The CPA and my Faulty Cellphone

Diesal

Diesal

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Firstly a bit of background:
I sent my phone in a few weeks ago for repairs as it was shutting down randomly, so anyway, Im going to fetch it on Saturday. When I got the call from 8.ta they said yes my phone is back and they upgraded software and replaced the speaker.

Now if the phone works, then it’s all good and well. But if not, and I can prove it to them, can I ask them to replace the phone, rather than to send it away again?
The phone is not older than 6 months and I took it out on contract.

Thanks,

I just wanted to know, should I get there and the same issue occurs.
 
You can't force them to give you a new phone, hell even at 2 weeks they would still send it for repairs than replace it. And that'd well within their right to do.
 
In theory yes.
In theory you could also decline the option of even having it repaired if it was less than 6 months old.
In reality most companies have terms and conditions that say CPA suck my balls, and who is going to pay or can afford a lawyer to challenge them?
 
lived666 said:
In theory yes.
In theory you could also decline the option of even having it repaired if it was less than 6 months old.
In reality most companies have terms and conditions that say CPA suck my balls, and who is going to pay or can afford a lawyer to challenge them?
Click to expand...
I'm sure the CPA gives them the option to repair it first. Unless the things goes back 10x then it is clear they must replace and you wouldn't even need a CPA
 
R13... said:
You can't force them to give you a new phone, hell even at 2 weeks they would still send it for repairs than replace it. And that'd well within their right to do.
Click to expand...

From: http://www.accountancysa.org.za/resources/ShowItemArticle.asp?ArticleId=1851&Issue=1089

Implied warranty of quality
Failed, unsafe or defective goods may be returned to the supplier within six months after the delivery of the goods to a consumer. In such a case the supplier has to either repair or replace the goods, or refund to the consumer the price paid by the consumer. It is important to remember that the Act allows the consumer to choose whether to be refunded, or to have the goods replaced or repaired.
Click to expand...

I'm confused now?
 
R13... said:
I'm sure the CPA gives them the option to repair it first. Unless the things goes back 10x then it is clear they must replace and you wouldn't even need a CPA
Click to expand...

Lets assume that the item has been sent in for repair, the OP accepted that option, the CPA clearly then states that if a repaired items shows any sign of failure within 3 months of being repaired, the client can then request a replacement or a refund, which is all he asked.
Bottom line, if your phone comes back after repair and its still faulty you can demand a refund or a replacement and the choice is yours.

http://www.nccsa.org.za/images/documents/consumer-protection_act_english.pdf



pg 130 (3) (left on top)


BTW Let me rep you while I'm here :)
 
Last edited:
With my experience cellphone networks companies first send the phone away 3 times.
If the device is still faulty after the 3rd time, they will replace it.
It sucks and most of the time they cannot provide you with a loan-unit.

Everyone is "CPA this" and "CPA that" but I have never read any success stories about the "CPA".
 
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