| Author |
Message |
customslawyer
Posts: 20
Phone Model:
motorolla v180
Service Provider:
cingular |
 
Tue Nov 29, 2005 12:22 am |
John, employee no. JK6066, refused to honor the cingular warranty. I own 3 motorolla v180 cell phones. Since the purchase of those devices, they have been defective. All three phones shut themselves off and cannot be restarted without first removing the battery. My warranty from cingular promises that the company will replace defective devices. John recognized that all three cell phones are defective and must be replaced. John violated my warranty by claiming that the warranty's "like kind" provision prevents cingular from replacing the defective motorolla v180 cell phones. Instead, according to john, cingular can only send me three motorolla v180 phones to replace the v180's I already own. That suggestion is ridiculous and clearly violates my rights under the cingular warranty. The motorolla v180 is a piece of junk. That junk status is documented on the internet, just run "motorolla v180" on phonescoop.com. Moreover, all three of my v180 have identical problems. Additionally, my mother's v180 has the same material defects as do my phones and as noted on phonescoop.com and other web sites. Finally, I am entitled to a $30.00 rebate for each v180. To date, I have not received my $90.00 in rebates.
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steva11
Posts: 1687
Phone Model:
w810i/pearl
Service Provider:
Rogers |
Tue Nov 29, 2005 12:40 am |
| Quote: |
xxv. THE PROGRAM IS BEING PROVIDED TO MEMBER "AS IS" WITH NO EXPRESS OR IMPLIED WARRANTY OR CONDITION. TO THE MAXIMUM EXTENT PERMITTED BY LAW, CINGULAR EXCLUDES ALL CONDITIONS, REPRESENTATIONS, WARRANTIES AND OTHER TERMS WHICH MIGHT OTHERWISE BE IMPLIED INTO OR INCORPORATED INTO THIS AGREEMENT, WHETHER BY STATUTE, COMMON LAW OR OTHERWISE, WITH RESPECT TO THE PROGRAM, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES AND TERMS AS TO MERCHANTABILITY, SATISFACTORY QUALITY AND FITNESS FOR ANY PARTICULAR PURPOSE AND IMPLIED WARRANTIES AND TERMS ARISING FROM COURSE OF DEALING OR COURSE OF PERFORMANCE.
xxvi. CINGULAR DOES NOT WARRANT, GUARANTEE, OR MAKE ANY REPRESENTATIONS REGARDING THE QUALITY OF, OR ACCURACY OF ADVERTISEMENTS FOR, ANY MERCHANDISE, PRODUCTS, OR SERVICES OFFERED OR PROVIDED BY OFFER PARTNERS OR SUPPLIERS IN CONJUNCTION WITH THE PROGRAM.
xxvii. YOU ACKNOWLEDGE THAT YOU HAVE NOT RELIED UPON ANY REPRESENTATION, WARRANTY OR OTHER ASSURANCE GIVEN OR MADE BY OR ON BEHALF OF CINGULAR PRIOR TO THIS AGREEMENT AND YOU WAIVE ALL REMEDIES WHICH, BUT FOR THIS SECTION 34, MIGHT OTHERWISE BE AVAILABLE TO YOU IN RESPECT OF SUCH REPRESENTATION, WARRANTY OR OTHER ASSURANCE. |
cingular does not have to offer anything, this goes for pretty much every wireless provider. warranty is given by the companies, but many people assume it is their right. it is not. get the v180's. not ALL v180's have defects.
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customslawyer
Posts: 20
Phone Model:
motorolla v180
Service Provider:
cingular |
Tue Nov 29, 2005 4:16 pm |
Cingular gave me a written warranty. That fact forces the company to also comply with all implied warranties. In this case, the implied warranty of merchantability. Cingular violates that warranty by selling the v180. In my opinion, after six months of use, the v180 is NOT fit for use as a cell phone. It may be a good door stop, or an ok item to throw at a wall, but it sure aint a cell phone.
It shuts itself off. It shuts itself off during conversations. It shuts itself off when not in use. When it shuts itself off you can't just turn it back on. You have to take out the battery, wait, and then hope it actually comes back on. Often it does not. The v180 is not just a bad phone. It's a defective phone that is unfit for the use for which cingular sold it.
Now the warranty led me to believe cingular would replace defective merchandise. John Q. Cingular told me the phones are defective but he refused to send different phones, phones that work. Now I believe that cingular has created a deceptive warranty. That warranty makes you believe defective products will be replaced when cingular only sends you more defective products and claims it has fullfilled its warranty obligations. What a crock!
By the way, Motorolla seems to agree that these phones suck and has stopped making them. Now you can only get the v180 from cingular when they send you one to replace the defective v180 that they sold you to begin with. So everyone seems to agree that these phones are defective (not just substandard) and unfit for use as cell phones. Under the warranty, I am entitled to a cell phone that actually works. According to Federal law, I am also entitled not to be misled by deceptive warranty practices. If you also have a problem with cingular's tactics and policies, I suggest you complain to the Federal Trade Commission https://rn.ftc.gov/pls/dod/wsolcq$.startup?Z_ORG_CODE=PU01 and follow it up with a class action law suit.
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elmo01
Posts: 2186
Phone Model:
Samsung SPH-M510
Service Provider:
Bell Canada |
Wed Nov 30, 2005 11:55 am |
so what did you expect to happen... Cingular to replace the phone with a RAZR?
you bought a V180...it gets replaced with a V180... if none available you get an equivalent....
in actuality cingular does the warranty as a service to the customer ... they dont have to... that would be the manufacturer...which is motorola... cingular only provides the service... so "counsellor" if you are gonna sue... sue the right company
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customslawyer
Posts: 20
Phone Model:
motorolla v180
Service Provider:
cingular |
Wed Nov 30, 2005 12:33 pm |
| elmo01 wrote: | so what did you expect to happen... Cingular to replace the phone with a RAZR?
you bought a V180...it gets replaced with a V180... if none available you get an equivalent....
in actuality cingular does the warranty as a service to the customer ... they dont have to... that would be the manufacturer...which is motorola... cingular only provides the service... so "counsellor" if you are gonna sue... sue the right company |
I expect that cell phones I buy to actually be fit to operate as cell phones.
I expect that defective merchandise covered by warranty will be replaced with fully operational merchandise.
I expect not to be misled by deceptive warranty programs.
I expect cingular to be held to stand in the shoes of motorola because of cingular's substantial control of v180 warranty claims.
I expect you not to have a clue.
Do I expect too much?
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elmo01
Posts: 2186
Phone Model:
Samsung SPH-M510
Service Provider:
Bell Canada |
Wed Nov 30, 2005 1:07 pm |
like I said.... warranty claims are processed as a courtesy for the customer... a service provided voluntarily by the provider (Cingular) rather than have you ship the phone back to motorola... your other avenue is to call the manufaucturer directly...
Cingular wireless is a wireless service provider... not a cel phone manufacturer...your beef is with motorola...
(was that an ambulance I just heard?)
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customslawyer
Posts: 20
Phone Model:
motorolla v180
Service Provider:
cingular |
Wed Nov 30, 2005 1:47 pm |
| elmo01 wrote: | like I said.... warranty claims are processed as a courtesy for the customer... a service provided voluntarily by the provider (Cingular) rather than have you ship the phone back to motorola... your other avenue is to call the manufaucturer directly...
Cingular wireless is a wireless service provider... not a cel phone manufacturer...your beef is with motorola...
(was that an ambulance I just heard?) |
Why let cingular off the hook? They are the direct consumer contact on this issue. cingular administeres the warranty program. cingular chose to market the v180. cingular sells the service that we pay for monthly and cannot access because of the v180. In short, cingular is intimately intertwined with the junk phone/warranty issue and has much more to lose (monthly service payments) than does motorola if customers are dissatisfied. Moreover, cingular drives the marketing of these devices and consciously uses junk phones to affect its share of the consumer market for cellular services. Sales, marketing, rebates, monthly service, and even the manufacturer's warranty program are all driven and controlled by cingular!
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elmo01
Posts: 2186
Phone Model:
Samsung SPH-M510
Service Provider:
Bell Canada |
Wed Nov 30, 2005 5:00 pm |
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....
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steva11
Posts: 1687
Phone Model:
w810i/pearl
Service Provider:
Rogers |
Wed Nov 30, 2005 5:32 pm |
also, millions of motorola v180's have been offered through a number of providers and were a coll little phone in thier day. a small fraction of these phones have been defective. many models have defects. look at the mpx 220, v600, etc.
try the new phone or check to see if you are eligible for an upgrade. either option may just work out.
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customslawyer
Posts: 20
Phone Model:
motorolla v180
Service Provider:
cingular |
Wed Nov 30, 2005 11:26 pm |
| 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."
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