HTC guarantee is no good

[kiddingguy]

I have a HTC Desire which randomly reboots a couple of times a day. Very annoying.

The things is that the 2 year guarantee of the phone ends next week, so I have no time to either test a new battery (what HTC recommends) or send it - within guarantee - to HTC repair.

HTC say they cannot do anything about this; rules are rules and procedures are there.

I guess I just have to live with this.

I think this isn't the behavior I expected from a company like HTC. I guess they should've let me test a battery or something and not letting me down (and maybe send the phone a couples of days later - thus out of guarantee - to them (I mean, I do make the notion now in guarantee, right?)

Or maybe - with some extra payment on my side - let is swap to a newer phone, like the One-series or so.

What do you guys think?

[stereopixels]

It's my understanding (at least by UK law, I suspect under EU law similar protections apply) that HTC can't do this... remember that manufacturers warranty is simply an insurance, so it behaves the same as any other insurance does... as far as you're concerned, the phone is faulty, and it's under warranty. The fact that HTC will no longer be responsible for providing warranty in x amount of days is totally irrelevant, that just means they won't be responsible for any issue that arises after that date. The phone is faulty now, and they must cover it. It's also their responsibility to decide that the phone is not faulty, not yours to prove it is, so I don't buy the whole "you need to check the battery" stuff... that's HTC attempting to stall for time so they don't have to pay out for service - even though by the time they receive the phone the warranty will have ended, it failed whilst under warranty, so as long as you have registered and agreed with them that you believe there is a fault before the warranty expires, you should still be covered.

[CNSBarry]

Tried just telling them you've tried another battery and sending it anyway?

[Hardcore Til I Die]

Tell them you don't think it's the battery and you want them to take a look at the phone whilst it's still under warranty. So long as you send the device in while it's in warranty, I'm pretty sure they'll have to help when the warranty ends if it still isn't fixed after they've looked at it, as you sent it in for a problem that occurred whilst under warranty.

[Japlabot]

Did you purchase direct from HTC or from a retailer? Usually the retailer would take care of returns.

I tend to agree that you have reported the fault within the warranty period and now it is up to HTC to replace, repair or refund it. The may choose to send a new battery to you at their cost if they believe that this repair the fault, however if this remedy is unsuccessful then they still have an obligation to replace, repair or refund the handset.

I also agree that the warranty period should be based on when the fault was first reported, not when the phone is received/verified by the company. What if it failed on the last day and it was impossible to get the handset to them before the warranty period lapsed? What if they take their time to verify it or post is slow? That wouldn't be fair because it wouldn't really be a 2 year guarantee if the whole 2 year period is not able to be covered. As long as the phone is returned within a reasonable period, then it shouldn't be a problem.

It is highly improbably that you could fraudulently report a 'fault' with the phone in the last week of the guarantee (where there is no fault) and then a week later the 'fault' you report actually happens and then you send it back claiming that it happened in the warranty period, unless you are a fortune teller or something that can predict when faults will occur.

And no way do they have to give you a free or discounted upgrade. Some people just have too much of a sense of entitlement.

I would check with your Consumer Rights organisation in your country what your rights actually are because this is based on my experience in Australia, Australia has very strong consumer-protection laws - unlike other places which are basically the Wild West where companies can do whatever they like to consumers.

[kiddingguy]

I finally got some feedback from HTC - after a couple of weeks.

It turns out that, although I filed this case on time and in the guarantee period, I was somewhat late by sending in the copy of the receipt. And now my phone suddenly is out of guarantee.

I mean... WT*

I guess HTC didn't want something to day with this phone anyhow, and now they are using this argument.

The case is still open, but I don't think my Desire will be RMA'd, replaced or fixed.

So... how's the Sony Xperia Sola for a work phone; regular/not so heavy usage phone (just some Exchange mail and a few apps).

I have an iPhone for the 'heavy' Internet- and app-usage.