HTC One Mini Cracks in Housing

[lynton2807]

My HTC One Mini has developed some hairline cracks in the white plastic of the housing which I hadn't noticed as the handset is kept in a case. The cracks are on the bottom near the micro usb, on the side and along the white strip above the beats logo. I searched online to see if this was a common issue, and found the following thread.

http://forum.xda-developers.com/showthread.php?t=2423339

However when I visited a store today I was dismissed saying I would be charged for a repair as he hadn't heard of the issue. I was hoping to email Vodafone regarding this, but as I can't find an email address and the Contact form does not allow attachments I thought I would try on here for a response.

[DaveCD]

Hi slumingr

We're happy to take a look in our repair centre and this can be arranged here. The only time this would be covered under the manufacturers warranty is if this is a known fault with the device.

Let us know how you get on.

DaveCD

[lynton2807]

Dave,

I was told when upgrading to this handset that I would be able to get a stand in handset for free whilst mine is away for repair since I am a Voda RED customer. However when I queried this with an online chat operator, I was told that this was not true and I would need to pay £20-30.

What is correct?

The following http://www.vodafone.co.uk/discover-vodafone/benefits/5-star-care/index.htm doesn't mention a charge.

Thanks

[Sukhi]

Hi slumingr

As long as the store have stock, they will be able to provide you a loan phone for free :).

Thanks

Sukhi

[Forum7463]

I have the same fault on my HTC One Mini as you can see here:

Many others are reporting exactly the same fault -- here are a few of them:

http://forum.xda-developers.com/showthread.php?t=2423339&page=3

http://www.gsmarena.com/htc_one_mini-reviews-5505.php
http://crowdsupport.telstra.com.au/t...de/td-p/210105
http://forums.meteor.ie/t5/HTC/HTC-o...ck/td-p/133870

http://www.engadget.com/2013/09/24/h...due-to-casing/
http://www.reuters.com/article/2013/...98N06X20130924

This is ample evidence that there is a genuine manufacturing problem here.

These phones are faulty and not fit for purpose.  As such, they are covered (within six months of purchase) under the Sale of Goods Act 1979.  Vodafone should replace the handsets.  The law also says that the burden of proof in this case is on THE TRADER.  The consumer does not have to prove that the item is faulty, but rather Vodafone has to prove that the item was indeed provided fit for purpose.  This would be very difficult for Vodafone to assert, given the body of evidence above citing exactly the same fault with this handset.

I would urge everyone with this problem to pursue the matter with Vodafone vigorously: do not be fobbed off with any nonsense about it "not being covered under warranty".

[drey_p]

If you read the warranty document carefully, you'll realise that it specifically excludes any cosmetic damage which damage such as that you have photos of, could be classed. If it is a known issue, it's often easier to deal with the manufacturer rather than a third party repair agent such as Vodafone. 

[Forum7463]

Whether this fault is covered under warranty or not, it is covered under consumer Statutory Rights so long as the point is raised within six months of purchase.  Goods which are sold in the UK must be fit for purpose.  Casing materials which begin to degrade and crack within a few months are clearly not fit for purpose.

A consumer's contract is with the 'Trader' who sold the item -- Vodafone in this case.  Regardless of who manufactured the item, it is the Trader's responsibility under law to resolve the problem, so I would always recommend pursuing the problem with them.

[drey_p]

I'm afraid that the Sale of Goods Act doesn't cover this sort of thing as it could be classed as damage caused by the user. Your argument of fit for purpose doesn't quite add up as the phone is still doing what it is supposed to. ...Make calls etc. 

Yes the contract is with the retailer, I wasn't disputing that.  I am saying that it is easier to deal with manufacturer at times

[Forum7463]

Of course, if the damage was caused by the user or wear or tear it wouldn't be covered under the Sale of Goods Act.  But a manufacturing fault such as this is covered.  (Whether or not it 'looks' like wear or tear is irrelevant if it isn't.)  Note that the burden of proof is on the Trader within the six month period, so there is no need for the Consumer to prove the damage is not wear and tear (the Trader would have to prove that it is).

'Fit for purpose' has a broad meaning which would certainly cover the phone casing materials maintaining their integrity.

[Retired-Simon]

Hi everyone

The only way that this would be confirmed as a manufacturing fault is to send your phones away for repair. As with any other manufacturer defects, we would send the phone away for repair first before it would be replaced.

If the repair agent determines that this has been caused by other means and not a manufacturing defect, the repair would then be charged for or returned unrepaired depending on your decision.

Thanks

Simon