Sellers often try that, because they know that most people will just give up instead of fighting for their rights.Just got a reply from amazon germany:
"Durch das Flashen haben Sie die Mangelhaftungsgarantie für Ihre Smartphone (''Samsung Galaxy S III i9300 Smartphone 16 GB (12,2 cm (4,8 Zoll) HD Super-AMOLED-Touchscreen, 8 Megapixel Kamera, Android OS) metallic-blue'') leider verloren. Daher ist in diesem Fall leider keine Nacherfüllung über Amazon.de mehr möglich."
translated by google:
"By flashing you have the defect liability warranty for your Smartphone ('' Samsung i9300 Galaxy S III Smartphone 16GB (12,2 cm (4.8 inch) HD Super AMOLED touchscreen, 8 megapixel camera, Android OS) metallic blue '') unfortunately lost. Therefore no subsequent performance on Amazon.de more is unfortunately possible in this case."
My 20 month old S3 has the EMMC bug (type VTU00M, FwRev 0xf1) and is flashed with CM 11.
What can I do here?
And how about S-off and S-on on the HTC, Samsung's KNOX flash counter, Motorola's bootloader unlock, etc. etc.??
With these ''security checks'' from manufacturers they actually CAN prove that a defect is users fault...
Will they then still provide you the warranty?? I think answer is NO
In Slovenia mentioning this directive didn't help. They said rooting cancels your warranty and my phone had a faulty screen (they said screen is detaching from the phone so nothing software could do and i had stock rom 5.01 on my note 4) ...
Official answer from Motorola:I was sent here by TycerX, I had started my own thread on my current progress with Motorola Support as they have invalidated my warranty when I sent mine back because of the wretched "Green Line" screen issue.
Just wanted to know if anyone successfully changed an OEM's decision after spouting this EU directive?
I'm currently trying to do this by complaining to Motorola via resolver.co.uk and mentioned this directive and how modifying the software has nothing to do with a wide-spread recognised screen issue.
So much for that 4 year screen warranty / indestructible screen B.S. Motorola were spewing all over their adverts. NEVER listen to adverts!
To sum up and clarify:
Unlocking the bootloader will show your warranty as void.
However, if an unrelated physical material failure should occur, such as a bad volume rocker or a failed speaker, it will be covered if the phone shows no signs of physical abuse. The key is that the problem can’t be traced to software or abuse…
The above guidelines are applicable in the US only. Policies differ by region/country.
- FSFE Legal team has analysed this issue and the answer, if the consumer bought it inside the EU, is no.
- The consumer does not loose the obligatory 2-year warranty on the device just because the device is flashed.
- "A good test to see if it is the software’s fault is to flash it back with stock firmware/OS and see if the problem persists. If it does, it is not a software-caused problem. If it is not possible to revert it to stock software any more, it is also not a software-caused defect. There are very few hardware defects that are caused by software".
Directive 1999/44/CE dictates1 that any object meeting certain criteria (incl. telephones, computers, routers etc.) that is sold to a consumer2. inside the European Union, has to carry a warranty from the seller that the device will meet the quality that you would expect for such a device for a period of 2 years.
A telephone is an example of such a device and is an object that comprises many parts, from the case to the screen to the radio, to a mini-computer, to the battery, to the software that runs it. If any of these parts3 stop working in those 2 years, the seller has to fix or replace them. What is more these repairs should not cost the consumer a single cent — the seller has to cover the expenses (Directive 1999/44/CE, §3). If the seller has any expenses for returning it to the manufacturer, this is not your problem as a consumer.
If your device becomes defective in the first 6 months, it is presumed that the defect was there all along, so you should not need to prove anything.
If your device becomes defective after the first 6 months, but before 2 years run out, you are still covered. The difference is only that if the defect arises now, the seller can claim that the defect was caused by some action that was triggered by non-normal use of the device4. But in order to avoid needing to repair or replace your device, the seller has to prove that your action caused5 the defect. It is generally recognised by courts that unless there is a sign of abuse of the device, the defect is there because the device was faulty from the beginning. That is just common sense, after all.
So, we finally come to the question of rooting, flashing and changing the software. Unless the seller can prove that modifying the software, rooting your device or flashing it with some other OS or firmware was the cause for the defect, you are still covered for defects during those 2 years. A good test to see if it is the software’s fault is to flash it back with stock firmware/OS and see if the problem persists. If it does, it is not a software-caused problem. If it is not possible to revert it stock software any more, it is also not a software-caused defect. There are very few hardware defects that are caused by software — e.g. overriding the speaker volume above the safe level could blow the speaker.
Many manufacturers of consumer devices write into their warranties a paragraph that by changing the software or “rooting” your device, you void the warranty. You have to understand that in EU we have a “statutory warranty”, which is compulsory that the seller must offer by law (Directive 1999/44/CE, §7.1) and a “voluntary warranty” which the seller or manufacturer can, but does not need to, offer as an additional service to the consumer. Usually the “voluntary warranty” covers a longer period of time or additional accidents not covered by law6. If though the seller, the manufacturer or anyone else offers a “voluntary warranty”, he is bound to it as well!
So, even if, by any chance your “voluntary warranty” got voided, by European law, you should still have the 2 year “compulsory warranty” as it is described in the Directive and which is the topic of this article.
In case the seller refuses your right to repair or replace the device, you can sue him in a civil litigation and can report the incident to the national authority. In many European countries such action does not even require hiring a lawyer and is most of the time ensured by consumers associations.
The warranty under this Directive is only applicable inside the European Union and only if you bought the device as a consumer.
[1] EU member states must have by now imported the Directive 1999/44/CE into their national laws. So you should quote also your local law on that topic.
[2] A consumer is a natural person who acts for their own private purposes and not as a professional. .
[3] Batteries can be exempt of this and usually hold only 6 months warranty.
[4] E.g. a defect power button could be caused by spreading marmalade in it or hooking it onto a robot that would continuously press the button every second 24/7 — of course that is not normal or intended use.
[5] Note that correlation is not causation — the defect has to be proven to be caused by your action, not just correlate with it.
[6] E.g. if a device manufacturer guarantees the phone is water- and shock-proof or a car manufacturer offers 7 years of warranty against rust.
In most parts of the world such clauses were ruled invalid a long time ago."Running any software on the device that we don't approve voids your warrenty." (And I'm pretty sure that will include rooting software)
You are wrong. That's only true for a certain amount of time after which the manufacturer is held responsible.The OP ist not entirely correct.
You can only claim the compulsory warranty from the seller you bought the phone at.
Bullsh*t!The manufacturer on the other hand still has the right to make up rules when warranty applies and when it does not.
You are wrong again, see above.Your contract is not with the manufacturer but with your seller.