# Regulatory Compliance Category > Consumer Protection Act Forum > [Question] Question about warranty be upheld

## Brendan

I bought a phone from Edgars cash, with Vodacom as the provider.  3 days later half the screen is busted, it looks like it has been dropped or taken pressure damage, but i know for a fact I did nothing, it happened while i was sittng on the couch, one minute fine, next i pick it up and its like that.
I take to Edgars, they say Vodacom needs to authorise a return, so I take to them and they say it is my fault and definitely negligence so hence will not honour the warantee which states physical damage is not covered by the warantee.
Can they really deny service like that after so few days when I did not damamge the phone myself?

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## Blurock

Yes they can. You have to inspect any purchase thoroughly to make sure there are no problems, before leaving the store. It will be very hard for you to prove that the phone was in that condition when you purchased it. How come you only pick up the problem 3 days later? Who sat on the phone?

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Nickolai Naydenov (24-Feb-13)

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## Brendan

The problem only happened 3 days later.  It was fine at first, then all of a sudden it just happened.
If somebody sat on the phone then they havent told me about it!

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## Blurock

> I bought a phone from Edgars cash, with Vodacom as the provider.  3 days later half the screen is busted, it looks like it has been dropped or taken pressure damage, but i know for a fact I did nothing, it happened while i was sittng on the couch, one minute fine, next i pick it up and its like that.


So does your insurance cover accidental damage such as when you accidentally sit on your phone?

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## Dave A

> If somebody sat on the phone then they havent told me about it!


Seems the most likely explanation to me.

Pretty rough to expect the supplier to be held responsible for that.

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Nickolai Naydenov (24-Feb-13)

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## Brendan

Right, let me say this clearly then hopefully we can move on, it was never sat on, it was in my front pocket (because who keeps a phone in their back pocket), i took it out, typed a message, returned to pocket, took it out again, screen was all screwy, and thats how it happened, that it why i say i never sat, punched, threw, hit with a hammer, spat or performed any other malicious damage to it.
Are you going to continue trying to blame me or perhaps tell me what i can if they are trying to blame me.

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## SSS100

Brendan, I don't think the gentlemen were trying to blame you on their posts above. It seems to me they merely wanted to get a clear understanding of what happened...they were not there and as such do not know, therefore it's only logically to ask questions so they can understand n get insight on the matter

Basically, you have to prove to Edwards and vodacom that you did not damage the phone or screen, it just happened

Honestly, it will be hard for u to do that in this case
They can even say, maybe your pocket was too tight, or had other things in it that could possibly damage the phone. Have you thought about that argument?

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## Blurock

> Right, let me say this clearly then hopefully we can move on, it was never sat on, it was in my front pocket (because who keeps a phone in their back pocket), i took it out, typed a message, returned to pocket, took it out again, screen was all screwy, and thats how it happened, that it why i say i never sat, punched, threw, hit with a hammer, spat or performed any other malicious damage to it.
> Are you going to continue trying to blame me or perhaps tell me what i can if they are trying to blame me.


No blaming Brendan. Just logic arguments. Do you have any insurance that will cover accidental damage as it is unlikely that you will succeed with your warranty claim. You may still request that the damage be inspected by an expert though.

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## IanF

I changed to prepaid from topup as my screen on a HTC snap also broke naturally I was told it was my fault. To add insult to injury Vodacom insisted I pay a quote rejection fee of R75. Then they also said there is water damage as on of the repair stickers which they put on when I handed it in had smudged. At that stage I just shook my head and took the phone. Now I buy a phone and still have credit from my topup balance which I am using slowly.
The only way you win with them is when you get out the system.

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Chrisjan B (24-Feb-13)

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## adrianh

I agree 100% with you Ian.

I'm still using my trusty Sony Ericsson P1i 5 years on. I will never sign a phone contract again.

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## Justloadit

Unfortunately the new smartphones are only designed to last about 2 years, so that you can get a new latest model again. This is how they maintain their contracts going.
Cellphones are no longer a necessity, and due get abused both in use and in the manner in which they are transported when not in use.
How many times has you cellphone bounced of the pavement floor?
My iPhone 3S bounced a number of times and still works, however my iPhone 5 bounced once on the street, and cracked the screen - replacement screen cost R3500.00

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## Darkangelyaya

Hence my firm loyalty to Nokia. Although I now have an N9 smartphone, it has also proved to be much more durable than expected.
I really am not the type of person for delicate technology. In the past I have driven over my Nokia, smashed it against a wall, dropped it from 10m height, fell into a pool with it. (All different Nokias). But they just kept on going. 
Once, I betrayed Nokia, and got a blackberry. Three months into that the constant BBM crap was driving me nuts, and the trackerpad broke. Cost to fix: R1800.
I burnt a candle and slaughtered a chicken for the Nokia gods... And they took me back with open arms.
A match made in heaven.
As for contracts, they suck, so I'll also be getting off in a few months.

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## Didditmiself

The w****rs at Vodacom have been pestering me for about 3 years to upgrade my phone/contract. Quite honestly, they can get stuffed. When the Nokia I got with the contract 5 years ago finally bombs out, I will also go and buy one and go the prepaid route. Most of these contracts suck anyway. All you have to do is work out what you pay in contract fees and usually it ends up after 24 months costing 3 to 4 times what you would have paid had you bought the phone cash.

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## Blurock

> The w****rs at Vodacom have been pestering me for about 3 years to upgrade my phone/contract. Quite honestly, they can get stuffed. When the Nokia I got with the contract 5 years ago finally bombs out, I will also go and buy one and go the prepaid route. Most of these contracts suck anyway. All you have to do is work out what you pay in contract fees and usually it ends up after 24 months costing 3 to 4 times what you would have paid had you bought the phone cash.


What we miss out on is what do you pay for your call? There is a big difference between the R2.65 per minute MTN and Vodacom charge on some of their pre-paid contracts and the 99c charged by Cell C.  So a 2.5 minute or 3 minute call will cost you R7.95 at MTN or R2.97 at Cell C. 

On a contract I paid R1.65 per minute at Vodacom. = R4.95 for a 3 minute call, but still way more than Telkom or Cell C.

I am really tempted to switch to Cell C, but their service record is atrocious. Shall I take the plunge? If we all switch to Cell C will the others bring down their exorbitant charges? We are paying the highest cell phone rates in the world, but nobody takes to the streets or burn cell phone towers! Are we just too stupid to realise that we are being ripped off!!??? :Confused:

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## CLIVE-TRIANGLE

> The w****rs at Vodacom have been pestering me for about 3 years to upgrade my phone/contract. Quite honestly, they can get stuffed. When the Nokia I got with the contract 5 years ago finally bombs out, I will also go and buy one and go the prepaid route. Most of these contracts suck anyway. All you have to do is work out what you pay in contract fees and usually it ends up after 24 months costing 3 to 4 times what you would have paid had you bought the phone cash.


The only thing is, you have now paid 2.5 times for the phone  :Smile:

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## Dave A

> I am really tempted to switch to Cell C, but their service record is atrocious.


I'm seriously tempted myself, but I have the same concern.

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## Chrisjan B

I'm making the switch - already notified Vodacom in November to cancel my contract which expire in April. I all went well my SIM will be a prepaid on I will then port the number to CellC....

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## Blurock

> I'm seriously tempted myself, but I have the same concern.


I am going to try a pay as you go first and then go for something more permanent. The Telkom convergence offer of a landline, adsl, cell phone and 3G dongle is also attractive. Calls at 65c per minute compared to R2.65 per minute at MTN and Vodacom.

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## Didditmiself

Actually, I did not think of it that way. (That I paid 2.5 times more for the phone) Dammit!!   :Banghead:

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## Blurock

> Actually, I did not think of it that way. Dammit!!


Its like HP, we do not consider the total cost of the car over an extended period, we just look at the monthly repayment. Petrol consumption and running cost is often not considered.

The cell phone companies have done their research and they absolutely understand consumer behaviour. They know that South African consumers are stupid, that is why they can charge R2.65 PER MINUTE and even be arrogant about it! All we worry about is whether my phone is smarter than yours. :Rant1:

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Darkangelyaya (01-Mar-13)

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## Darkangelyaya

> Its like HP, we do not consider the total cost of the car over an extended period, we just look at the monthly repayment. Petrol consumption and running cost is often not considered.
> 
> The cell phone companies have done their research and they absolutely understand consumer behaviour. They know that South African consumers are stupid, that is why they can charge R2.65 PER MINUTE and even be arrogant about it! All we worry about is whether my phone is smarter than yours.


If the thing works, can send and receive calls and texts, I really don't care whether it's a superzoomzoomhoitytoitypersonhoodextension or not. It helps if it can handle being treated like a shoe at times - like in stepped on, or used to occasionally kill spiders with. (Oh, I have to say I use the camera function a lot in my work - saves me from carrying a handbag to keep stuff in - a pet hate of mine. Gimme pockets on my jeans and I'm good to go.)

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