How-To-Guide: Difference between SOGA and warranty / extended warranty

[adamtemp64]

This crops up all the time Who do I get to repair my Mobile device.

In the UK The law that covers this is called the Sale of Goods Act (as amended). This offers all consumers a basic level of protection provided by the retailer.

• This which Guide explains it fully. http://www.which.co.uk/consumer-rights/regulation/sale-of-goods-act
• Since 2015 this act applies https://www.gov.uk/government/publications/consumer-rights-act-2015/consumer-rights-act-2015

But the main point here is that in the first 6 months the retailer has to prove the fault was not present at the time of delivery. But after 6 months that proof moves to you and could involve getting engineers report and cost you.

Before I deal with warranty's There is a lot of confusion around the fact that some believe that all items must have a 2-year warranty according to EU law. This legal advice page explains the issues that have been created comparing the EU position and UK law remember that soga provides a min 6 years  http://www.access-legal.co.uk/free-legal-guides/whats-the-difference-between-a-guarantee-and-a-warra....

Manufacturers Warranty

These are provided in addition to the minimum requirements (soga) and lay down the length the Manufacturer covers the item (not the retailer). I will not delve too deeply into individual companies terms and what is covered but will link to them at the end. But a warranty from the manufacturer is for a set period. During this period you the consumer just returns the item for repair under the warranty directly to the manufacturer I.E. you do not have to prove faulty on delivery (unlike soga after 6 months).

Extended warranties

Some Manufacturers will allow you to purchase an additional cover for the phone to extend the time the manufacturer will treat the phone as though it was still in an original period of cover and again offer you cover that exceeded the soga requirements.

So in brief, if you have a faulty handset and want a good level of service to use the manufacturer's warranty as it offers the highest level of protection for the consumer.

Normally Accidental damage and water damage are excluded by soga and warranty but some extended warranties cover these incidents.

Links to some of the warranty's (some you need to read small print)

• Apple (also list extended warranty)
• Samsung (click on mobiles)
• HTC (click region and type)
• Nokia
• Blackberry (click united kingdom)

I hope this will assist you and clear up some of the confusion

O2 official EU Directive 1999/44/EC here

[a_hcir]

Really sound advice, thanks for that. 

What confuses me is that if the manufacturer is obligated to repair faults, why do mobile networks (virtually all, not just o2) employ other companies to repair mobiles within the manufacturer's warranty period?  It seems that these "other" repair companies mainly just point the blame at the customer so that the network doesn't pay for a repair, but why don't they just send them direct to the manufacturer or their approved contract repairer?

[adamtemp64]

A_hcir

You have made the confusing assumption the cost of repair under soga is the retailer (o2 in this case) unless thay can claim it back from the manufacturer but under the warranty offered by the manufacturer the manufacturer pays (come to your own conclusion)

[davethorp]

Another decent link for information on consumer rights:

http://www.moneysavingexpert.com/shopping/consumer-rights-refunds-exchange

Worth mentioning too that if someone does go to the manufacturer rather than the retailer, this can diminish any further rights under the sale of goods act with the retailer as the goods are no longer as they were when they were sold by the retailer and the retailer can simply argue that any defects are down to the repair. If the goods were replaced by the manufacturer then the retailer can absolve themselves of any responsibily under SOGA as they are no longer the ones supplied.

That said, beyond the initial 6 months it can become very hard to prove an inherent defect under the SOGA and this is why it may be better to deal with the manufacturer under the warranty offered by them rather than battle the retailer whose policy for dealing with claims under SOGA can vary from retailer to retailer and even on a case by case basis

[adamtemp64]

@davethorp Agreed it is the 6 month rule that will catch people out as all warranties are at least 12 months I would always go to manufacturer.