this last step. I'm thinking for ex UK that don't comply for the 2 years warranty for consumer products. Other country, mine (Portugal), is very avid in forgeting to make laws to comply with EU directives...
Just saying, careful cause in your country their may not have a law that comply with this EU directive.
sgsboyo said:
Samsung eventually got back to me regarding the repair of my phone and have refused to fix it without me paying for the service (£163) because it was rooted.
Needless to say I'm less than happy. They persisted with saying that rooting voids the warranty and wouldn't back down.
I'm furious because I'm aware of all the sudden death syndrome problems affecting this phone and i wish I'd kept using it till it did actually die before sending it off to them to repair.
But I've learned a costly lesson and won't be rooting while in warranty again (and may very well have bought my last Samsung smart phone).
Sent from my GT-P7510 using xda premium
Click to expand...
Click to collapse
You should moan about the directive stated in shawtys post and never play along.
Sent from my GT-I9300 using xda premium
My latest response from the Samsung "care" team yesterday:
" Thank you for contacting Samsung, I am sorry that you feel this way about the product.
*
I appreciate that you are saying that rooting the phone has not caused this issue, however by rooting the phone the warranty has been voided.* As a result, this repair and all future repairs will be chargeable.
*
Please do not hesitate to contact us if we can be of further assistance."
So without spending more cash on trying to pursue my rights I'm stuck. No more rooting for me, and I just hope this bloody phone lasts till the end of my contract without needing any more repairs (May 2014).
*
Sent from my GT-I9300 using xda premium
sgsboyo said:
My latest response from the Samsung "care" team yesterday:
" Thank you for contacting Samsung, I am sorry that you feel this way about the product.
*
I appreciate that you are saying that rooting the phone has not caused this issue, however by rooting the phone the warranty has been voided.* As a result, this repair and all future repairs will be chargeable.
*
Please do not hesitate to contact us if we can be of further assistance."
So without spending more cash on trying to pursue my rights I'm stuck. No more rooting for me, and I just hope this bloody phone lasts till the end of my contract without needing any more repairs (May 2014).
*
Sent from my GT-I9300 using xda premium
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Click to collapse
Thats the be all and end all of the root warranty topic . EU says yes Samsung says no .
As its written into Samsung warranty and part of the repair checking process it has to be a court case .
However unless Samsung is the vendor then its not their problem anyway as the law apply s to the vendor .You pursue the vendor for claims not Samsung who are offering an additional limited warranty on top of your lawful warranty / guarantee sale of goods etc from the vendor .
jje
JJEgan said:
Thats the be all and end all of the root warranty topic . EU says yes Samsung says no .
As its written into Samsung warranty and part of the repair checking process it has to be a court case .
However unless Samsung is the vendor then its not their problem anyway as the law apply s to the vendor .You pursue the vendor for claims not Samsung who are offering an additional limited warranty on top of your lawful warranty / guarantee sale of goods etc from the vendor .
jje
Click to expand...
Click to collapse
Yes it's been a costly mistake on my part going direct to Samsung when I just thought it would be quicker. Never again.
Sent from my GT-I9300 using xda premium
Just realised tonight, since my phone is no longer covered by warranty I'm free to root it and do whatever I want with it. Shame that's kinda lost its appeal. Need new inspiration!
Sent from my GT-I9300 using xda premium
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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Click to collapse
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.
Click to expand...
Click to collapse
(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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Click to collapse
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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Click to collapse
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.
Click to expand...
Click to collapse
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.
Click to expand...
Click to collapse
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
Click to expand...
Click to collapse
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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Click to collapse
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.
Click to expand...
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?
Click to expand...
Click to collapse
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).
Click to expand...
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:
Click to expand...
Click to collapse
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?
Click to expand...
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?
Click to expand...
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?
Click to expand...
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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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.
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.
Hey guys. Couple of quick questions. Cant seem to find the answer im after anywhere.
1. Is there any way of rooting my note without voiding warranty?
2. I found this guide which states that this method will not void warranty
http://www.ibtimes.co.uk/articles/5...3-lte-n9005-root-prerooted-stock-firmware.htm
However. The firmware they have linked to is this one 'SM-N9005XXUBMI7-ROOTED-KNOX_FREE.rar'
My baseband version is n9005XXUBMI6
My build number is JSS15J.N9005XXUBMI7
Will that firmware be compatible with my device. Really appreciate your help guys. Apologies if its all a bit noobish:silly:
Any tampering will trigger the counters and in turn, void your warranty. I emailed Samsung to see if triggering the Knox counter alone is enough to refuse a warranty repair and they confirmed that indeed it does.
Sent from my SM-N9005 using Tapatalk 4
Here's my question. Do these other root methods work with sprints note 3?
Sent from my SM-N900P using XDA Premium 4 mobile app
Consumer statutory rights
RavenY2K3 said:
Any tampering will trigger the counters and in turn, void your warranty. I emailed Samsung to see if triggering the Knox counter alone is enough to refuse a warranty repair and they confirmed that indeed it does.
Sent from my SM-N9005 using Tapatalk 4
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In the UK, Samsung as the manufacturer may well be able to deny a consumer any rights which it has offered (such as a special Samsung manufacturer's warranty) where such rights are additional to the customer's statutory rights under the Sale of Goods Act 1979, the Supply of Goods (Implied Terms) Act 1973, the Unfair Contract Terms Act 1977, and the Supply of Goods and Services Act 1982.
However, neither Samsung nor the retailer can remove your statutory rights as a consumer against the retailer (including to ask for a repair or a refund) in relation to a product which you bought from a retailer. I very much doubt that Samsung will have said in its email to you that you will lose your statutory rights, though it may legitimately have said its own warranty would be invalidated by flashing alternative firmware. In brief, if there is an underlying fault in the product not caused by any change you have made to it, in the UK at least you may still have a perfectly good right to a repair or refund (perhaps only partial, depending on circumstances of the fault), whatever the status of the manufacturer's warranty.
For a useful layman's summary of UK position, see http://www.oft.gov.uk/shared_oft/738369/738375/OFT002_SOGA_explained.pdf.
dxzh said:
In the UK, Samsung as the manufacturer may well be able to deny a consumer any rights which it has offered (such as a special Samsung manufacturer's warranty) where such rights are additional to the customer's statutory rights under the Sale of Goods Act 1979, the Supply of Goods (Implied Terms) Act 1973, the Unfair Contract Terms Act 1977, and the Supply of Goods and Services Act 1982.
However, neither Samsung nor the retailer can remove your statutory rights as a consumer against the retailer (including to ask for a repair or a refund) in relation to a product which you bought from a retailer. I very much doubt that Samsung will have said in its email to you that you will lose your statutory rights, though it may legitimately have said its own warranty would be invalidated by flashing alternative firmware. In brief, if there is an underlying fault in the product not caused by any change you have made to it, in the UK at least you may still have a perfectly good right to a repair or refund (perhaps only partial, depending on circumstances of the fault), whatever the status of the manufacturer's warranty.
For a useful layman's summary of UK position, see http://www.oft.gov.uk/shared_oft/738369/738375/OFT002_SOGA_explained.pdf.
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That is interesting to know, but from the retail side of things, all they'll do is send the faulty item to the manufacturer for the assessment and repair, so won't they just tell "us" to jog on as soon as they see the counters, statutory rights or not? I'll copy the text from their reply into this post in a mo. Admittedly I'm not really wide to the ins and outs of the political side of all of this.
This is the reply I got from Samsung when I asked whether just triggering the Knox counter alone would void the warranty.
-----------------------------
Customer reference number:**********
Please quote your customer reference number when contacting Samsung*
Email response ID:**********
Dear *********
Thank you for contacting Samsung Customer Support.*
I am sorry you are experiencing issues with the information for your Samsung Galaxy Note 3. I can understand why you would like confirmation of your warranty status on the device.*
Any form of rooting the device will void the warranty on your handset. This includes both hardware and software warranty.*
You can read more information about our warranty policy at the following link:*
http://www.samsung.com/uk/support/warranty/warrantyInformation.do?page=POLICY.WARRANTY*
If there is anything else we can help with, please let us know.*
Our Customer Support Team love feedback! Share your thoughts on this response by completing the survey at the bottom of this page.*
Kind regards,*
Louise*
Online Support Team*
SAMSUNG Customer Support Centre*
Sent from my SM-N9005 using Tapatalk 4
I really think this is BS. This is Android and is it known that we love root and testing new things on our devices.
I have not had an Android device long without root! Going on 4 days with this Note 3 and just biting my fingers wondering if I should just root.
@dxzh is right but it's a matter of evidence. They will no doubt try to link the root to the fault you're claiming for. It will be up to you to show they are unrelated.
What is more interesting but hasn't yet been tested in UK law is the question of whether the devices should be capable of root without voiding the warranty for a consumer. That question is much more interesting, patricularly where they are using an open source OS and they release the kernel source for it.
Sent from my SM-N9005 using Tapatalk 4
RavenY2K3 said:
That is interesting to know, but from the retail side of things, all they'll do is send the faulty item to the manufacturer for the assessment and repair, so won't they just tell "us" to jog on as soon as they see the counters, statutory rights or not? I'll copy the text from their reply into this post in a mo. Admittedly I'm not really wide to the ins and outs of the political side of all of this.
/
Any form of rooting the device will void the warranty on your handset. This includes both hardware and software warranty.*
You can read more information about our warranty policy at the following link:*
http://www.samsung.com/uk/support/warranty/warrantyInformation.do?page=POLICY.WARRANTY*
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In brief, it is the responsibility of the retailer to sort out repairs or refunds for defective products under UK consumer law. If the problem with the product is not caused by the consumer, then the consumer may well have a good case against the retailer. The retailer's statutory obligations are not likely to fall away if the consumenr simply flashes new firmware which causes no damage to the product.
The link given by Samsung seems to be a general description of the additional manufacturer's warrany and how to claim under it, not the detailed wording of the warranty itself. Digging out my old SGS2 manufacturer's warranty card received from Samsung in the box, there is at the end a typical statement that:
"This warranty does not affect the consumers statutory rights nor the consumers rights against the dealer from their purchase/sales agreement."
While the manufacturer's additional warranty set out on the warranty card (or wherever) on whatever terms it chooses may be lost by rooting, etc, I would take some comfort knowing that the important and valuable statutory rights a consumer has under the relevant local legislation, in the UK at least, subsist independently, primarily against the retailer. The consumer does not even need to go looking for the wording mentioned above in the manufacturer's warranty as, whether it is there or not, is not relevant to the continued existence of your statutory rights against the retailer.
From a retailer perspective, the obligations which they have to the consumer will depend on the circumstances. For example:
- if there was an underlying fault (such as duff pixels or a defective switch unconnected with the software loaded onto the device) or the device was not "fit for its purpose" or it was misdescribed, then the retailer (not its distributor or Samsung) is the one under an obligation to arrange a repair or refund in accordance with the legislation, irrespective of any manufacturer's warranty.
- if the problem is caused by the consumer dropping the phone or frying the CPU by overclocking it, then that is a matter not typically protected by the legislation. In this type of circumstance the loss of the additional rights might be significant, perhaps because additional accidental damage cover offered with the phone in the form of a warranty or insurance is invalidated or has exclusions linked to the modification of the device. However, even then the consumer's position may not be completely hopeless if:
** a term dening the warranty or insurance could be deemed unfair under UCTA 1977 (or similar legislation) - for example, it might be unfair to be denied accidental damage coverage for damage caused by dropping a phone in water if the reason coverage is denied is simply because the phone had been previously rooted. Warning: this type of claim based on unfairness though is not an ideal path to follow as outcome is uncertain (given legal judgement call) and journey there likely to be time-consuming; or
** a retailer (or the repairer on its behalf) does not associate revisions to the firmware with the problem resulting in the claim or chooses not to enforce the exceptions for some reason (eg the retailer is nice, incompetent, values ongoing relationship, has better things to do than argue, etc).
The OFT guide to the position of a UK retailer (http://www.oft.gov.uk/shared_oft/738..._explained.pdf) mentioned in my earlier post seems to be informative and written in plain English and gives, I believe, a really useful indicator of the grounds for returning goods for repair or refund in the UK and of a few extra rights a consumer might have when buying remotely - many of these rights will exist in a similar form throughout the EU, though implemented in a different way. Whether or not the average high street employee of the retailer in the UK is aware of the obligations of the retailer is a bit of a lottery, but someone in its head office will be and it is to the head office that the consumer may have to turn if the store itself is unhelpful. Fortunately in the UK at least, it is not generally the consumer's problem as to how the retailer sorts out with its distributor or the ultimate manufacturer (in this case Samsung) which of the retailer, distributor or manufacturer ultimately pays for the repair or refund where there is a good statutory claim.
dxzh said:
In brief, it is the responsibility of the retailer to sort out repairs or refunds for defective products under UK consumer law.
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Thank you for that thorough explanation, well see what happens if it dies before I get the Note 4
Sent from my SM-N9005 using Tapatalk 4
dxzh said:
However, neither Samsung nor the retailer can remove your statutory rights as a consumer against the retailer (including to ask for a repair or a refund) in relation to a product which you bought from a retailer. I very much doubt that Samsung will have said in its email to you that you will lose your statutory rights, though it may legitimately have said its own warranty would be invalidated by flashing alternative firmware. In brief, if there is an underlying fault in the product not caused by any change you have made to it, in the UK at least you may still have a perfectly good right to a repair or refund (perhaps only partial, depending on circumstances of the fault), whatever the status of the manufacturer's warranty.
For a useful layman's summary of UK position, see http://www.oft.gov.uk/shared_oft/738369/738375/OFT002_SOGA_explained.pdf.
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dxzh said:
In brief, it is the responsibility of the retailer to sort out repairs or refunds for defective products under UK consumer law.
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As you said, Samsung can legally choose to take NOTHING to do with you unless you bought the phone from them directly. The retailer is solely responsible for repair or replacement of faulty goods. In terms of liability, the manufacturer's involvement is incidental, as often they're best-placed to provide repair services. Of course, the manufacturer *may* choose to intervene and repair a product at their expense as a customer service gesture.
Good link, it could come in handy! Thanks!
RavenY2K3 said:
Any form of rooting the device will void the warranty on your handset. This includes both hardware and software warranty.
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Again, warranty is not the same thing as invoking your statutory rights under the sale of goods act. It may well be the first point of call that your phone goes for warranty repair and is denied. The next step is to escalate the issue from routine warranty service to a you seeking redress under the relevant statutes.
This process can take months. To be honest, my personal opinion is that you're better threatening to stop paying contracts than threatening legal action, the latter means they'll probably refuse to talk to you from that point on and you'd have to liaise with their legal department. By that point you could be heading for the small claims court (as your next logical step) which isn't necessarily a bad thing but it does have some initial outlays. I think it would be preferable to get a resolution from customer services rather than a court.
Source: I've worked for a major retailer and been involved in two cases in small claims court (the customers lost both!). Also, I got a reasonable resolution once with a rooted HTC that T-Mob's repair centre refused to fix.
I say hell with them! I going to root mine. Cant stand having so much bloat on my stuff. Besides, without root is like having no eyes!
Samsung has officially confirm that they will not honor any warranty they can see the Knox software being tripped, as in my case today.
They will not replace or repair any phone that has this status on the screen, as this is a directive from Samsung HQ.
Clarification from Samsung UK at last then. Bugger :crying:
Takes UK rooting to a whole new level then, especially with the amount of defective devices there has already been floating around. 0x1 is certainly a risk now more than ever.. especially if they won't fulfil any fixes even if you choose to pay.
samuel clarke said:
Samsung has officially confirm that they will not honor any warranty they can see the Knox software being tripped, as in my case today.
They will not replace or repair any phone that has this status on the screen, as this is a directive from Samsung HQ.
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Any documentation like an email ?
Did you ask for a copy of this "directive from Samsung HQ"? There must be some kind of written documentation ....
Mittaa said:
Any documentation like an email ?
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http://forum.xda-developers.com/showthread.php?t=2542127
documented in this thread, altho no emails etc, no reason to lie really.
Also, I've come to the conclusion that Samsung do UK repairs through third party shops (from when I looked for one in my city York), therefore they decide on what they will and will not repair given on Samsung's original advice it seems.
Nope direct words from the technical engineer at Samsung service center at Stratford Westfield I also have a the following email.
Regarding your Note 3, we have done some investigating into the fault and it turns out that the device has what we call, been rooted. This means that un official software has been loaded onto the device and in the end this results in the voiding of the warranty.
Please feel free to come and collect the handset but i am sorry to deliver the bad news.
Samsung Store
114 The street
Westfield Stratford City
London
E20 1EJ
OK so what I can gather from this is - Samsung themselves will NOT repair a device even if you try/offer to pay to have it done.
But.... Their third party representative shops seem to be carrying out repairs 0x0 or 0x1 regardless?
That sound about right?
Really? I think EU law would supercede this.
FlamingGoat said:
Really? I think EU law would supercede this.
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Yes, that is true. They cant get away citing Knox. See this
http://matija.suklje.name/rooting-and-flashing-your-device-does-not-void-the-warranty-in-eu
no it can't
just because samsung want it to doesn't mean that it does
european law will take precedence ....you may have to fight for it but they can't refuse to honour the warranty unless they can prove rooting and installing a rom has broken the phone
way to many companies try this on .....(sorry you hav broken this sticker you have voided your warranty) .......not in the uk you don't or the rest of europe for that matter
Sue the bell-ends
Right... this is an ideal case for the UK small claims court. It can all be done online, and the process does work.
http://www.adviceguide.org.uk/engla..._e/law_taking_legal_action_e/small_claims.htm
Samsung (and their peers) need to be told that EU law trumps their stupid unfair warranty rules.
The claim will actually be against the retailer, since it is with them that you have a contract, so you need to (rather unfairly) go after the shop or the service provider who sold you the phone.
I believe the process costs around £40, and I dont think you need to attend court in person.
A friend of mine successfully went through this process with the provider Three UK when he couldnt get HTC to repair the camera that had cracked on his phone. He won a judgement against Three for the full (unlocked) value of the handset, and got the money.
If this can be successfully done, and documented, it will start to set a precedent that unrelated hardware faults cannot be excluded from warranty rights (actually statuary rights in the EU) due to rooting, or any other software mod.
I strongly urge you to follow this course, for the good of the many (as well as yourself).
I want to root my Note3, but dare not...
cheers
George
samuel clarke said:
Nope direct words from the technical engineer at Samsung service center at Stratford Westfield I also have a the following email.
Regarding your Note 3, we have done some investigating into the fault and it turns out that the device has what we call, been rooted. This means that un official software has been loaded onto the device and in the end this results in the voiding of the warranty.
Please feel free to come and collect the handset but i am sorry to deliver the bad news.
Samsung Store
114 The street
Westfield Stratford City
London
E20 1EJ
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Is what I said here or in another thread (theres a lot around this currently). The warranty in the UK lays with the seller be it carrier, P4U or CPW or somewhere else. - 9 out of 10 times they'll fix/replace anyway. It's just Samsung themselves that are being stubborn (Samsung don't sell phones directly to consumer in the UK for whatever reason..). - It's all about not taking no for an answer more than anything.
I will write to Samsung UK and give them 14 days to refund the full amount I paid for a new phone. After that I will seek action from a small claims court, lets see what they say now
Good Stuff
samuel clarke said:
I will write to Samsung UK and give them 14 days to refund the full amount I paid for a new phone. After that I will seek action from a small claims court, lets see what they say now
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Good Stuff - please keep us updated on this forum.
Good luck with it
thanks
George
Yup get that letter wrote with the threat of small claims and cite the EU Directive. - get your money back
Sent from my SM-N9005 using XDA Premium 4 mobile app
Considering the EFS partition on this device is so fragile and will brick if you so much as sneeze on it, I am starting to regret tripping my knox.
Sure Samsung have no right to supersede EU law but you will have to go through so much hassle just to get them to honour their warranty.
Everyday when I use my Note 3 I always expect the WiFi to suddenly stop working, or the IMEI to disappear, or the device to start rebooting randomly. There are just so many reports of these problems randomly happening and add that to Samsung's stupid idea of 0x1 making your warranty invalid, I feel like I have wasted so much money. Sure this is a great device, but for how long will that last!
prank1 said:
Considering the EFS partition on this device is so fragile and will brick if you so much as sneeze on it, I am starting to regret tripping my knox.
Sure Samsung have no right to supersede EU law but you will have to go through so much hassle just to get them to honour their warranty.
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Actually, I think that you're wrong here. You guys in the EU have the advantage that law is on your side. Your disadvantage is that as individuals you're small and inconsequential. Thus Samsung as a Multi-Billion dollar corporation can give each and every one of you sh*t without worrying about it.
You're phone provider, on the other hand, is NOT a small and inconsequential individual. So if you all start to sue P4U or CPW how long do you think it will be before those companies start questioning Samsung?
Especially when the actual text states "Knox Warranty Void" NOT 'Device Warranty Void"
Ultimately this will benefit those who don't have the umbrella of EU law.
Go for it guys