| Author |
Message |
steva11
Posts: 1680
Phone Model:
w810i/pearl
Service Provider:
Rogers |
 
Thu Dec 01, 2005 12:28 am |
You do not know that you will be getting a defective product with another v180. and "inferior" is a relative word and ni this situation, the replacement is no more inferior than the original device.
Cingular can refuse warranty service at any time. It is not a right, it is a privilage set for by ANY company.
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elmo01
Posts: 2198
Phone Model:
Samsung SPH-M510
Service Provider:
Bell Canada |
Thu Dec 01, 2005 8:54 am |
| customslawyer wrote: | | elmo01 wrote: | and you chose to buy it... cingular does not have to do any warranty work on your behalf... they only provide the service...
like I said... your beef is with the manufacturer not the provider...
let us know how the CA suit works out.... |
Since your interested in class actions:
"Replacing one defective product with another defective product, or an inferior product, is itself a breach of warranty." |
so what are you expecting... a RAZR for replacement?
read between the lines "counsellor"
tell the warranty that your replacement V180 is the same... try asking "nicely" if your litigatios [sp?] attitide will allow...
sometimes manners will prove productive...
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customslawyer
Posts: 20
Phone Model:
motorolla v180
Service Provider:
cingular |
Thu Dec 01, 2005 10:12 am |
| steva11 wrote: | You do not know that you will be getting a defective product with another v180. and "inferior" is a relative word and ni this situation, the replacement is no more inferior than the original device.
Cingular can refuse warranty service at any time. It is not a right, it is a privilage set for by ANY company. |
Go here for a primer on warranty obligations: http://www.ftc.gov/bcp/conline/pubs/buspubs/warranty.htm
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elmo01
Posts: 2198
Phone Model:
Samsung SPH-M510
Service Provider:
Bell Canada |
Thu Dec 01, 2005 10:15 am |
| customslawyer wrote: | | steva11 wrote: | You do not know that you will be getting a defective product with another v180. and "inferior" is a relative word and ni this situation, the replacement is no more inferior than the original device.
Cingular can refuse warranty service at any time. It is not a right, it is a privilage set for by ANY company. |
Go here for a primer on warranty obligations: http://www.ftc.gov/bcp/conline/pubs/buspubs/warranty.htm
|
upon reading said "primer" I direct you to this reference
You provide, at the consumer's choice, either a replacement or a full refund if, after a reasonable number of tries, you are unable to repair the product
define reasonable tries... I would venture more than two... per item...
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customslawyer
Posts: 20
Phone Model:
motorolla v180
Service Provider:
cingular |
Thu Dec 01, 2005 10:15 am |
| elmo01 wrote: | | customslawyer wrote: | | elmo01 wrote: | and you chose to buy it... cingular does not have to do any warranty work on your behalf... they only provide the service...
like I said... your beef is with the manufacturer not the provider...
let us know how the CA suit works out.... |
Since your interested in class actions:
"Replacing one defective product with another defective product, or an inferior product, is itself a breach of warranty." |
so what are you expecting... a RAZR for replacement?
read between the lines "counsellor"
tell the warranty that your replacement V180 is the same... try asking "nicely" if your litigatios [sp?] attitide will allow...
sometimes manners will prove productive... |
There's no point in going through the warranty process just to have one defective product replaced with another defective product. Motorola had to fork over $25 million to settle class actions claims related to defects in the v60 and the v120. Someone needs to do the same for cingular and motorola on the v180.
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elmo01
Posts: 2198
Phone Model:
Samsung SPH-M510
Service Provider:
Bell Canada |
Thu Dec 01, 2005 10:35 am |
| customslawyer wrote: | | elmo01 wrote: | | customslawyer wrote: | | elmo01 wrote: | and you chose to buy it... cingular does not have to do any warranty work on your behalf... they only provide the service...
like I said... your beef is with the manufacturer not the provider...
let us know how the CA suit works out.... |
Since your interested in class actions:
"Replacing one defective product with another defective product, or an inferior product, is itself a breach of warranty." |
so... its the manufacturer that is liable for their product... not the carrier?
hmmmm.....
so what are you expecting... a RAZR for replacement?
read between the lines "counsellor"
tell the warranty that your replacement V180 is the same... try asking "nicely" if your litigatios [sp?] attitide will allow...
sometimes manners will prove productive... |
There's no point in going through the warranty process just to have one defective product replaced with another defective product. Motorola had to fork over $25 million to settle class actions claims related to defects in the v60 and the v120. Someone needs to do the same for cingular and motorola on the v180.
|
so...(again) its motorola that is reponsible for their product...not the carrier?... did you contact the manufacturer?
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customslawyer
Posts: 20
Phone Model:
motorolla v180
Service Provider:
cingular |
Thu Dec 01, 2005 11:53 am |
| elmo01 wrote: | | customslawyer wrote: | | steva11 wrote: | You do not know that you will be getting a defective product with another v180. and "inferior" is a relative word and ni this situation, the replacement is no more inferior than the original device.
Cingular can refuse warranty service at any time. It is not a right, it is a privilage set for by ANY company. |
Go here for a primer on warranty obligations: http://www.ftc.gov/bcp/conline/pubs/buspubs/warranty.htm
|
upon reading said "primer" I direct you to this reference
You provide, at the consumer's choice, either a replacement or a full refund if, after a reasonable number of tries, you are unable to repair the product
define reasonable tries... I would venture more than two... per item... |
Not even one try may be necessary in any individual case. If enough people used warranty return programs and received defective merchandise, then courts may view said warranty programs as an exercise in futility. That's part of the protection afforded by class action litigation. The cases are brought on behalf of many, many people, not just one. It is this group's collective experience that drives many decisions and outcomes in such cases.
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customslawyer
Posts: 20
Phone Model:
motorolla v180
Service Provider:
cingular |
Thu Dec 01, 2005 12:12 pm |
| elmo01 wrote: | | customslawyer wrote: | | elmo01 wrote: | | customslawyer wrote: | | elmo01 wrote: | and you chose to buy it... cingular does not have to do any warranty work on your behalf... they only provide the service...
like I said... your beef is with the manufacturer not the provider...
let us know how the CA suit works out.... |
Since your interested in class actions:
"Replacing one defective product with another defective product, or an inferior product, is itself a breach of warranty." |
so... its the manufacturer that is liable for their product... not the carrier?
hmmmm.....
so what are you expecting... a RAZR for replacement?
read between the lines "counsellor"
tell the warranty that your replacement V180 is the same... try asking "nicely" if your litigatios [sp?] attitide will allow...
sometimes manners will prove productive... |
There's no point in going through the warranty process just to have one defective product replaced with another defective product. Motorola had to fork over $25 million to settle class actions claims related to defects in the v60 and the v120. Someone needs to do the same for cingular and motorola on the v180.
|
so...(again) its motorola that is reponsible for their product...not the carrier?... did you contact the manufacturer? |
If the v180 is known to be defective, then the manufacturer and resellers that fail to reasonably protect against distributing defective products may all be liable. Do you really believe that cingular doesn't know that the v180 is a piece of junk?
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elmo01
Posts: 2198
Phone Model:
Samsung SPH-M510
Service Provider:
Bell Canada |
Thu Dec 01, 2005 12:23 pm |
| customslawyer wrote: | | elmo01 wrote: | | customslawyer wrote: | | steva11 wrote: | You do not know that you will be getting a defective product with another v180. and "inferior" is a relative word and ni this situation, the replacement is no more inferior than the original device.
Cingular can refuse warranty service at any time. It is not a right, it is a privilage set for by ANY company. |
Go here for a primer on warranty obligations: http://www.ftc.gov/bcp/conline/pubs/buspubs/warranty.htm
|
upon reading said "primer" I direct you to this reference
You provide, at the consumer's choice, either a replacement or a full refund if, after a reasonable number of tries, you are unable to repair the product
define reasonable tries... I would venture more than two... per item... |
Not even one try may be necessary in any individual case. If enough people used warranty return programs and received defective merchandise, then courts may view said warranty programs as an exercise in futility. That's part of the protection afforded by class action litigation. The cases are brought on behalf of many, many people, not just one. It is this group's collective experience that drives many decisions and outcomes in such cases. |
spoken like a true lawyer... when in doubt litigate
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elmo01
Posts: 2198
Phone Model:
Samsung SPH-M510
Service Provider:
Bell Canada |
Thu Dec 01, 2005 12:51 pm |
| customslawyer wrote: | | elmo01 wrote: | | customslawyer wrote: | | elmo01 wrote: | | customslawyer wrote: | | elmo01 wrote: | and you chose to buy it... cingular does not have to do any warranty work on your behalf... they only provide the service...
like I said... your beef is with the manufacturer not the provider...
let us know how the CA suit works out.... |
Since your interested in class actions:
"Replacing one defective product with another defective product, or an inferior product, is itself a breach of warranty." |
so... its the manufacturer that is liable for their product... not the carrier?
hmmmm.....
so what are you expecting... a RAZR for replacement?
read between the lines "counsellor"
tell the warranty that your replacement V180 is the same... try asking "nicely" if your litigatios [sp?] attitide will allow...
sometimes manners will prove productive... |
There's no point in going through the warranty process just to have one defective product replaced with another defective product. Motorola had to fork over $25 million to settle class actions claims related to defects in the v60 and the v120. Someone needs to do the same for cingular and motorola on the v180.
|
so...(again) its motorola that is reponsible for their product...not the carrier?... did you contact the manufacturer? |
If the v180 is known to be defective, then the manufacturer and resellers that fail to reasonably protect against distributing defective products may all be liable. Do you really believe that cingular doesn't know that the v180 is a piece of junk? |
if it is known to be defective why did you purchase it?
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