"Water Damaged" Samsung Galaxy Note 3 after 2 months...

A question about : "Water Damaged" Samsung Galaxy Note 3 after 2 months...

Hi,

I bought a brand new Samsung Galaxy Note 3 on a 24-month contract from Vodafone at the beginning of November - I liked to think it was a fairly high end, good quality phone; I'm certainly paying a premium on my contract price compared to other phones on the market.

Anyway, in mid-January I noticed a fault whereby the phone stopped charging properly - I would have to turn the phone off and leave it charging all day to get about 50% battery. I went to the vodafone store and they tried a different charger and the battery, but the problem persisted. Vodafone sent it off for repair later in the week after I've discovered it.

Then last week I received a voicemail from the Vodafone service centre saying that the phone was water damaged, that the manufacturer's warranty was therefore invalidated, and I would have to pay Ј190 to have the phone fixed. This seems pretty incredible to me considering it's not been near any water sources that I'm aware of - I keep it out of the rain, I don't take it into the bathroom with me, I even live about as far away as you can get from the sea in the UK, I work in an office - you get the picture! I was tweeted by Vodafone to say that there are chemical markers in the phone which indicate whether the inside has got moisture inside. I was subsequently told by someone on the phone from Voda that any moisture that gets in the phone at all can change the colour of the markers. I have asked for the phone to be sent back to me unrepaired and I am planning to send directly to Samsung for a second opinion.

I have been looking at details of the Sale of Goods Act (SoGA) online and note that the product has to be 'fit for purpose', and that a fault within the first six months is generally considered to have been present on the phone to start with and that the burden of proof of negligence falls on the supplier (i.e. Vodafone). However, I did read on another site that the 'water damage' could essentially be taken as the supplier as their proof that it was my negligence and therefore they don't have to fix.

Does this sound right? Do I have any hope of trying to get the phone repaired by Voda under the SoGA? Is there a claim for it not being 'fit for purpose'? It is less than six months old as well...

It just seems ridiculous to me that a brand new phone can't take just over two months of everyday use. When will I have to pay Ј190 again if I do get it repaired?! Perhaps I should have been warned by Voda that it should have a waterproof case if I'm taking it outdoors or something! I only use a screen protector at present, although I might have to invest in one of those waterproof cases for it now - not doing much for the ergonomics!

Any help would be appreciated. Is it even worth sending it to Samsung? Do I have any sort of case here?

Thanks

Best answers:

• Battery issues seem to be common with the Note 3 since the most recent Kit Kat update for Android. Could it infact be the software on the phone and did you update it prior to the issue occuring? I would get it back and get independent advice but battery issues across multiple Android devices since Kit Kat seem to crop up here from time to time.
• Thanks Earthworm. I wondered that myself, although I don't remember physically saying "yes" to an update - maybe the phone was set to auto-update? I'm not even sure whether Vodafone have looked to see what the root of the problem is, or if they've just opened up the phone, seen the markers and not done anything more until they've got their money?
• Water damage is common see multiple posts .
  Samsung are going to reject if the indicators are on .
  Out of interest i did a little test last year phone as usual in pocket measured temp after a couple of hours .Difference between phone temp and outside air was about 40 degrees . Hot Cold = condensation .
  Seller has rejected warranty as you have damaged the phone . You need an independent engineers report to say the fault is something else .
• As said above, it's not hard for you to get condensation in the phone if it gets very cold and you then take it into a warm humid environment.
  Most specifications for electronic equipment whether it be mobile phones or not stipulate non-condensing for both operation & storage and I'd guess that words to that effect will be somewhere your operating instructions or specifications
• Hi C Gord,
  Thanks for making me aware of this.
  If you'd like me to get things looked into further, could you email me with your details via the link in our profile here?
  All you need to do is copy and paste the link into your web browser and it'll take you to the Contact us form on our website. To make sure it reaches me could you also quote the code WRT135 - MSE in the subject line?
  Once sent you'll receive an automated reply with a reference number. So I can make sure I've got it could you update the thread with this and I'll get back to you as soon as possible?
  Kind regards,
  Lee
  Web Relations
  Vodafone UK
• Hi Lee,
  The reference number is 6074985.
  Thanks
• Hi C Gord,
  Thanks for coming back to me.
  I've got your email and will get back to you as quickly as I can.
  Kind regards,
  Lee
  Web Relations
  Vodafone UK
• Same lines as the repair centre. Useful...
• Same thing has just happened to me with a Note 3 from O2.
  I've been an O2 customer for about 10 years, upgraded to the Note 3 - great phone.
  I'm always very careful with phones, have never lost one and have had very few issues so I didn't take out the insurance.
  A few months later it stops charging - you plug it in and it appears to charge but the percentage never goes up. I tried 4 different chargers and a new battery before taking it back to O2.
  So they send it off and then come back with a letter saying it's water damaged and isn't covered under warranty.
  Now this is a bit weird because the phone is about 3 months old and it's never been anywhere near water. Perhaps once or twice I've used it in light drizzle, you know the sort where a few spots fall on the screen.
  As the poster has said above, this is normal use and the phone doesn't seem fit for purpose.
• It's been a right pain for me. There was no way I was going to pay to get it repaired, when it would only likely happen again.
  I ended up buying a third party wall battery charger from Amazon (Samsung don't sell battery chargers it seems), plus a couple of spare batteries.
  I'm due for an upgrade later this year, and even though the new Note's are now 'waterproof', I'm sufficiently unhappy with Samsung that I'll probably be getting a different brand for this upgrade.
• I genuinely water damaged a phone six months old. Obviously warranty didn't cover, however our household contents paid out promptly and without quibble.
• Agree that it could have been condensation.
  O2 have been replying on twitter and seem concerned but the store keep telling me I have to sort it out on the web chat and the web chat keep telling me I have to contact the store.
  Pretty disappointed so far. I know it's not my fault that the phone broke and I know it's not fit for purpose.
  And now I've got to pay for 2 years for a phone that broke after 5 minutes.
  How can they turn round to a customer of 10 years who's never had any issues before and say "sorry your Ј500 phone broke after 2 months but there's nothing we can do"?
  What are my options?
  1. Official complaint to O2?
  2. Complain to Trading Standards?
  3. Complain to Offcom?
  4. Complain to the FCA who regulate the finance agreement?
• [QUOTE=paulfeakins;67748494]A
  Pretty disappointed so far. I know it's not my fault that the phone broke and I know it's not fit for purpose.
  What are my options?
  1. Official complaint to O2?
  YES they are the vendor but again they are saying damage .
  2. Complain to Trading Standards?
  No but you ask their opinion of what route to proceed .
  Plus you can complain to Samsung but they will say water indicators on = voids warranty .
  Not fit for purpose as its been rejected as damaged then you are going to have to prove otherwise .
  Water damaged phones is an old old story with every users saying i did not and the engineers saying you must have .
• Trading standards would be best to advise you whether or not you can expect your Note 3 to be water resistant / rainproof .
  I know my Note 3 is not meant to be used in the rain likewise all my other mobiles over the years . Same goes for my tablet and laptops .
• Unfortunately Samsung has a reputation for poor build quality and using cheap materials, which is why their profits are now taking a tanking.