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My Right With Mobile Phone Repair

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David1965 | 12:57 Wed 09th Jan 2013 | Business & Finance
5 Answers
My mobile phone is out of warrany and was repaired in Septmeber. I paid for the repair, however the same fault has occurred again. I spoke to the repair company and was told the repair would be under guatantee, so I would not have to pay for it. The comapny are now saying the reapir was only guaranteed for 28 days, which has not elapsed.
They have now said they have all calls recorded and will be checking back as to what was said, but the recorder was not working today (how convenient! - business speak for 'We need time to cover our backs while we see how we can get out of this!')
I said that if a product is incorrectly priced in a shop, the shop has to sell it to me at the marked price, so in my case, if I have been given incorrect information, and that call is recorded, they should have to abide by the information they first gave.
Am I right?
Any advice/information would be appreciated.
Thanks

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if the repair was in september then 28 days has elapsed???

i'd still go on at them

but the incorrectly priced thing is wrong, the shop have no obligation to sell it to you at the incorrect price. most do but they don't have to
A product priced in a shop is an invitation to buy (if that's the correct legal term), it's not mandatory.
Question Author
Thanks for the replies.
Yes, the 28 days has elapsed, by it is on their recording of my conversation with them that they stated that I would not have to pay for the reair as it is under guarantee. That's the bit I need clarity on
>>>I said that if a product is incorrectly priced in a shop, the shop has to sell it to me at the marked price

That's hardly a good argument to use, as it's completely untrue. As long as they avoid specific forms of discrimination - such as on the grounds of race, gender, etc - a retailer is free to charge every customer a totally different price (or to refuse to sell the item to them at all) irrespective of any price marking.

If you were specifically told BEFORE the original repair was done that the service offered included a warranty lasting at least 4 months, then that statement formed part of the contract under which you agreed to to have the repair done. Otherwise any warranty referred to is simply a 'gift' from the repairer, who is entitled to modify the terms of that gift (or to withdraw it altogether).

That, of course, is entirely separate to your statutory right to receive an adequate service from the repairer. If you can show that the most recent problem has come about because the repair 'wasn't up to standard', then you're entitled to a free remedy now. However if the current fault has come about through, say, poor manufacturing standards, the repairer has no further obligation to you.

When your phone first went wrong you should have demanded that the RETAILER fix it free of charge, on the grounds that there was probably an inherent fault (such as a poor quality component) when you bought the phone. That right exists for 6 years from purchase and is totally separate to any manufacturer's warranty.

Chris
What I think you need to look at is whether the repair was fit for purpose. If you buy a new pair of shoes you wouldnt expect them to fall apart in a month, same with the repair, it may be worth speaking to someone higher up and putting them in the situation and find out how they would feel if they had the same problem, I would advise doing this in a friendly manner first as threats will usually result in them "trying to cover their own backs"

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