[INFO][EU] Rooting and Flashing don't void the warranty

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gouster3

Senior Member
Oct 22, 2014
298
118
Levice
In our country sellers are well protected against it.
The mobile operator refuses to sell the phone while you don't, sign conditions in Which it is stated that the guarantee does not apply when you do something with system.
:(

Now i have Xperia XZ but i can't even use it. Everything usable needs root. (e.g. GLTools, Sixaxis enabler, Xposed...)

cb
Article 7
Warranty does not cover defects telecommunications equipment and accessories that after takeover
a) caused by the buyer or another (third) person by mechanical or other damage or incurring
and regardless of their actions damage in situations of force majeure,
b) resulting from improper usage, unauthorized use for purposes other than those for which they are intended
their nature or their use in conjunction with other equipment that the manufacturer or seller
permitted or not recommended
c) incurred as a result
ca) Unauthorized modification and repairs carried out otherwise than under the complaint procedure warranty repairs
under the terms of the claims procedure or the other as a seller in the warranty
destination or other provable way the buyer notified authorized service
resorts,
cb) other obvious improper interventions in these or any other handling that
It was contrary to the instructions thereto, warranty terms and in them the instructions and explicit
or notify the buyer if the defects were caused by buyer storage, use
aleb of storing in a damp, dusty, chemically aggressive or otherwise inappropriate environment or
the postponement or deposit in a place with such an environment,
d) in other cases specified in the warranty card and instruction of their manufacturer or seller.
 
Last edited:

rogier666

Senior Member
Jan 27, 2011
599
145
androidblog.site666.info
The EU anticipated that sellers would try to dodge the law by making you sign law-evading small print, so they added a safety net.

EU directive 1999/44/CE says:

(22) Whereas the parties may not, by common consent, restrict or waive the rights granted to consumers, since otherwise the legal protection afforded would be thwarted...

So whatever contract you may have signed, you still keep the two year statutory warranty. You simply can't sign that right away.
 
Last edited:

afigienas

Senior Member
Dec 26, 2011
154
24
This topic is pretty stupid. it quotes law that have nothing to do with title or this topic. Show me quote that says that installing firmware doesn't void warranty. Im unable to find.
 
Jun 14, 2013
15
3
It's 2023, Samsung still refuses warranty on rooted phones. The carrier (in my case reseller) does the same. EU phone, bought in the EU by EU citizen. Somethimes I ask myself wondering why we still purchase those products.
 

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  • 109
    All Android users were or are wondering whether flashing their device will void the warranties of their devices.

    This concerns European customers (EU).

    In short :

    The FSFE (Free Software Foundation Europe), has concluded that rooting and flashing our devices don't void their warranties. Manufacturers can't refuse to repair a device because modifying or changing system software is not a sufficient reason to void the "statutory warranty". The seller has to prove that the defect is caused by user's actions before completelly voiding the warranty. Unless that, the standard 2 years of the warranty is still valid. So the Directive 1999/44/CE dictates1 protects consummers even if they have rooted and flashed their system in order to use custom ROMs.

    • 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".

    Full article :

    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.

    Source, article

    Reference : EUR-Lex
    7
    Regarding this directive, I thought, as I already spent the time googling this stuff, this complementary documentation might come in handy :

    Directive full texts in EU languages :

    http://eur-lex.europa.eu/Result.do?...Affichage=sort_key&page=1&idReq=1&Submit22=GO (bottom list)

    Directive :

    http://eur-lex.europa.eu/Notice.do?...,330258:cs,&pos=2&page=1&nbl=2&pgs=10&hwords=

    Reference to national law implementations :

    http://eur-lex.europa.eu/LexUriServ/LexUriServ.do?uri=CELEX:71999L0044:EN:NOT

    As I read a few posts back someone stating the national law overrides EU directives, that is more or less accurate, in fact, directives have to be implemented into national law (member states have no choice and will be drawn to EU court if they don't), and until they are implemented, the old national law will indeed continue apply.

    On the other hand this directive is 14 years old, so all member states should have implemented it in the meantime.

    The last link being the most interesting as you can see in what texts this has been implemented to in the respective member states.

    Using those texts, you should have more power to compell the reseller to fulfill his duties.

    Just thought I would share...

    JP.
    3
    "Running any software on the device that we don't approve voids your warrenty." (And I'm pretty sure that will include rooting software)
    In most parts of the world such clauses were ruled invalid a long time ago.
    The manufacturer has to prove that you did something wrong and that these allegedly wrong actions actually bricked the device.

    The OP ist not entirely correct.

    You can only claim the compulsory warranty from the seller you bought the phone at.
    You are wrong. That's only true for a certain amount of time after which the manufacturer is held responsible.

    The manufacturer on the other hand still has the right to make up rules when warranty applies and when it does not.
    Bullsh*t!

    Your contract is not with the manufacturer but with your seller.
    You are wrong again, see above.
    2
    So if they refuse, should I print this and give it to them? :D
    2
    Technically it's also not allowed to lock the bootloader without giving a way of unlocking it since it restrict the software that the user can use on his phone, but theres still lots of phones with locked bootloaders with no way of unlocking it.

    Also it's really easy to tell someone bringing their phone into repair that their phone is broken because they did something while having root permissions if the person involved doesn't know electronics so well. It's still a step in a better direction.