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Old August 15th 07, 10:10 PM posted to uk.legal.moderated
The Todal
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Posts: 7,831
Default Warranty claim rejected due to "Liquid Damage" exclusion

Anthony R. Gold wrote:
On Wed, 15 Aug 2007 15:40:05 +0100, The Todal
wrote:

I wonder if the dot turns red if the phone is in a humid room (eg a
bathroom after someone has had a shower) or a humid pocket of a shirt
when someone has been sweating a lot.

If your son is sure that he did not submerge the phone in water or leave
it out in the rain, then I think you should insist on a refund from the
supplier. I'd just buy another one, and claim the purchase cost of the
old one from them by (if necessary, and after a suitable ultimatum)
suing using Money Claim Online.


The warranty exclusion for water damage may not require submersion.


I think a judge would say that if you haven't maltreated the phone by
dropping it in water, or leaving it in the rain, or otherwise subjecting
it to excessive moisture, then the phone is probably faulty and the red
dot proves nothing other than that it has been in humid conditions at
some point.

The bottom line is, these phones cost no more than 199 pounds. Is the
defendant (the vendor of the phone) really going to use solicitors and
engineering experts to defend such a claim, with no chance of getting
any costs back from the claimant? Obviously not. So they will settle
unless they are absolutely convinced that they are being presented with
a fraudulent claim.

 

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