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Hello why is it not for for purpose when it was your negligence that caused the damage?
Hello, not sure if you saw my initial query above - why is the phone not fit for purpose when it was your negligence that caused the damage?
Hello Fred, it really depends on the nature of the knock. A phone is a fragile device so it is possible that the ‘wrong type’ of knock could damage it in such a way that it is no longer in perfect working order. That does not mean it is not fit for purpose – a phone’s purpose is to be used for the usual activities such as making calls, using its apps and features, taking photos, etc. It is not designed and sold as a device which is guaranteed against drops, knocks, blunt force, etc. Whilst most phones can take different types of knocks and falls, that is not their purpose, so that is why it may be difficult to argue that it is not it for purpose because that is not the purpose for which it was sold. There were some heavy duty use phones sold in the past (I think one was a Nokia, which was waterproof and knock-proof) and these would have been specifically sold as being able to take more knocks than a usual phone. Had you had one of these and it was damaged from a low impact knock then yes, I would agree that you could argue it was not it for purpose, but that does not apply to a ‘normal’ phone with no such guarantees.
So I would suggest you still try and pursue the retailer and push them for a resolution and hopefully under good customer service they may agree to a replacement. However, if they refuse to assist your only option is to sue them for compensation and in the circumstances that would be risky and I would not recommend it.
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