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  1. #1
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    Jan 2011
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    Default Can You Get a Repair Under Warranty if Damage Isn't Visible On the Outside

    My question involves a consumer law issue in the State of: CA

    I've dropped my phone on a carpet and it doesn't work. It didn't hit
    hard, there is absolutely no visible or otherwise perceptible damage,
    but the seller said he discovered a mechanical damage inside so the
    warranty is void. Is he right?

  2. #2
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    Sep 2005
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    Default Re: Is a Warranty Void if Damage Isn't Visible On the Outside

    This is a warranty for manufacturer's defects? Breaking a phone by dropping it isn't a manufacturer's defect, even if you have to open the case to see the damage.

  3. #3
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    Jan 2011
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    Default Re: Is a Warranty Void if Damage Isn't Visible On the Outside

    I doubt it, as a mobile device is should be able to withstand normal wear and tear including dropping.

  4. #4
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    Mar 2009
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    LA LA Land
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    Default Re: Is a Warranty Void if Damage Isn't Visible On the Outside

    Quote Quoting yew
    View Post
    I doubt it, as a mobile device is should be able to withstand normal wear and tear including dropping.
    Not very convincing.

    For one, "wear and tear" does not, by any definition, include dropping... And even if it did, normal wear and tear is NOT considered a "manufacturer's defect".
    I am right 97% of the time... Who cares about the other 4%!

  5. #5
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    Default Re: Is a Warranty Void if Damage Isn't Visible On the Outside

    But did I really drop it? There are no traces on the case. I didn't see what's inside when I bought the phone. Were the electronic insides properly fixed? Hadn't they been broken before I bought it? Sometimes a mechanically damaged electronic device keeps functioning if moved carefully. Was I not careful enough?

  6. #6
    Join Date
    Jan 2006
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    20,681

    Default Re: Is a Warranty Void if Damage Isn't Visible On the Outside

    Quote Quoting yew
    View Post
    But did I really drop it? There are no traces on the case. I didn't see what's inside when I bought the phone. Were the electronic insides properly fixed? Hadn't they been broken before I bought it? Sometimes a mechanically damaged electronic device keeps functioning if moved carefully. Was I not careful enough?
    so argue with them. You have lost here and your arguments are bordering on juvenile.

    Next time you purchase anything, I suggest you completely disassemble the product and record the entire unit with photographic evidence of the condition. That way, if you find a problem with the device you now have proof it was that way when you bought it.

    Quote Quoting yew
    View Post
    I doubt it, as a mobile device is should be able to withstand normal wear and tear including dropping.
    you are speaking of a warranty of fitness for a particular use and no, it would not include dropping. If you had a winning argument with this, I could use the same argument that a manufacturer of my car is liable for any damages sustained during an accident. The manufacturer is aware many vehicles get in accidents so they should design the vehicle so it will not sustain any damage in any possible accident.

    Sorry yew, you are barking up the wrong tree.

    but to your original question:

    Is a Warranty Void if Damage Isn't Visible On the Outside
    Yes. Just because the exterior of the device did not receive any discernible damage does not mean the interior components didn't.
    I am not an attorney and any advice is not to be construed as legal advice. You might even want to ignore my advice. Actually, there are plenty of real attorneys that you might want to ignore as well.

  7. #7
    Join Date
    Jan 2011
    Posts
    10

    Default Re: Is a Warranty Void if Damage Isn't Visible On the Outside

    Next time you purchase anything, I suggest you completely disassemble the product and record the entire unit with photographic evidence of the condition. That way, if you find a problem with the device you now have proof it was that way when you bought it.
    THIS is bordering on juvenile.



    I could use the same argument that a manufacturer of my car is liable for any damages sustained during an accident.
    But of cause you don't expect any damage inside as long as the car body is intact ?



    Just because the exterior of the device did not receive any discernible damage does not mean the interior components didn't.
    Who is responsible? Why me?

  8. #8
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    Mar 2009
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    Key West, FL
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    Default Re: Is a Warranty Void if Damage Isn't Visible On the Outside

    The practical matter is that the warranty does not cover dropping the phone. That is why people pay a few bucks a month for handset protection. Duh.

    I seriously doubt your phone is expensive enough to justify a civil action. I also doubt you can do a product liability or warranty case in small claims and it would not be enough for jurisdiction of a major claim. Also the warranty is likely from the manufacturer, not the seller, so you'd have all sorts of jurisdictional issues too.

    Pay to have your phone fixed and then attach to a cord around you neck. Maybe don't be so cheap and pay for insurance this time.

    PS: Let me also explain, if you have an iPhone or other high end phone, or an iPad Touch for example. Dear Silly Person: They have sensors that detect angle and speed, and the service center knows the exact details of it being dropped.

  9. #9
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    Jan 2006
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    Default Re: Is a Warranty Void if Damage Isn't Visible On the Outside

    =yew;483613]



    Who is responsible? Why me?
    You are because you dropped the phone.
    I am not an attorney and any advice is not to be construed as legal advice. You might even want to ignore my advice. Actually, there are plenty of real attorneys that you might want to ignore as well.

  10. #10
    Join Date
    Jan 2011
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    10

    Default Re: Is a Warranty Void if Damage Isn't Visible On the Outside

    Quote Quoting jk
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    You are because you dropped the phone.
    It's not enough.
    There is no connection between usage and inside damage. A damaged case could be the connection.

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