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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