HTC WARRANTY & VODAFONE WHEN ROOTING THE LAW

[paul2550]

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. ↩

[paul2550]

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 also had mine repaired s off and rooted nothing said! 

PS GOOGLE IS YOUR FRIEND SEEK AND YOU SHALL FIND 

[paul2550]

HTC OWN WARRANTY NOTE THAT IN RED 

English LIMITED WARRANTY STATEMENT This limited warranty shall apply to the HTC product (the “Product”). HTC warrants that the product is at the time of its original purchase free of defects in materials and workmanship (“Limited Warranty”). THIS LIMITED WARRANTY DOES NOT AFFECT YOUR STATUTORY RIGHTS. This Limited Warranty is subject to the following terms and conditions: 1. This Limited Warranty is given only to the original purchaser of the Product (“Customer”). This Limited Warranty may, however, be transferred to any individual to whom the Product is sold, where HTC has consented in writing to the transfer (and HTC will not unreasonably refuse consent). It shall neither exclude nor limit a) any statutory rights of the Customer or b) any of the Customer’s rights against the seller/dealer of the Product. 2. This Limited Warranty shall last for twenty-four (24) months from the date of original purchase for mobile devices, and twelve (12) months for accessories (whether included in the mobile device sales package or sold separately) other than the media on which any software is provided, CD-ROM, memory card (“Warranty Period”). Customer shall present the PROOF OF PURCHASE upon claiming this Limited Warranty. This Limited Warranty is only valid and enforceable in the countries where the Product is sold. However, if you have purchased the Product in a member state of European Union, Iceland, Norway, Switzerland or Turkey and HTC originally intended the Product for sale in one of these countries, this Limited Warranty is valid and enforceable in all of these above listed countries. Moreover, if Product is purchased in places other than those stated above, HTC attempts to repair such Product but can not guarantee the outcome. Warranty service availability and response times may vary from country to country and may also be subject to a registration requirement in the country of purchase. 3. Throughout the Warranty Period HTC or its authorized agent will, at their discretion, without charge and subject to Clause 7 repair or replace a defective Product. Repair or replacement may involve the use of functionally equivalent reconditioned unit. HTC will return the repaired Product or replaced with another functional equivalent Product to the Customer in good working condition. All replaced faulty parts or components will become the property of HTC. 4. This Limited Warranty applies only to the hardware components of the Product as originally supplied and does not apply to any software or other equipment. 5. If HTC repairs or replaces the Product, the repaired or replaced Product shall continue to be warranted for the remaining time of the original Warranty Period or for three (3) months from the date of repair or replacement, whichever is longer. 6. Before returning any unit for service, be sure to back up data and remove any confidential, proprietary, or personal information from the Product. HTC is not responsible for the damage to or loss of any programs, data, or removable storage media where you do not back-up your data. 7. THIS LIMITED WARRANTY SHALL NOT APPLY IF THE DEFECT WAS CAUSED THROUGH ANY OF THE FOLLOWING: a) the Product serial number, the accessory date code the IMEI number, water indicator or the warranty seal has been removed, erased, defaced, altered or is illegible; or b) deterioration of the Product due to normal wear and tear; or c) use other than in accordance with the user manual, rough handling, exposure to moisture, dampness or extreme thermal or environmental conditions or a rapid change in such conditions, corrosion, oxidation, unauthorized modifications or connections, unauthorized opening or repair, repair by use of unauthorized spare parts, accidents, forces of nature, or other actions beyond the reasonable control of HTC (including but not limited to deficiencies in consumable parts) unless the defect was caused directly by defects in materials or workmanship. This Limited Warranty does not cover physical damage to the surface of the Product including but not limited to cracks or scratches on the LCD screen or camera lens; or d) the defects caused by the fact that the battery has been short-circuited or by the fact that the seals of the battery enclosure or the cells are broken or show evidence of tampering or by the fact that the battery has been used in equipment other than those for which it has been specified; or e) the defect was caused by a defective function of the cellular network or other system; or f) the Product software needs to be upgraded due to changes in cellular network parameters; or g) the defect was caused by the fact that the Product was used with or connected to an accessory not approved or provided by HTC or used in other than its intended use and where it can be shown by HTC that such defect is not the fault of the Product itself. 8. Your Product may contain country specify elements, including software, If the Product has been re-exported from its original destination country to another country, the Product may contain country specific elements that are not considered to be a defect under this Limited Warranty. ANY CLAIM UNDER THIS LIMITED WARRANTY IS SUBJECT TO YOU NOTIFYING HTC OR A HTC AUTHORIZED SERVICE AGENT OF THE ALLEGED DEFECT WITHIN A REASONABLE TIME OF IT HAVING COME TO YOUR ATTENTION AND IN ANY EVENT NO LATER THAN BEFORE THE EXPIRY OF THE WARRANTY PERIOD. 9. In the event of Product failure, the Customer should take the following actions: a) Refer to the user manual in order to identify and possibly correct the problem. b) If the problem cannot be resolved by reference to the user manual the Customer should then contact the dealer where such Product was purchased or visit your local HTC website, or HTC service center or www.htc.com for further information. c) Before the Customer contacts HTC service agent, please ensure the following information is at hand: • The model and serial number, IMEI number of the Product. • The Customer’s full address and contact information. • A copy of the Customers original invoice, receipt or bill of sale of the purchase of the Product. HTC will provide the Customer with instructions regarding how and when the defective Product should be returned. HTC will pay costs in connection with both the return of the defective product to HTC and the repaired Product back to the Customer if the Defective Product is within the Warranty Period. 10. THIS LIMITED WARRANTY STATES THE ENTIRE WARRANTY GIVEN BY HTC TO THE CUSTOMER. IN NO EVENT SHALL HTC BE LIABLE UNDER THIS LIMITED WARRANTY FOR LOSS OF PROFIT, LOSS OF ANTICIPATED SAVINGS, LOSS OF DATA, LOSS OF USE OF THE PRODUCT OR ANY ASSOCIATED EQUIPMENT, OR INDIRECT, INCIDENTAL OR CONSEQUENTAL LOSSES OR DAMAGES OF ANY NATURE WHATSOEVERTO THE FULLEST EXTENT THAT THOSE LOSSES OR DAMAGES CAN BE DISCLAIMED BY LAW. IN ANY CASE HTC AND ITS SUPPLIERS ENTIRE LIABILITY UNDER ANY PROVISION OF THIS LIMITED WARRANTY SHALL BE LIMITED TO THE AMOUNT ACTUALLY PAID BY THE CUSTOMER FOR THE HARDWARE. HTC does not exclude or limit liability for personal injury or death resulting from its own negligence, for defects in the Product arising out of its or its manufacturers’ negligence. THE LAWS OF CERTAIN COUNTRIES MAY STATE THAT THE MANUFACTURER MAY NOT EXCLUDE OR LIMIT ASPECTS OF ITS LIABILITY TO THE CONSUMER. WHERE THAT IS THE CASE, THE EXCLUSIONS AND LIMITATIONS OF LIABILITY IN THIS LIMITED WARRANTY WILL NOT APPLY. This warranty gives the Customer specific legal rights; the Customer may also have other rights, which may vary from country to country. This limited warranty does not affect the Customers statutory rights in law specific to the country of purchase, such rights remain protected. This Limited Warranty will be updated by HTC from time to time. Please visit your local HTC website to obtain the latest version of the Limited Warranty for the Product. For more information and to contact support, please refer to HTC webpage at: http://www.htc.com

[dlorde]

It's certainly true in the UK that the manufacturer's or retailer's warranty conditions don't affect your statutory rights, so while rooting may invalidate VFs warranty conditions, it doesn't affect your statutory right to a product of serviceable hardware quality and function.

It seems to me this is no different in principle from buying a computer with Windows pre-installed and a warranty for software and hardware. If you install Unix on it in place of Windows, it might invalidate the warranty, but you'd still be entitled to a statutory refund or replacement if it fails due to a manufacturing defect.

Usually, quoting the relevant section of the Act and demonstrating that it applies to the problem, will prompt negotiation, but if not, to get satisfaction under your statutory rights, you might have to go to court...

[hrym]

"This Limited Warranty applies only to the hardware components of the Product as originally supplied and does not apply to any software or other equipment."

That's interesting wording, although I'd expect a hardware manufacturer not to guarantee any software, including the operating system.  Afaik, pc manufactuers provide a hardware-only warranty and would normally only restore a device back to its as-supplied state.

Because rooting provides access to areas of the device that are normally kept hidden from users, I wouldn't be surprised if warranties are written in a way that allows a manufacturer to refuse a warranty repair on a rooted device.  Whether they would take the pragmatic approach they do to minor damage isn't, as far as I'm aware, known.  You could ask HTC for a statement, but I'd be prepared to bet that they just refer you to the wording of the warranty as it is, "unauthorised modification" being the operative phrase.