Contracts.

Energize said:
Contract is void because they broke the law, clearly not as described.
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Yes, but that must have induced the sale, so he must say that he relied upon it. Pointing to other websites will thus not help, however that is amusing that things are going to get technical, which they probably won't.
 
I dunno if any of the laws have changed but I used to work for The Link and regarding the 14 day change of mind that''s a service not a law.
It's basically up to the company to decide if they want to offer that service to clients and as far as I can remember T-Mobile stopped that back in 2005 but still offered exchange of phone down to the shops discretion.
14 day change of mind only applies to the distance selling act from what I remember so if you got this in the shop then unless the phone is faulty or they changed the policy you're basically screwed.
Regarding the battery issue sometimes the level of signal can determine how long the battery lasts for ie low signal strength means more of the power is used.
What you could try is if you can obtain a second battery and find that the battery lasts a lot longer than the current one then you could take it back to them and ask them to either change the handset or cancel the contract under the 28 day guarantee.
Hope that helps and if you need to know anything else just give me a shout
 
Nitefly said:
You shouldn't have a problem claiming it was a misrepresentation. A misrepresentation which induces a sale can trump what is said in the written contract, unless the contract had an 'entire agreement clause'.
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I'm not sure that point about the "entire agreement" clause is right. My understanding is that it prevents the salesperson's representation as to battery life being integrated as a term of the contract (and thus prevents a claim for breach of contract based on that term) but it doesn't preclude an action for misrep in tort.

Not that you'll have to every get to the point where you were considering this course of action though (hopefully!)
 
ICEx21 said:
I dunno if any of the laws have changed but I used to work for The Link and regarding the 14 day change of mind that''s a service not a law.
It's basically up to the company to decide if they want to offer that service to clients and as far as I can remember T-Mobile stopped that back in 2005 but still offered exchange of phone down to the shops discretion.
14 day change of mind only applies to the distance selling act from what I remember so if you got this in the shop then unless the phone is faulty or they changed the policy you're basically screwed.
Regarding the battery issue sometimes the level of signal can determine how long the battery lasts for ie low signal strength means more of the power is used.
What you could try is if you can obtain a second battery and find that the battery lasts a lot longer than the current one then you could take it back to them and ask them to either change the handset or cancel the contract under the 28 day guarantee.
Hope that helps and if you need to know anything else just give me a shout
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Thanks for the reply.

Which 28 day guarantee is this? Not heard of it!!
 
Johnny Girth said:
I'm not sure that point about the "entire agreement" clause is right. My understanding is that it prevents the salesperson's representation as to battery life being integrated as a term of the contract (and thus prevents a claim for breach of contract based on that term) but it doesn't preclude an action for misrep in tort.

Not that you'll have to every get to the point where you were considering this course of action though (hopefully!)
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You may well be right :)
 
Do you need to cancel the contract ?

If it's just the phone that's the problem, just change the handset and adjust the price/tariff

MW
 
Christ even one day before needing a charge is nuts. Glad I don't have one of those or the iphone.. get up to a week on my Samsung :p
 
That site says up to 406 hours?

Maybe in aeroplane mode and the screen off!

I get a day and a half out of mine in general, that's with little to no 3G use. If I use the 3g significantly it's more like 3/4 day.
 
my battery life was similar when I first got the phone, but since the latest update (1.5) mine lasts a good day and a half, which is about all your going to get out of many of the latest high specified phones. Has yours got the latest update?
 
It was a 28 day guarantee The DSG group had on most of their products I'm not sure if it's the same with T-Mobile or even if it's the same down in England as I was working in Scotland with them.
You may wanna try just going in to the store and asking them for a change of handset by explaining the battery is screwed.
Most stores are just happy swapping the whole thing around.
 
battery life of only a day? thats ridiculous, my E61 gets 3 or 4 days EASILY, and thats with a battery thats three years old!
 
That sounds pretty bad, but the version I use at work for developing always has battery free if I have accidentally left it on (and not connected to the USB) overnight.
 
Is it not a fault with the battery itself ?

I remember when I was with 02 and got the V3 Razr when it came out and the battery life was terrible and was flat within a day.

I inquired at the store and it was a problem with the battery which they replaced.
 
Von Smallhausen said:
I remember when I was with 02 and got the V3 Razr
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*shudders at mere mention of the word*

Ended up going elsewhere today so will take it in tomorrow.
Did another test however.

Overnight - Full charge
9am - taken off charge and placed on my desk in my room on standby (screen off). Also had GPS/3G/WiFi/etc off.
7pm - Get home and it has some life left.

Then I used it for just under 20 minutes and it died.

:rolleyes:

I don't really want a replacement phone with T-Mobile as it was either that or the iPhone.
 
Mr-White said:
My Bold can have a pretty bad battery life if i use it heavily but having a second battery helps a lot :)

MW
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:confused: I'm getting 2 days full use out of mine. I don't use "full use" lightly either. WiFi always on and being used. If the WiFi is not available then I'm using 3G. Past couple of weeks I've been going new places so I've also been using the GPRS with Google Maps. Not only that, I recieve at least 5 e-mails a day and send and recieve lots of phone calls. It's not a brag, don't get me wrong. Just saying you might want to get your battery seen to. :)
 
As you are within 14 days of the start of your contract you can break the contract and return the phone, you will be charged for your usage in that time and likely pro-rata line rental

there are newer/better android phones out now and the HTC hero coming soon
 
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