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  1. #1
    Join Date
    Mar 2015
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    7

    Default Phone Company Won't Honor Their Product Warranty

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

    Hello,
    I have a OnePlusOne phone, OnePlus.net is the manufacture.

    My phone has not been abused and has not suffered water damage but is displaying defects with the touch screen. When the phone warms up under normal use the touch screen works intermittently.

    I consulted the manufacture for a RMA. The manufacture (1+) asked that I first run a software patch on my phone. I had done so, and this did not resolve my matter.

    After reporting my results back 1+ asked that I take photos of my phone, as well remove the back cover and take photos of the battery/serial number. I did take very thorough photos of the phone, excluding photos of the battery. I was not able to get the back removed through normal means. I explained to 1+ that I did try but was uncomfortable attempting to remove the back cover on my phone. The back cover on my phone does not have any normal means to remove it such as you would see on a Samsung Galaxy. You can see pictures here: http://vpben.byethost8.com/lock/

    1+ responded stating that they would not be able to help any further without me first removing the back cover and taking photos. Knowing I was getting no where with this company I tried once more. In doing so I slightly skewed the back casing; nothing serious but enough to be noticed in a photograph. I did record the entire incident as well. Again, I wrote back to 1+ explaining their instructions has caused minor damage to my phone and that I would like to submit for a refund and return their phone entirely.

    The company is refusing to help me without first taking pictures of my battery. I cannot seem to remove the back with my fingernails, a debit card, or a very thin flat head screw driver.

    I want to file a claim and get my money back. In your opinions, do I have a case? If so, how would I go about following up on this without paying a lawyer? Can I also receive compensation for time loss from work or general inconvenience?

    Thanks

  2. #2
    Join Date
    Jan 2006
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    38,714

    Default Re: Phone Company Won't Honor Warranty, What Are My Options

    Additional losses: not a chance


    did you purchase your phone online?


    to opening it; Google

    oneplusone phone opening back cover. You get myriad hits showing and desfribingb how to open the back cover

  3. #3
    Join Date
    Mar 2013
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    17,043

    Default Re: Phone Company Won't Honor Warranty, What Are My Options

    Quote Quoting vbizel
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    Thanks
    Depends.

    What, exactly, does your written warranty require you to do to get it replaced?

    Quote Quoting vbizel
    View Post

    If so, how would I go about following up on this without paying a lawyer?
    Small claims court.

    Quote Quoting vbizel
    View Post

    Can I also receive compensation for time loss from work or general inconvenience?
    No.

  4. #4
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    Mar 2015
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    7

    Default Re: Phone Company Won't Honor Warranty, What Are My Options

    Quote Quoting adjusterjack
    View Post
    Depends.

    What, exactly, does your written warranty require you to do to get it replaced?



    Small claims court.



    No.
    Copied from the warranty page.

    "OnePlus phones purchased on oneplus.net come with a limited warranty of 1 year starting from the date of delivery. Unless otherwise specified, this warranty covers the hardware components of the Product as originally supplied and does not cover, or partially covers software, consumable items, or accessories even if packaged or sold together with the Product.

    The limited warranty only covers product defects caused by workmanship or build materials. To make a claim, present your original Proof of Purchase (invoice), model and serial number of the product, and photo evidence of the product’s defects to OnePlus Customer Service at support.oneplus.net.

    Any repair and replacement service covered by warranty, along with shipping and handling, will be free within the first 1-year period."


    You can't really provide photo evidence of a touch screen issue but I did provide video proof. I also provided them with the model and serial by viewing the settings. I also provided my invoice. They want a photograph of the serial number, which can only be physically seen by removing the back. If I could remove the back plate I would. I have made a very reasonable attempt which resulted in damage to my casing; I recorded my efforts. I do not own any special tools and as mentioned the back is not designed with any latches to remove it with.

  5. #5
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    Mar 2013
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    Default Re: Phone Company Won't Honor Warranty, What Are My Options

    Based on the warranty I tend to agree that a photo of the screen showing the serial number should be enough.

    However, how far do you want to go with this to make the point?

    Consider taking your phone to one of those phone repair shops and see if they have the tool to open the back.

    Or go on Amazon or eBay where you can buy the tool for a few bucks.

    If your next question is "Why should I have to do that?" The answer is self preservation and common sense, or would you rather spend the time and money on small claims court and maybe not have a working phone for a few months and still end up having to properly identify it?

    The other alternative is ship the phone back to the company for them to service.

  6. #6
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    Mar 2015
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    Default Re: Phone Company Won't Honor Warranty, What Are My Options

    Quote Quoting adjusterjack
    View Post
    Based on the warranty I tend to agree that a photo of the screen showing the serial number should be enough.

    However, how far do you want to go with this to make the point?

    Consider taking your phone to one of those phone repair shops and see if they have the tool to open the back.

    Or go on Amazon or eBay where you can buy the tool for a few bucks.

    If your next question is "Why should I have to do that?" The answer is self preservation and common sense, or would you rather spend the time and money on small claims court and maybe not have a working phone for a few months and still end up having to properly identify it?

    The other alternative is ship the phone back to the company for them to service.
    The company won't take the phone back until I can peel the back off. I attempted per their instructions, following their video precisely and this happened https://forums.oneplus.net/attachmen...mg-jpg.279108/

    If resolving the problem were as simple as removing the back I would happily find a means. But the hardware defect is in the screen which is behind layers of hardware and glue. I don't have the tool or confidence to repair my own device in that depth.

    Wouldn't they automatically lose the case if they don't show for court anyway?

  7. #7
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    Default Re: Phone Company Won't Honor Warranty, What Are My Options

    Quote Quoting vbizel
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    Wouldn't they automatically lose the case if they don't show for court anyway?
    Sure. You'd be entitled to a default judgment.

    But then what?

    If they ignore the lawsuit, they'd probably ignore the judgment and you'd have a hell of time trying to collect.

    Besides, you need an amount to sue for in small claims court so you'll have to go to a repair shop anyway and get an estimate so you might as well do that and have them open the back for you.

    Oh, I couldn't see that photo. Says I had to be logged on to see it.

    What's the brand and model of the phone?

  8. #8
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    Mar 2015
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    7

    Default Re: Phone Company Won't Honor Warranty, What Are My Options

    Quote Quoting adjusterjack
    View Post
    Sure. You'd be entitled to a default judgment.

    But then what?

    If they ignore the lawsuit, they'd probably ignore the judgment and you'd have a hell of time trying to collect.

    Besides, you need an amount to sue for in small claims court so you'll have to go to a repair shop anyway and get an estimate so you might as well do that and have them open the back for you.

    Oh, I couldn't see that photo. Says I had to be logged on to see it.

    What's the brand and model of the phone?
    OnePlusOne 64GB is the model. The makers are OnePlus (oneplus.net).

    Didn't Apple face a class action lawsuit for not honoring warranties at some point? It's not just me that they're doing this to. There are hundreds of users with this problem.


    This damage occurred while trying to remove the back of my phone under their instructions. After, I expressed that I couldn't get it off easily and I was uncomfortable tampering with the casing of the device. http://vpben.byethost8.com/lock/1pdmg.jpg

    Damage to the back cover aside, it shows I tried to remove the back but could not. And thus they will not honor the warranty. They won't even look at it. If I'm so sure it's under warranty why won't they at least take it and pry the back themselves? This company is definitely avoiding the warranty.

  9. #9
    Join Date
    Jan 2006
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    38,714

    Default Re: Phone Company Won't Honor Warranty, What Are My Options

    seriously, the guy in this video used his fingernail to detach the back cover. No special tools but those that God gave him.


  10. #10
    Join Date
    Mar 2015
    Posts
    7

    Default Re: Phone Company Won't Honor Warranty, What Are My Options

    Jk, please remove yourself from this conversation.

    A. This is not about how to get the cover off.

    B. That phone has already been opened several times, and it's a demo video. Obviously it's going to come right off.

    C. Every device is different and I've already tried with and without standard tools, it won't budge.

    D. Again, this is about them not honoring the warranty when I have met all printed terms.

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