Warranty void in EU explained by FSFE Legal Coordinator

[stenc55]

Hello

I'm proud owner of TF300T for 1 day
When I unlocked bootloader I had to confirm that my TF is no longer under warranty.
Every dev here has statement in their post that flashing unofficial firmware will void your warranty.

Well, that's not entirely true. If you have purchased your device in EU, then you still have warranty even if it was flashed with unofficial ROM.
Quote:
"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!"

More details on Matija Šuklje, FSFE Legal Coordinator and Carlo Piana, FSFE’s General Counsel state article:
http://matija.suklje.name/rooting-and-flashing-your-device-does-not-void-the-warranty-in-eu

Happy flashing

* FSFE= Free Software Foundation Europe is dedicated to the furthering of Free Software and working for freedom in the emerging digital society

 

[UndisputedGuy]

When I've contacted Asus they've told me my warranty would become void after unlocking the bootloader. Do Asus have a voluntary warranty?

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Sent from my R800i using xda-developers app.
It's nice to be important, but it's more important to be nice.

 

[stenc55]

Asus have statutory warranty 2 yers like everone else who is selling electronics in EU. They have to prove that device died becouse of your action and e.g power button cannot brake becouse you rooted tablet! If they refuse to RMA broken button becouse tab is rooted you can sue or report them to some org for protecting consumer rights.
Recently Apple was charged (or sentenced, I forgot) becouse they were selling "extended warranty" witch lasted 2 years. They are obligatory to have 2 years warranty anyway.
Helpdesk told you what he had to, becouse HQ ordered it and people beleive it becouse they don't know about this EU directive. What they say is valid for US and rest of the world, but not EU.

BTW, from about 2-3 weeks ago unlocking phone or tab locked by carrier (AT&T, Version ....) is in US criminal act. !

 

[NixZero]

Asus have statutory warranty 2 yers like everone else who is selling electronics in EU. They have to prove that device died becouse of your action and e.g power button cannot brake becouse you rooted tablet! If they refuse to RMA broken button becouse tab is rooted you can sue or report them to some org for protecting consumer rights.
Recently Apple was charged (or sentenced, I forgot) becouse they were selling "extended warranty" witch lasted 2 years. They are obligatory to have 2 years warranty anyway.
Helpdesk told you what he had to, becouse HQ ordered it and people beleive it becouse they don't know about this EU directive. What they say is valid for US and rest of the world, but not EU.

asus helpdesk in EU stated that the "warranty void" from unlocking counts only for software problems, if you discover an hardware defect they will still repair it under warranty (in USA and other countries this may vary as they have other customer protection laws).
but if you brick your tablet while flashing a rom meant for another device or something similar they wont cover you anymore - and well, why should they pay for your mess?
the unlocking basically works like those "warranty void if broken" seals that cover key screw on hardware devices - and those seals _ARE_ legal, if you break those you void your warranty as you cant anymore certify that the problem originated by a build defect instead of something you did.

BTW, from about 2-3 weeks ago unlocking phone or tab locked by carrier (AT&T, Version ....) is in US criminal act. !

wrong, unlocking a phone carrier-lock is a criminal act, unlocking the bootloader to flash firmwares (what they call jailbreak on iphones) is still legal.

 

[stenc55]

asus helpdesk in EU stated that the "warranty void" from unlocking counts only for software problems, if you discover an hardware defect they will still repair it under warranty (in USA and other countries this may vary as they have other customer protection laws).
but if you brick your tablet while flashing a rom meant for another device or something similar they wont cover you anymore - and well, why should they pay for your mess?

Agree. Confusion comes because they always say "warranty void" and not "software warranty void". They never mention that HW warranty still apply.

the unlocking basically works like those "warranty void if broken" seals that cover key screw on hardware devices - and those seals _ARE_ legal, if you break those you void your warranty as you cant anymore certify that the problem originated by a build defect or something you did.

Those seals are always legal. They prevent users to fiddle with HW. But HW only. They do not apply for SW.

wrong, unlocking a phone carrier-lock is a criminal act, unlocking the bootloader to flash firmwares (what they call jailbreak on iphones) is still legal.

That's what I wanted to say, but you said it more accurate.

I see there is a little confusion. This EU directive covers HW warranty, no matter in what state SW is. If user plays with SW then it's his fault if tab does a bootloop or if flashing goes wrong and one have 500€ brick. It's his fault. But if piece of HW is faulty they have to fix it even if tab is rooted and CM10.1 is installed. Problem is becouse they always say "warranty void" without specifying warranty for what? HW or SW? (SW does not have any warranty anyway)

 

[NixZero]

I see there is a little confusion. This EU directive covers HW warranty, no matter in what state SW is. If user plays with SW then it's his fault if tab does a bootloop or if flashing goes wrong and one have 500€ brick. It's his fault. But if piece of HW is faulty they have to fix it even if tab is rooted and CM10.1 is installed. Problem is becouse they always say "warranty void" without specifying warranty for what? HW or SW? (SW does not have any warranty anyway)

in some countries the consumer protection is really poor so they can do as they please, in EU its a lot stricter so probably if somebody pushes they would be forced to change their wording.
but there would need some flashy case and a lot of news coverage (like the wording in apple warranty that pushed users to buy their extra coverage even for the 2nd year that shoud be free, they got burned on that) and its not clear if its worth it as asus seem pretty helpfull when somebody asks

---------- Post added at 09:24 PM ---------- Previous post was at 09:22 PM ----------

That's what I wanted to say, but you said it more accurate.

actually I've misread what you wrote, sorry.

 

[pieter1993]

asus helpdesk in EU stated that the "warranty void" from unlocking counts only for software problems, if you discover an hardware defect they will still repair it under warranty (in USA and other countries this may vary as they have other customer protection laws).
but if you brick your tablet while flashing a rom meant for another device or something similar they wont cover you anymore - and well, why should they pay for your mess?
the unlocking basically works like those "warranty void if broken" seals that cover key screw on hardware devices - and those seals _ARE_ legal, if you break those you void your warranty as you cant anymore certify that the problem originated by a build defect instead of something you did.

wrong, unlocking a phone carrier-lock is a criminal act, unlocking the bootloader to flash firmwares (what they call jailbreak on iphones) is still legal.

i have to add that its a crime to sell a locked phone in Belgium. Tho European court of justice stuck down this law, it is still in use and we got finned for it.