Replacement phone not up to scratch
After a customer’s mobile phone was damaged, she received a replacement touch-screen phone through her insurance policy.
Within two weeks of using her new phone, the customer noticed scratches on the screen that were affecting her ability to see it clearly. She assumed the scratches had come from her fingernail while scrolling, and returned the phone to the manufacturer for investigation.
The manufacturer referred the customer to her service provider. They advised her that the phone was not (and was not promoted as being) scratch resistant, so they were not liable for repairing or replacing it.
The customer disagreed, saying that the screen should have been more robust given that the phone was designed to be operated using a stylus or finger. She was particularly concerned that the fault had happened after just two weeks – and to an expensive, top-model device.
The customer contacted TDR with her complaint. TDR referred the matter to the provider, but the situation reached deadlock and proceeded to conciliation. The parties agreed that the phone would be returned to the manufacturer, who would fix it at no charge (and with no effect on the warranty) if the problem proved to be cosmetic. This proved true, and the case was closed.