Broken Phone

[nataliee99]

Hi

I took a phone out on contract 3 months ago and suddenly the touch screen has completely stopped working. Besides one small superficial scratch on the phone, it is in perfect condition. MTN now refuses to replace the phone because they say, that small scratch voids the warentee. Is that legal? How can one tiny scratch be responsible for the fact that my screen does not work when the phone is literally 3 months old? Please can someone with a little more knowledge assist me??

[Dave A]

Off the top of my head, I can see two issues:
Is the scratch the actual cause of the fault?
If the product is easily damaged by minor scratches, is this fact pointed out when the product is supplied?

Out of idle interest, did the scratch coincide with the phone going faulty?

[nataliee99]

Hi Dave, Thanks for the quick response.

No, the phone was scratched in the first week (basically the metallic paint they use for the phone's surface has chipped off). So, that being said, it cannot possibly be the cause and if it is, then the Samsung Galaxy Pocket must be the worst phone I have ever owned if it breaks through one surface scratch. Because my whole touch screen doesn't work.

In fact, the fact that the paint is already chipping off is bad enough. Mtn still maintains however that the scratch voids the warantee and so I cannot have it replaced.

[nataliee99]

Oh, and no, they never stated that the phone is known to break due to scratches, bumps or anything like that!

[Didditmiself]

It's strange that a Samsung product is giving you problems! Here's two further suggestions: have you any insurance on the phone and if so contact the ins co. If no, then maybe contact Samsung Electronics directly on either 011 549 1500 or 086 072 6786. If that is not the correct number then tell them what your problem is and maybe (because they would hopefully not want to jeopardize their 'good' name) be willing to assist you further. Good luck!!

[Blurock]

It's strange that a Samsung product is giving you problems!

I am not too surprised. I believe that the latest Samsung products are state-of-the-art, but my wife has had two Samsung phones that was such crap, we actually threw it away. She is still using my old Nokia.

[ians]

After reading this thread again with the little info and knowledge I have acquired from experience, if the phone has so much as a small teeny weeny scratch, dent or any form of imperfection, you don't have a chance, it is the way cell phone distributors are getting out of fixing or replacing cell phones. If you sign up a contract you will find they point it out to and make you initial the clause and sign the bottom of the page. You will also find even if the phone is faulty a day later they will still not replace the phone until after it has been sent away to check for water damage and nicks and scratches.

So a word of warning if you hand in your phone make sure they acknowledge there are no marks on the phone. If there are don't even waste your time trying to claim under warranty.

[Dave A]

I'm not familiar with MTN contracts, but if they have a similar warranty setup to Vodacom, there's an initial period of 30 days where they'll replace the phone. Thereafter the warranty specifies that they shall repair the phone.

Whether this meets the requirements of the CPA may not have been something that the Consumer Protection Tribunal may have ruled on as yet, but has MTN refused to repair the phone too?

Or are you refusing to accept a repair option?

[adrianh]

What phone is it?

[Didditmiself]

She said it's a Samsung Galaxy Pocket. Read the post again.