CPA advice needed

JacquesZA

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My wife got the new bold 9900 and its a terrible phn. Battery only last a few hours, slow and un responsive. But the biggest issue is that it just constantly reboots by it self.

She has ha the phn for 3 weeks, what is her rights? Can she go to vodacom and exc. for a iphone?
So she wont cancel the contract just move it to a iphone ?
 
I would think that strictly under the CPA and probably VC's policies they have to and will remedy the situation. VC will attempt repair first, if their repairs dept says unrepairable they will replace it. It defiantly sounds like the phone is faulty. just a guess but I'd say the problem is with the battery, it fit's all your symptoms. take it back to where you got it and get them to try a new battery.
It would be up to them to change you to a iPhone theres nothing in law that would force them to do it.
 
My wife got the new bold 9900 and its a terrible phn. Battery only last a few hours, slow and un responsive. But the biggest issue is that it just constantly reboots by it self.

She has ha the phn for 3 weeks, what is her rights? Can she go to vodacom and exc. for a iphone?
So she wont cancel the contract just move it to a iphone ?

I would suggest that you book the phone in at your closest Vodacare branch. I do know that if they cannot repair your device it will be replaced with the same model , not sure if you can exchange it with another manufacturer device.
 
yeah you will prob need to go through repair route.

also on the blackberrys turn the screen brightness down, it is still fine and extends the battery life by a reasonable amount.

when does it reboot, just randomly or after a certain amount of time? at the same time etc?
 
AFAIK, your rights are different under the CPA. I don't think you have to ask for repairs, etc. You can swop it out. Again, AFAIK...
 
Well i get that a device will use power but its suppose to be a business phn and lasting only a few hours is a joke! And now just rebooting? Bb is crap! The shop should have warned us that the phn cant be used for business. Hence the reason i want another brand. Going to vodashop now. I googled and this seems to be a well known problem with the 9900. Also checked that cpa says they have to exchange it
 
I would suggest that you book the phone in at your closest Vodacare branch. I do know that if they cannot repair your device it will be replaced with the same model , not sure if you can exchange it with another manufacturer device.

Thank you for reply, but what will that help? Internet is full of confirmation that this is a known problem and with people who have had multiple swap outs?
 
In short, she can demand her the contract be cancelled as the goods are defective. The CPA is quite clear about this:

Section 56:

(2) Within six months after the delivery of any goods to a consumer, the consumer
may return the goods to the supplier, without penalty and at the supplier’s risk and
expense, if the goods fail to satisfy the requirements and standards contemplated in
section 55, and the supplier must, at the direction of the consumer, either—
(a) repair or replace the failed, unsafe or defective goods; or
(b) refund to the consumer the price paid by the consumer, for the goods.

Which would allow her to sign another contract for the overpriced, underspeced piece of crap she wants.

She's also got all sorts of other CPA rights due to the product not being clearly marketed and so on.

Vodacon will deny this and fight tooth and nail to continue illegally ripping of consumers, and the National Consumer Commissioner is so busy fighting scum like Vodacon on other fronts that you'll be lucky to have the case resolved before the end of 2012.

Sorry.
 
The CPA states quite clearly that you, yes YOU as the customer have 3 options within a 6 month period of a purchase being faulty:

A) Ask for a replacement.

B) Ask for a repair.

C) Ask for a refund.


iStore tried to pull a fast one on me with regard to this but quickly woke up and finally I got my refund out of them.
 
Jip advised vodacom of this and also phones RIM SA... Vodacom says they never replace phns they give refurb units!!!! I refused and now they say i must phn back in 3 days. Atleast RIM said they will apply pressure on vodacom...
 
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