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HTC WARRANTY & VODAFONE WHEN ROOTING THE LAW

paul2550
4: Newbie
Does rooting your device (e.g. an Android phone) and replacing its operating system with something else void your statutory warranty, if you are a consumer? In short: No. Just the fact that you modified or changed the software of your device, is not a sufficient reason to void your statutory warranty. As long as you have bought the device as a consumer in the European Union. A bit longer: Directive 1999/44/CE dictates 1 that any object meeting certain criteria (incl. telephones, computers, routers etc.) that is sold to a consumer 2 inside the European Union, has to carry a warranty from the seller that the device will meet the quality that you would expect for such a device for a period of 2 years. A telephone is an example of such a device and is an object that comprises many parts, from the case to the screen to the radio, to a mini-computer, to the battery, to the software that runs it. If any of these parts 3 stop working in those 2 years, the seller has to fix or replace them. What is more these repairs should not cost the consumer a single cent – the seller has to cover the expenses (Directive 1999/44/CE, §3). If the seller has any expenses for returning it to the manufacturer, this is not your problem as a consumer. If your device becomes defective in the first 6 months, it is presumed that the defect was there all along, so you should not need to prove anything. If your device becomes defective after the first 6 months, but before 2 years run out, you are still covered. The difference is only that if the defect arises now, the seller can claim that the defect was caused by some action that was triggered by non-normal use of the device. 4 But in order to avoid needing to repair or replace your device, the seller has to prove that your action caused 5 the defect. It is generally recognised by courts that unless there is a sign of abuse of the device, the defect is there because the device was faulty from the beginning. That is just common sense, after all. So, we finally come to the question of rooting, flashing and changing the software. Unless the seller can prove that modifying the software, rooting your device or flashing it with some other OS or firmware was the cause for the defect, you are still covered for defects during those 2 years. A good test to see if it is the software’s fault is to flash it back with stock firmware/OS and see if the problem persists. If it does, it is not a software-caused problem. If it is not possible to revert it stock software any more, it is also not a software-caused defect. There are very few hardware defects that are caused by software – e.g. overriding the speaker volume above the safe level could blow the speaker. Many manufacturers of consumer devices write into their warranties a paragraph that by changing the software or “rooting” your device, you void the warranty. You have to understand that in EU we have a “statutory warranty”, which is compulsory that the seller must offer by law (Directive 1999/44/CE, §7.1) and a “voluntary warranty” which the seller or manufacturer can, but does not need to, offer as an additional service to the consumer. Usually the “voluntary warranty” covers a longer period of time or additional accidents not covered by law 6. If though the seller, the manufacturer or anyone else offers a “voluntary warranty”, he is bound to it as well! So, even if, by any chance your “voluntary warranty” got voided, by European law, you should still have the 2 year “compulsory warranty” as it is described in the Directive and which is the topic of this article. In case the seller refuses your right to repair or replace the device, you can sue him in a civil litigation and can report the incident to the national authority. In many European countries such action does not even require hiring a lawyer and is most of the time ensured by consumers associations. The warranty under this Directive is only applicable inside the European Union and only if you bought the device as a consumer. hook out → I hope this encourages many of you to go and flash your devices with something Free! ☺ EU member states must have by now imported the Directive 1999/44/CE into their national laws. So you should quote also your local law on that topic. ↩ A consumer is a natural person who acts for their own private purposes and not as a professional. ↩ Batteries can be exempt of this and usually hold only 6 months warranty. ↩ E.g. a defect power button could be caused by spreading marmalade in it or hooking it onto a robot that would continuously press the button every second 24/7 – of course that is not normal or intended use. ↩ Note that correlation is not causation – the defect has to be proven to be caused by your action, not just correlate with it. ↩ E.g. if a device manufacturer guarantees the phone is water- and shock-proof or a car manufacturer offers 7 years of warranty against rust. ↩
13 REPLIES 13

thesoupdragon
17: Community Champion
17: Community Champion

When you buy a device it comes with a Warranty and Warranty conditions. When you buy the device you are automatically agreeing to those Warranty conditions.

So if a Manufacturer states in their Warranty that changing the Firmware or Rooting will void the Warranty, you have agreed to those terms.

That has always been my understanding but I am happy to be proved wrong.

You write an interesting post but it is certainly no guarantee that Vodafone or a Manufacturer will back down and repair a device without a Courts intervention.

 

:smileyhappy:

Hi It has been tested in law and it is the statutory warranty that matters not the one they add on. So having just asked my legal eagle again it is spot on. You may have a problem if you overclock and burn the cpu for example,but i dont think any one would try and challenge that. So its the warranty they give which you void Not the statutory warranty. Hence the this does not effect your statutory rights statement.

jeffkinn
17: Community Champion
17: Community Champion

That isn't the view that either networks or manufacturers take and I suspect their legal eagles cost a lot more than yours. Usually what seems to be right isn't how the law works. 

Jeffkinn_Sig.png

They are not bigger than EU law.  There view is just that  a view. The law is the law.Check sale of goods act and fit for purpose. So you are saying if touch screen stops working and you are rooted the warranty is void. I can tell you for 100% that they have to replace it. If you brick trying to root then no they do not have an obligation. Alot of people should know more about the sale of goods act. There legal teams are no better than any others. If they were that good why did they lose a case not so long ago. Google it and you will see. Sorry but this info is 100% correct. Read the sale of goods act and it is there in black and white. They can not change the statute law on warranty for sale of goods act. They can there own warranty they add on but in all honesty you dont need that one. The sale of goods one is all you need. FACT 

https://fsfe.org/news/2012/news-20121106-01.en.html

jeffkinn
17: Community Champion
17: Community Champion
The first thing to realise is that the Sale of Goods Act doesn't apply to phones supplied with phone contracts. It's the Sale of Goods and Services. You can say whatever you want but the networks and handset manufacturers are not going to change their policy. Apple is still only giving a 12 month warranty. That Web-site proves nothing and will change nothing. Personally I agree with you and more. For instance networks shouldn't be able to lock phones or make you have software that you don't want but that isn't the way the world works. In the real world rooting does void the warranty and there's nothing you can do about it.

Jeffkinn_Sig.png

GojuSuzi
16: Advanced member
16: Advanced member
You keep saying "the sale of goods act", but I presume since you understand the law that you know this act does NOT apply to mobiles provided under contract, and you mean to cite " the supply of goods & services act", which has some small but important differences.

I am afraid it does its called fit for purpose.  A case already won on it.  Unlocking and rooting will not cause your button to drop out or touch screen to not work etc.  That is why HTC have worded it the way they have.  MAY void

. They would lose in court.  As I say case already won Google it and you shall see.  Can anybody show me the so called law on contract mobile phones that your statutory rights do not apply.  I will wait a nd comment then when I see that statement.  Please post a link saying it does not apply.  

 

My link that sale of goods and fit for purpose http://www.thisismoney.co.uk/money/bills/article-2057937/Your-rights-mobile-phone-breaks-contract.ht...

Please lets see anything that states otherwise in the EU 

jeffkinn
17: Community Champion
17: Community Champion
Was this a UK case? All networks have the same policy. Knock yourself out repeating the same thing. It won't make any difference. Rooting does void the warranty.

Jeffkinn_Sig.png

Yes uk case please post were they can override EU warranty law or knock yourself out looking nothing at all I can find that will override it I am afraid.  So again please post proof THANKS