My question is in regards XXXXX XXXXX consumer protection act. I have a cellphone contract with nashua mobile. My phone stopped working due to hardware malfunction. They refuse to supply me with a new phone as they say I don't have insurance on the phone. But as far as I know if it's a phone or hardware issue they need to supply you with a new phone, the insurance is there if something happens to the phone due to your own negligence. Can I assist on a new phone or that they remove the charge for the phone, as I don't see why I should be paying for something that's not working.
I spoke to Nashua Mobile myself to try and sort this out but they were not very helpfull.
Good day. This is an info request to assist you better. Please continue on this thread.When did you get this phone?
May last year
Is there a guarantee on the phone, as cellphone companies normally give a two year guarantee or warranty?
I'm not sure, but surely if the contract is for 2 years there should be a warranty or guarantee on the hardware of the phone, this is standard with all electronic devices....
1. As far as I know, the manufacturer (Nokia, Samsung etc) normally guarantee the phone for the first year and then the Service Provider (Vodacom, MTN etc) for the second, however, it is a limited warranty in that they either replace the phone with a refurbished phone if they cannot repair it. You are quite right, the guarantee does not apply in an instance of user abuse. Unfortunately, it is not a sure thing that the phone has been covered by such a guarantee and you should check with your service provider. As far as I know, this is normally included in the contract, but I cannot say for certain that this is the case with you. It is not something that is required by law. It is something that the service providers normally supply out of their own accord.2. There is, unfortunately, no obligation on the supplier to replace your hardware unless it is in the contract. The Consumer Protection Act does give you an option of replace, refund or repair, however, in terms of section 56, that is only applicable in the first six months. You are, unfortunately, outside of that warranty period. This, also, does not operate where there is user abuse.3. So, unfortunately, you would not be able to insist on a new or replacement phone, unless there is a guarantee and it is applicable for your particular problem. I know that this is probably not what you wanted to hear, however, it is the law.
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L.LB, Civil and criminal litigation, contracts, labour and family law
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