[General Topics] CameronJ:
Ok,

So I keep seeing people make the assertion that applying a ROM upgrade that is not provided by the carrier/manufacturer/vendor/etc. will void your device warranty. Not being one to blindly trust the legal advice I read on internet forums, I decided to do some research myself. If this has been discussed already, my apologies. I searched but nothing really came up. Here's what I found:

The user manual available on the HTC site quite clearly states "your warranty is invalidated if you open or tamper with the device's outer casing." No mention of software/firmware related voiding of the warranty.

In the warranty booklet that came with the Cingular 8125 (it's an HTC booklet, so my guess it comes with all products, regardless of vendor), clause 6.a. is the only one that appears to apply in this case. The clause states:

The Product has been subjected to abnormal use, abnormal conditions, improper storage, expsure tomoisture or dampness, unauthorized modifications, unauthorized connections, unauthorized repair, misuse, neglect, abuse, accident, alteration, improper installation, or other acts which are not the fault of HTC or authorized by HTC, including damage caused by shipping or damages caused by accessories not provided by HTC.

So there are a couple of clauses here that could apply. I say could because there is no clear definition of what "modifications", "connections", installation", etc. mean.

Unauthorized modifications. To me, modifications in this context implies a physical modification i.e adding memory, etc. I say this because it is inline with exposure, connections, and repair.

Alteration. What in the world does alteration mean in this context? It doesn't say "unauthorized alteration" which implies that any alteration would void the warranty. Isn't loading software an alteration? Again, I believe this to refer to physical alterations.

Improper installation. Again, what does installation mean? Does it mean installing programs, or installing the physical device in some manner that is not authorized by HTC?

Lastly, "other acts which are not the fault of HTC or authorized by HTC". This is the one that I believe could be the kicker, as it's there to be a complete catch all.

So what does this tell us? Absolutely nothing. Could HTC theoretically decline a warranty repair because someone applied an unauthorized ROM upgrade? Definitely.

However, there's plenty of threads out there where people say "will void your warranty" but I have yet to see one where someone actually had a warranty repair or replacement denied because of a ROM upgrade.

Given that I've written this long post and haven't answered any of my own questions, I'm wondering if anyone out there has actual first hand knowledge of the warranty not being honored in this situation. I'm not interested in situations where someone was told that the warranty would be voided, because as we all know service reps are, in many cases, either un-informed about things like that or they are intentionally told to say that, even if it truly wouldn't (I was a phone rep in financial services for 4 years after graduating college, so I can say this from first hand experience).

Any real experiences in this area? The next question of course is even if it did void the warranty, would anyone notice if you re-flash with the original ROM and return it?