Sony Xperia Z3 cracked screen

[coficymro]

Yesterday morning (16th June) my Sony Xperia Z3 screen inexplicably shattered whilst in the front pocket of my jeans, and as a result, the touch screen no longer works. There was nothing else in my pocket, nor did the phone receive any trauma that could account for the damage to the screen. As you can imagine I was confused and extremely disappointed, as I only purchased the phone at the end of January, and it is now useless. I used Vodafone's live chat service, and spoke to an adviser named Pradeep. I asked him if any other customers had reported similar problems. He stated that Vodafone had received no similar complaints regarding the Z3 cracking, and he suggested that I contact Sony directly, as the phone would still be under warranty.

Last night, I went on-line to see if any other users had experienced the issue. I was surprised to find that this is actually quite a common problem with the Sony Xperia Z3 handset:

http://forum.xda-developers.com/z3-compact/general/sony-xperia-z3-z3-compact-glass-survey-t2900149/p...

http://conversation.which.co.uk/technology/sony-xperia-z-cracking-phone-screen-replacement-repair-wa...

https://www.facebook.com/pages/Xperia-Z-Cracked-Screens/370754419718137

Also, it has been a widely reported issue with previous Xperia models, and was featured on the BBC's Watchdog programme:

https://www.youtube.com/watch?v=CnDZe9KEWyY

Seeing as I purchased the phone less than 6 months ago, am I correct in believing that the handset is covered under the Sales of Goods and Services Act 1982? This states that goods are faulty if they're not of satisfactory quality, as described, fit for purpose and last a reasonable length of time. I think that my case fulfils this definition of faulty. The handset was clearly not of satisfactory quality nor fit for purpose due to the completely random nature of these cracks, a fault that is clearly unreasonable. It has also not lasted a reasonable length of time, as I'm only 5 months into a 24 month contract, and am now without a working phone. The act also states that within the first 6 months, it is up to the retailer to prove the item wasn't faulty when the transaction took place.

Ideally, I would prefer to change this for another model, as I have lost complete faith in the handset after researching the cracking issue that myself and other users have experienced. However, if this is not possible, would it be possible to either replace or repair the handset please? Unfortunately, my nearest vodafone store is a couple of hours away, therefore I can't take it in so my only option is to send it away.

[hrym · Accepted solution]

As a third party repairer, Vodafone aren't allowed by any of the manufacturers to carry out a warranty repair if there's any evidence of damage, even if it's apparently spontaneous like this.   Go direct to Sony as they can take a more pragmatic approach.  If it is indeed a known issue, they may be sympathetic, although it'll always be hard to prove that you haven't stressed the phone in some way.

[cooperi]

Having not seen this post until too late I have already sent my Sony Xperia Z3 compact to Vodafone for repair - the lady in the shop said I would be contacted before they would do the repair if I was to be charged and I've not had any contact, the phone has been sent back to the shop and I'm looking to pick it up today.

The screen shattered while it was left on the dining room table, no sign of any visible damage on the phone edge, screen protector, anything, only points to internal source of damage. Phone purchased 1st Jan, failed 22 June.

The lady in the vodafone shop did record "I cant seen any sign of damage" but had to put it through as a "out of warranty, chargable" incident for some reason. Will have to discuss the law in the uk if they do try and charge for it...

[drey_p]

---

@cooperi wrote:

Will have to discuss the law in the uk if they do try and charge for it...

---

I'm afraid that the UK law doesn't cover physical damage to your device, neither does your warranty for that matter.

Try and look at it from Vodafone's perspective for just a moment.  Your screen is damaged and you are claiming that it shattered all by itself.  Does that sound possible?  To most people that would sound highly improbable, so it would be up to you to prove that you didn't physically damage the device.

Your best bet is to follow the advice given in this thread - take your phone to the manufacturer and get them to look at it as they have a lot more discretion.  If it is a known issue, they will repair it for you. 

[cooperi]

I have to say I was plesantly surprised - I received my phone back with a shiny new screen and no bill! At leaset the assurance from the vodafone store staff that as I hadn't been rung up with a price for the repair I wouldn't get charged - will have to wait till my next monthly bill to say for sure I guess. After a few recent experiences of very poor customer service from Vodafone I am pleased this incident seems to have worked out well.

Having read the sale of goods and services act the burden of proof is on the seller not the consumer purchaser, although with a physical damage in most cases it is fairly obvious that it is caused by the consumer.

[drey_p]

---

@cooperi wrote:

Having read the sale of goods and services act the burden of proof is on the seller not the consumer purchaser, although with a physical damage in most cases it is fairly obvious that it is caused by the consumer.

---

Yes, the burden of proof is on the retailer, but only for a faulty device.  If it is physically damaged, you would have to prove that the damage was caused by an inherent fault. 

Either way, your phone is fixed which is a positive outcome for you! 🙂

[jeffkinn]

The Sale of Goods Act doesn't apply to mobile phone contracts.

It's the Sale of Goods and Services Act.