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[Q] Repair rooted S5

OP potatochip

12th August 2014, 12:39 AM   |  #1  
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I've just had an email from Samsung saying they are refusing to repair my < 6 month old S5 because it is rooted.
The problem it has is the USB cover has come off. My reading of Directive 1999/44/CE article 5;

3. Unless proved otherwise, any lack of conformity which becomes apparent within six months of delivery of the goods shall be presumed to have existed at the time of delivery unless this presumption is incompatible with the nature of the goods or the nature of the lack of conformity.

is that they have to prove that rooting the phone caused the flap to fall off if they want to void my warranty.

Am I correct or are they right in being able to refuse to repair out of hand a physical problem because of a software change?

TBH I can probably repair it with a dab of superglue but they've annoyed me. In the past they've repaired my rooted S3 with a custom ROM. They did reload an official ROM though.
12th August 2014, 07:41 AM   |  #2  
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Quote:
Originally Posted by potatochip

I've just had an email from Samsung saying they are refusing to repair my < 6 month old S5 because it is rooted.
The problem it has is the USB cover has come off. My reading of Directive 1999/44/CE article 5;

3. Unless proved otherwise, any lack of conformity which becomes apparent within six months of delivery of the goods shall be presumed to have existed at the time of delivery unless this presumption is incompatible with the nature of the goods or the nature of the lack of conformity.

is that they have to prove that rooting the phone caused the flap to fall off if they want to void my warranty.

Am I correct or are they right in being able to refuse to repair out of hand a physical problem because of a software change?

TBH I can probably repair it with a dab of superglue but they've annoyed me. In the past they've repaired my rooted S3 with a custom ROM. They did reload an official ROM though.

They are hiding behind their terms of warranty allthough rooting has absolutely nothing to do with a defective usb cover. I would call them again to point out the EU law ie the mentioned Directive again and you are considering taking them to court if they don`t fix this issue.
12th August 2014, 04:13 PM   |  #3  
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You would have been better to pursue warranty through your carrier, rather than with Samsung directly. Most carriers don't care about Knox or rooting. However, as you found Samsung's policy is to deny warranty claims if there is evidence of rooting or the Knox bit is incremented.

EU legislation basically says that they can't arbitrarily deny warranty claims unless they can demonstrate that your rooting caused the defect. In short they are ignoring the directive unless you force the issue. You should prevail if you fight them on this. Do an in depth Google search to find out how others have fought Samsung on this issue, which public organizations can assist you and so forth. If you have insurance or access to low cost legal services, get a lawyer to write Samsung a letter that they are in contravention of EU legislation.

.
12th August 2014, 04:29 PM   |  #4  
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Quote:
Originally Posted by fffft

You would have been better to pursue warranty through your carrier, rather than with Samsung directly. Most carriers don't care about Knox or rooting. However, as you found Samsung's policy is to deny warranty claims if there is evidence of rooting or the Knox bit is incremented.

EU legislation basically says that they can't arbitrarily deny warranty claims unless they can demonstrate that your rooting caused the defect. In short they are ignoring the directive unless you force the issue. You should prevail if you fight them on this. Do an in depth Google search to find out how others have fought Samsung on this issue, which public organizations can assist you and so forth. If you have insurance or access to low cost legal services, get a lawyer to write Samsung a letter that they are in contravention of EU legislation.

.

I tried my carrier (EverythingEverywhere) initially and they told me to go through Samsung direct. TBH I didn't realise it would be an issue as it never has been in the past with my old rooted S3. I'm having fun pursuing this though. I've found the relevant bit of EU Directive 1999/44/CE and have quoted it at them and asked them to be specific as to why it does not apply in this case. They seem to think their warranty agreement trumps the EU law.

As it's less than six months old I shouldn't even have to prove that the rooting didn't cause the problem. I'm unsure how rooting might cause the USB cover to drop off anyway.
12th August 2014, 04:56 PM   |  #5  
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Quote:
Originally Posted by potatochip

I shouldn't even have to prove that the rooting didn't cause the problem. I'm unsure how rooting might cause the USB cover to drop off anyway.


You are approaching this wrong unless you are looking for a new hobby. Samsung is not amenable to logic and reason. They are not going to reply, Oh sorry, we read the directive and clearly you're right, we need to honour your warranty. They know that they are flouting the directive. They also know that they will prevail in most cases because they can wear down most individuals to the point that it's hardly worth pursuing.

Realize that Samsung is following an internal policy to deny your claim. They will only capitulate after you convince them that you are too stubborn to drop the matter. Having a law firm or public agency call their bluff would demonstrate that resolve far more effectively than any half dozen letters you could write yourself. Pursuing it yourself, especially if you appeal to logic rather than strength just portends a slower resolution.

.
12th August 2014, 05:21 PM   |  #6  
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Quote:
Originally Posted by fffft

You are approaching this wrong unless you are looking for a new hobby. Samsung is not amenable to logic and reason. They are not going to reply, Oh sorry, we read the directive and clearly you're right, we need to honour your warranty. They know that they are flouting the directive. They also know that they will prevail in most cases because they can wear down most individuals to the point that it's hardly worth pursuing.

Realize that Samsung is following an internal policy to deny your claim. They will only capitulate after you convince them that you are too stubborn to drop the matter. Having a law firm or public agency call their bluff would demonstrate that resolve far more effectively than any half dozen letters you could write yourself. Pursuing it yourself, especially if you appeal to logic rather than strength just portends a slower resolution.

.

Well I do need a hobby...

If my phone was dead I'd be worried but given that it is actually just missing a flap; and I've survived 16 years of having a mobile without a USB cover, then I don't mind playing along and seeing how far they will go to deny liability.

Once I'm bored of that I guess Trading Standards or the CAB might be able to help. Trading Standards have been helpful to me in the past.

It just pisses me off that they can be such dicks; it's a two minute job to fix the problem and this has never been a problem in the past.
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