[Samsung Galaxy S8+ Guides, News, & Discussion] cantenna:
source:

http://forums.whirlpool.net.au/archive/2539687

(fully plan to do this when the time comes if need be:)

UPDATE:

NCAT phone hearing was today. It was a conciliation meeting, I will list main points of today's hearing.

. Samsung acknowledged manufacturing defect and offered to repair screen ONLY if I agree to pay the cost of a replacement "PCP Board", as the Samsung rep said they are unable to repair otherwise

. Tribunal member asked Samsung REP more than 5 times to just repair or replace the handset, considering the custom software did not cause the defect.

. Tribunal member advised Samsung Rep that if case goes to hearing that it would become a matter of public record and Samsung may be ordered to replace the whole device and not just repair it as the fault could be considered "major".

. Tribunal member informed the Samsung rep that he's presence was a waste of time and that someone who had decision making power should have been present instead, as he informed the member that he was unable to reach in agreement and was only told by management to offer a repair contingent on me paying for PCP board replacement.

. Matter has been adjourned to a date TBA

Update;

WIN WIN WIN!!!!! My sincere apologies for not updating this thread much sooner. WIN WIN WIN!!!!!!

Yes that's right folks, although the decision was made back in August, I wanted to wait until Samsung fulfilled the terms set by the tribunal before commenting on here. Due to the fact that I am overseas I have not been able to verify if Samsung has in fact issued a cheque with a full refund amount as they were ordered and advised me via email.

For those interested below were the orders set by the tribunal

1. The Tribunal is satisfied notice of the hearing was duly served on the respondent.

2. SAMSUNG ELECTRONICS AUSTRALIA PTY LTD 3 Murray Rose Avenue OLYMPIC PARK NSW 2127 Australia is to pay xxxxxxxxxx Australia the sum of $1249.05 on or before 13-Sep-2016.

Default in the payment of any instalment will cause the whole of the balance then outstanding to become immediately due and payable

Reasons:

• $1249.05 Refund of purchase price of Samsung Galaxy S7 Edge. Product has a major manufacturing defect and is of unacceptable quality.

3. The respondent is to arrange for collection of the goods from the applicant within 7 days of complying with the order 2 above. Should the respondent fail to collect or arrange for collecting of the goods by 30 September, the applicant may dispose of the goods at his discretion.

NOTE: If the other party does not comply with the order to pay money, a certified copy of the above money order may be obtained from the Tribunal for the purpose of enforcement action through the Local Court.

As expected Samsung did collect the handset. They actually sent 2 samsung employees to pick up the phone. I had left the handset with a friend in Australia, and took Samsungs words that the refund was issued by cheque to my PO Box. But I'll find out as soon as I get back

Although it's not mentioned clearly in the orders the member was outraged that Samsung had refused warranty on grounds of a rooted phone, the member also mentioned how Samsung australia is misleading consumers into thinking that there warranty terms override australian consumer law. Specifically that using unauthorised software voids warranty

The member also advised me to take up the matter with the ACCC.

Remember that in the inital conciliation hearing samsung was advised by another member to repair the phone and they refused unless I paid for a replacement logic board.

I have only shared my experince in the hope that anyone in a similar position knows that the Australian consumer law prohibits such dodgy practises used by companies like Samsung.

The funny thing is that besides filling the online application for NCAT. I only ever submitted 1 document to NCAT, which was a report that Samsung rep gave me when inspecting my phone. I submitted no other piece of paper or spent any time besides writing on this thread. There was the phone hearing conciliation that lasted 30min the the NCAT hearing that lasted just as long.

There's so much more I can add that was discussed in the hearing but considering I'm typing on a phone, it's just too cumbersome. I'm happy to offer any advice on this thread or via pm. Happy to answer any questions also

Rooting your phone DOES NOT void your warranty. Samung will claim it does, and until the ACCC puts them in line, this might be our only recourse.