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Limited Warranty Issues

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Florida Resident: I am a customer with Straight Talk Wireless and I had a defective phone which was sent back to the company and which they are in receipt of. On several phone calls and online chats I was told that I would be receiving a "New" replacement phone. Now they are sending me a refurbished phone and stating that they cannot send me a new phone because it is both at their discretion and per their policy within their terms and conditions. But my issue is that at the company's own employees verified on several occasions that it will be a "New" replacement phone, which is their discretion. Secondly, they are stating that if it is within a certain time frame after initial activation that they can only send refurbished phones, but had it been before that time frame they would have been able to send a new phone. This is not supported anywhere within their own terms and conditions and no one within the company can show me that policy (it appears to be in house policy) and not actually listed in terms and conditions which are available to customers). I expect to receive a "New" replacement phone based on conversations with their employees and their own terms and conditions I believe back that up.
 


Zigner

Senior Member, Non-Attorney
Did you have a question?

If your question is about your ability to demand a "new" phone vs a "refurbished" phone, the answer is entirely within your contract. If the contract requires that they send you a "new" phone, then you can expect a "new" phone. Otherwise, they have no contractual obligation to send you a "new" phone.
 
Did you have a question?

If your question is about your ability to demand a "new" phone vs a "refurbished" phone, the answer is entirely within your contract. If the contract requires that they send you a "new" phone, then you can expect a "new" phone. Otherwise, they have no contractual obligation to send you a "new" phone.

The issue is that they stated verbally on several occasions that they would be sending a "New Replacement Phone". Then after sending the refurbished phone tried to give reasons why they cannot send the New Phone.

I have listed those reasons below:

  1. I am unable to receive a new phone as it has been a certain amount of time since the initial activation of the phone. Keep in mind that the acceptable time frame changed depending on the Straight Talk representative I was speaking with. The many representatives that quoted this to me were unable to show me where I could reference such a policy. They stated that it was a policy they follow (but was not spelled out in the Terms & Conditions which were available to the customer). No reference point for this info was available as it appeared to be an “in house” policy that customers could not view. A COMPANY CANNOT ENFORCE A POLICY WHICH IS NOT LISTED WITHIN THEIR OWN CUSTOMER TERMS & CONDITIONS AS CUSTOMERS ARE NOT AWARE OF SAID LIMITATIONS.

  1. I was then quoted the following from the Terms of Limited Warranty as listed on the Straight Talk Wireless website within the Terms & Conditions
  • During the limited warranty period, Straight Talk will replace or repair, at Straight Talk’s sole option, any defective Products or parts (except as excluded below) with new or refurbished Products or parts if such replacement or repair is needed because of Product malfunction or failure during normal usage. Straight Talk may, in its sole discretion, replace the Product with a different but comparable Product if the same exact Product is not available. The replacement Product may consist of refurbished equipment that contains used components, some of which have been reprocessed. All used components shall comply with Product performance and reliability specifications.
My issue being that it stated that the product can be replaced with new product, which was confirmed with me verbally by representatives of the company. At no time did any of the employees (call center agents, managers, or corporate employees) state that it may be a refurbished phone but was confirmed on several occasions that it would be a “NEW REPLACEMENT PHONE”.
 

adjusterjack

Senior Member
I expect to receive a "New" replacement phone based on conversations with their employees and their own terms and conditions I believe back that up.
You won't. Let me first point out that "I was told" is the most dangerous phrase in the English language.

My issue being that it stated that the product can be replaced with new product, which was confirmed with me verbally by representatives of the company. At no time did any of the employees (call center agents, managers, or corporate employees) state that it may be a refurbished phone but was confirmed on several occasions that it would be a “NEW REPLACEMENT PHONE”.
During the limited warranty period, Straight Talk will replace or repair, at Straight Talk’s sole option, any defective Products or parts (except as excluded below) with new or refurbished Products or parts if such replacement or repair is needed because of Product malfunction or failure during normal usage. Straight Talk may, in its sole discretion, replace the Product with a different but comparable Product if the same exact Product is not available. The replacement Product may consist of refurbished equipment that contains used components, some of which have been reprocessed. All used components shall comply with Product performance and reliability specifications.
The emphasized part explain it all.

One more thing. Under the Terms of Limited Warranty:

7. Straight Talk neither assumes nor authorizes any authorized service center or any other person or entity to assume for it any other obligation or liability beyond that which is expressly provided for in this limited warranty including the provider or seller of any extended warranty or service agreement.

8. This is the entire warranty between Straight Talk and the Purchaser, and supersedes all prior and contemporaneous agreements or understandings, oral or written, relating to the Product, and no representation, promise or condition not contained herein shall modify these terms.
What you got "told" on the phone is unenforceable.
 

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