[Touch Pro2, Tilt 2 Windows Mobile General] TyTanIc:
Just invoke the 6-year legal durability rule.

The litmus test of the Sale of Goods Act is that the product must be of "durable quality" taking into consideration the price of the item and the expected life expectancy of the item. Any court will back you up on this one as a mobile phone costing hundreds of pounds should not fail within so short a time... hence why UK consumers are stupid sheep when they buy extended warranties... you don't need them, the law backs you up... usually to about 6 years.

The basic period that most courts will support for an expensive household or mechanical item is six years... I've taken five retailers to Court in the last four years... one over a £400 washing machine that broke down after 3 years and my TV supplier for a £1,100 TV that failed after 5 years, etc.. I won them all, inclduing a double glazing company who hired a £5,000 per day barrister against me me suing them for a vacuum seal that failed after 5 years.

I'm just about to take my boiler manufacturer down the same route after an admitted design fault on the PCB has caused a breakdown after 7 years... if it's a design fault that doesn't immediately come to light when the company has previously admitted it (and not contacted you), then you usually have longer.... three years from when the fault materialised.

HTC can't make any claim about your own ROM-upgrade software, as this has already been tested in the courts in the case of a Dell PC that was upgraded by the owner... i.e. it is designed to be upgradeable. If HTC didn't want you to apply your own software, then the unit would not have the facility to do so.

Also, how do they define 'illegal software'?

You can point out out the the Court that HTC themselves provide software updates via their own website, so the unit is clearly designed to be upgraded - like any normal computing device - over time. Courts accept this unless the manufacturer clearly specifies an "unfit" list of software that can't be used. In which case they might as well shut Handango and PocketGear down tomorrow.

You are entitled to use the unit as you see fit, in a reasonable manner for which it was clearly designed, as long as you don't physically break it, rip it apart or try to solder new hardware on, etc.

My TV supplier tried arguing that my HDMI inputs were not designed for a Wii to be plugged into them, until I pointed out that there own manual stated that the input ports were clearly for attaching other devices that comply with the correct adapter fitting.

The Court will apply the litmus test of reasonable durability, it being fit for purpose, and unless HTC can actuaully prove that you got the unit wet - and that such damp has caused an actual component failure, then the case will clearly, on the balance of evidence, be in your favour.

However, be very sure the case has no dings or scratches (other than slight and expected wear and tear for its age), as HTC could say it was dropped, causing an unspecified PCB, connecting element or ROM error.

Also, if HTC are really using this sticker as the damp test, then that should be stated in the manual, and a clear warning given to users not to open the case with sweaty/damp hands or in a humid environment (I live in the Caymans where humidity regularly hits 90%) should be printed within. If not, then HTC has not offered the consumer a reasonable set of instructions as to how the unit should be treated. The manual should also specify - very accurately - just how much humidity would activate this sticker and have scientific proof to show that these are accurate at detecting such a level or range of water contamination. Again, else they are not giving the user sufficient information as to the units durability and handling criteria other than don't immerse it fully in water.

Also, if they claim that it is solely at their discretion as to how they interpret the warranty - which forms part of your overall contract - then you can quote the Unfair Terms in Consumer Contracts Regulations 1999 which states quite clearly in Section 5:

5. - (1) A contractual term which has not been individually negotiated shall be regarded as unfair if, contrary to the requirement of good faith, it causes a significant imbalance in the parties' rights and obligations arising under the contract, to the detriment of the consumer.

5. - (5) states that Schedule 2 (appendixed) is an indicative and non-exhaustive list of terms that can deemed as unfair...

you can choose from (or use both):

(c) making an agreement binding on the consumer whereas provision of services by the seller or supplier is subject to a condition whose realisation depends on his own will alone;

(m) giving the seller or supplier the right to determine whether the goods or services supplied are in conformity with the contract, or giving him the exclusive right to interpret any term of the contract;

Effectively, HTC don't have a prayer as long as you haven't bu&&ered it, or drowned it.

BUT, and a very BIG 'BUT'... remember that HTC are not actually responsible for the product... the retailer is, unless it is a design fault. So your action against HTC could be thrown out very easily as they could argue they have no contract with you... and they would be right.

Just be careful and make sure you take action against the correct party.