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Ben Jones
Ben Jones, UK Lawyer
Category: Law
Satisfied Customers: 77782
Experience:  Qualified Solicitor
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I'm not sure if this is the correct place for my question...

Customer Question

Hi I'm not sure if this is the correct place for my question... I got my phone screen repaired by a well known company however now my camera has stopped working... They said they will have to order the replacement part however now after 6 weeks they are saying they cannot get hold of this part and are offering a full refund. I'm not happy with this as my camera cannot be used
JA: Have you talked to a lawyer about this? In which country do you live? If different, which country is your legal question related to?
Customer: No I live in London
JA: What steps have you taken so far?
Customer: I have just communicated with the company
JA: Is there anything else the Lawyer should know before I connect you? Rest assured that they'll be able to help you.
Customer: Phones are bought for the cameras and my phone is pretty much useless what can I do
Submitted: 9 days ago.
Category: Law
Expert:  Ben Jones replied 9 days ago.
Hello, I’m Ben, a solicitor, and it’s my pleasure to assist you. I may ask for some preliminary information to help me determine the legal position.
Customer: replied 9 days ago.
Hi Ben
Expert:  Ben Jones replied 9 days ago.

I understand the camera on your phone has been damaged by the company that repaired the screen on it. Please tell me when this happened exactly?

Customer: replied 9 days ago.
26/03/22
Expert:  Ben Jones replied 9 days ago.

OK thank you, ***** ***** I just check that they have admitted liability?

Customer: replied 9 days ago.
they have been trying to get the part and have given false promises as to when they will have it in stock and now have said they cannot get the part and are offering a full refund for the screen
Customer: replied 9 days ago.
Hi Ben are you still here?
Expert:  Ben Jones replied 9 days ago.
Thank you, ***** ***** sign or agree to any exclusions of liability in the event of damage caused whilst they carry out the original service?
Customer: replied 9 days ago.
They have a lifetime warranty for parts replaced
Expert:  Ben Jones replied 9 days ago.

I understand but did you sign or agree to any exclusions of liability in the event of damage caused whilst they carry out the original service?

Expert:  Ben Jones replied 9 days ago.

Ok but that would only include the screen as that is the part they were supplying and replacing. I meant was there any exclusion of liability in the event any damage was caused during the service process. For example I had a button on an ipad replaced recently and was specifically advised that there is a risk of the screen cracking in the process and had to exclude any liability for that damage. They do not have to be specific but some general exclusion can be in place – was there one?

Customer: replied 9 days ago.
3.2 If your Device is damaged beyond economical repair as a direct result of a service or repair undertaken by iSmash, you are entitled to a fully functional refurbished device of equal value to your Device, based on its model and condition as received and with the original repair issue resolved. To receive a replacement device, full payment must have been received for the repair service and the relevant damaged device must be surrendered to iSmash. Your original device will be kept by iSmash and any replacement device may take up to 10 working days to be provided however all efforts will be made to provide a replacement sooner.
Customer: replied 9 days ago.
This was in the terms and conditions... Am I entitled to a new device?
Expert:  Ben Jones replied 9 days ago.

Thank you. According to these terms, a replacement device is only due if the original is damaged beyond economical repair. That may not be the case because the camera is repairable and it is not the costs that are hindering the repair, but the supply of a replacement part. So this may mean it is still economically possible to repair it and that won’t apply. The issue is that they cannot actually repair it at this time and simply refunding you for the screen will not fix the camera issue. Therefore, they should either cover the costs of repairing it elsewhere, where the part is available, or issue you with a replacement device by applying this policy.

Expert:  Ben Jones replied 9 days ago.

Hopefully, I have answered your query in a way that is simple and easy to understand. If anything remains unclear, I will be more than happy to clarify it for you. In the meantime, thank you once again for using our services.

Expert:  Ben Jones replied 9 days ago.

I trust that everything has now been dealt with to your satisfaction and your original question has been resolved. If you have any further queries about it, please do not hesitate to get back to me on here. In the meantime, I wish you all the best.