5 Replies Latest reply: Feb 1, 2014 1:23 PM by smallwonder2003 RSS

Open Letter to T-Mobile

Dear T-Mobile,

I have "a bone to pick" with you! It begins with the fact that I have been under contract since 2002/2003 and I have not had alot of issues with your policies, "contractual obligations" and surprise fees except recently.

 

My understanding of a contract, is that it is a legally enforceable agreement between two or more parties with mutual obligations, which may or may not have elements in writing (to paraphrase the definition of a contract). For this reason, I am questioning your motives in implementing several elements into a "contract" after it has been signed and agreed to by both parties.

 

First, I am informed of the shipping costs to do an exchange last year, and I didn't have an issue with it since I am not purchasing a new phone and you need to cover such overhead costs. Then I am informed that my phone, which clearly has a 1 yr Manufacturer's warranty for a DEFECT that is not due to normal wear and tear but a defect on the phone parts (Which, according to the warranty are free from defects in material and workmanship under normal use and service.) Can someone at T-Mobile please help me understand this?

 

Second, I am made aware, for the first time, that warranty exchanges now require a $20 charge because I do NOT have an extended warranty, nor insurance on the phone. My question is, Since when am I REQUIRED to have insurance/extended warranty on a device? If this "requirement" was incorporated into T-Mobile's policy/contract, why has the company FAILED to inform individuals that are under contract that this new policy is in place and that failure to comply is grounds for the fee? Why wait till later? The way I see it, it is important to the company to collect such fees, as such it should be important to alert people BEFOREHAND that you will be collecting such fees when this type of transaction is taking place! #CommonSenseIsn'tCommon

 

Third, I am now aware that your insurance and warranty options are LIMITED to two. Since this requirement is supposedly helpful to the consumer, why not allow these customers the option of using outside warranty vendors and you (T-Mobile) honor these vendor obligations??? I am sure that this will encourage competition with your products and services as long as these vendors meet your MINIMUM required standards!!! #IJS!!!! Since you (T-Mobile) are fond of publicly touting your achievements, like Largest Wireless 4G Network, this competitive landscape will also allow you to provde another stumping ground for the premium services that you provide your customers.

 

This is a limited warranty info on the Samsung Vibrant (Verbatim). As the carrier of this phone, it is my understanding that you are obligated to abide by this warranty. Or are you not obligated??? #FoodForThought

 

Contact me and let me know if there is something (ANYTHING) that I misunderstand!!!!!

 

STANDARD LIMITED WARRANTY

 

What is covered and for how long?

 

SAMSUNG TELECOMMUNICATIONS AMERICA, LLC (“SAMSUNG”) warrants to the first consumer purchaser ("Purchaser") that SAMSUNG’s handsets and accessories ("Products") are free from defects in material and workmanship under normal use and service for the period commencing upon the date of purchase and continuing for the following specified period of time after that date:

 

Phone                                   1 Year

Batteries                                1 Year

Case/Pouch/Holster                90 Days

Other Phone Accessories         1 Year

 

What is not covered? 

 

This Limited Warranty is conditioned upon proper use of Product by Purchaser.  This Limited Warranty does not cover: (a) defects or damage resulting from accident, misuse, abnormal use, abnormal conditions, improper storage, exposure to liquid, moisture, dampness, sand or dirt, neglect, or unusual physical, electrical or electromechanical stress; (b) scratches, dents and cosmetic damage, unless caused by SAMSUNG; (c) defects or damage resulting from excessive force or use of a metallic object when pressing on a touch screen; (d) equipment that has the serial number or the enhancement data code removed, defaced, damaged, altered or made illegible; (e) ordinary wear and tear; (f) defects or damage resulting from the use of Product in conjunction or connection with accessories, products, or ancillary/peripheral equipment not furnished or approved by SAMSUNG; (g) defects or damage resulting from improper testing, operation, maintenance, installation, service, or adjustment not furnished or approved by SAMSUNG; (h) defects or damage resulting from external causes such as collision with an object, fire, flooding, dirt, windstorm, lightning, earthquake, exposure to weather conditions, theft, blown fuse, or improper use of any electrical source; defects or damage resulting from cellular signal reception or transmission, or viruses or other software problems introduced into the Product; or (j) Product used or purchased outside the United States.  This Limited Warranty covers batteries only if battery capacity falls below 80% of rated capacity or the battery leaks, and this Limited Warranty does not cover any battery if the battery has been charged by a battery charger not specified or approved by SAMSUNG for charging the battery; (ii) any of the seals on the battery are broken or show evidence of tampering; or (iii) the battery has been used in equipment other than the SAMSUNG phone for which it is specified. 

 

What are SAMSUNG’s obligations? 

 

During the applicable warranty period, provided the Product is returned in accordance with the terms of this Limited Warranty, SAMSUNG will repair or replace the Product, without charge to Purchaser, or at SAMSUNG'S sole option, refund the purchase price.  SAMSUNG may, at SAMSUNG’s sole option, use rebuilt, reconditioned, or new parts or components when repairing any Product, or may replace Product with a rebuilt, reconditioned or new Product.  Repaired/replaced cases, pouches and holsters will be warranted for a period of ninety (90) days.  All other repaired/replaced Products will be warranted for a period equal to the remainder of the original Limited Warranty on the original Product or for 90 days, whichever is longer.  All replaced Products, parts, components, boards and equipment shall become the property of SAMSUNG.  This Limited Warranty is extended to the Purchaser and is not transferable or assignable to any other person or entity.

 

What must you do to obtain warranty service? 

 

To obtain service under this Limited Warranty, Purchaser must return the Product to an authorized phone service facility in an adequate container for shipping, accompanied by the sales receipt or comparable proof of sale showing the original date of purchase, the serial number of the Product and the seller's name and address.  To obtain assistance on where to deliver the Product, please call SAMSUNG Customer Care at 1-888-987-4357.   If SAMSUNG determines that any Product is not covered by this Limited Warranty, Purchaser must pay all parts, shipping, and labor charges for the repair or return of such Product.

 

Purchaser should keep a separate backup copy of any contents of the Product before delivering the Product to SAMSUNG for warranty service, as some or all of the contents may be deleted or reformatted during the course of warranty service.

 

What are the limits on SAMSUNG’s liability? 

 

THIS LIMITED WARRANTY SETS OUT THE FULL EXTENT OF SAMSUNG'S RESPONSIBILITIES, AND THE EXCLUSIVE REMEDY REGARDING THE PRODUCTS.  ALL IMPLIED WARRANTIES, INCLUDING WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, ARE LIMITED TO THE DURATION OF THIS LIMITED WARRANTY.  IN NO EVENT SHALL SAMSUNG BE LIABLE FOR DAMAGES IN EXCESS OF THE PURCHASE PRICE OF THE PRODUCT OR FOR, WITHOUT LIMITATION, COMMERCIAL LOSS OF ANY SORT; LOSS OF USE, TIME, DATA, REPUTATION, OPPORTUNITY, GOODWILL, PROFITS OR SAVINGS; INCONVENIENCE; INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES; OR DAMAGES ARISING FROM THE USE OR INABILITY TO USE THE PRODUCT.  SOME STATES AND JURISDICTIONS DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, OR THE DISCLAIMER OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS AND DISCLAIMERS MAY NOT APPLY TO YOU.

 

SAMSUNG MAKES NO WARRANTIES OR REPRESENTATIONS, EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, AS TO THE QUALITY, CAPABILITIES, OPERATIONS, PERFORMANCE OR SUITABILITY OF ANY THIRD-PARTY SOFTWARE OR EQUIPMENT USED IN CONJUNCTION WITH THE PRODUCT, OR THE ABILITY TO INTEGRATE ANY SUCH SOFTWARE OR EQUIPMENT WITH THE PRODUCT, WHETHER SUCH THIRD-PARTY SOFTWARE OR EQUIPMENT IS INCLUDED WITH THE PRODUCT DISTRIBUTED BY SAMSUNG OR OTHERWISE.  RESPONSIBILITY FOR THE QUALITY, CAPABILITIES, OPERATIONS, PERFORMANCE AND SUITABILITY OF ANY SUCH THIRD-PARTY SOFTWARE OR EQUIPMENT RESTS SOLELY WITH THE PURCHASER AND THE DIRECT VENDOR, OWNER OR SUPPLIER OF SUCH THIRD-PARTY SOFTWARE OR EQUIPMENT.

 

Nothing in the Product instructions or information shall be construed to create an express warranty of any kind with respect to the Products.  No agent, employee, dealer, representative or reseller is authorized to modify or extend this Limited Warranty or to make binding representations or claims, whether in advertising, presentations or otherwise, on behalf of SAMSUNG regarding the Products or this Limited Warranty.

 

This Limited Warranty gives you specific legal rights, and you may also have other rights that vary from state to state.

 

What is the procedure for resolving disputes? 

 

ALL DISPUTES WITH SAMSUNG ARISING IN ANY WAY FROM THIS LIMITED WARRANTY OR THE SALE, CONDITION OR PERFORMANCE OF THE PRODUCTS SHALL BE RESOLVED EXCLUSIVELY THROUGH FINAL AND BINDING ARBITRATION, AND NOT BY A COURT OR JURY.  Any such dispute shall not be combined or consolidated with a dispute involving any other person's or entity's Product or claim, and specifically, without limitation of the foregoing, shall not under any circumstances proceed as part of a class action.    The arbitration shall be conducted before a single arbitrator, whose award may not exceed, in form or amount, the relief allowed by the applicable law.  The arbitration shall be conducted according to the American Arbitration Association (AAA) Commercial Arbitration Rules applicable to consumer disputes.  This arbitration provision is entered pursuant to the Federal Arbitration Act.  The laws of the State of Texas, without reference to its choice of laws principles, shall govern the interpretation of the Limited Warranty and all disputes that are subject to this arbitration provision.  The arbitrator shall decide all issues of interpretation and application of this arbitration provision and the Limited Warranty. 

 

For any arbitration in which the Purchaser's total damage claims, exclusive of attorney fees and expert witness fees, are $5,000.00 or less ("Small Claim"), the arbitrator may, if the Purchaser prevails, award the Purchaser's reasonable attorney fees, expert witness fees and costs as part of any award, but may not grant SAMSUNG its attorney fees, expert witness fees or costs unless it is determined that the claim was brought by the Purchaser in bad faith.  In a Small Claim case, the Purchaser shall be required to pay no more than half of the total administrative, facility and arbitrator fees, or $50.00 of such fees, whichever is less, and SAMSUNG shall pay the remainder of such fees.  Administrative, facility and arbitrator fees for arbitrations in which the Purchaser's total damage claims, exclusive of attorney fees and expert witness fees, exceed $5,000.00 ("Large Claim") shall be determined according to AAA rules.  In a Large Claim case, the arbitrator may grant to the prevailing party, or apportion among the parties, reasonable attorney fees, expert witness fees and costs.  Judgment may be entered on the arbitrator's award in any court of competent jurisdiction. 

 

This arbitration provision also applies to claims against SAMSUNG'S employees, representatives and affiliates if any such claim arises from the Product's sale, condition or performance.

 

Purchaser may opt out of this dispute resolution procedure by providing notice to SAMSUNG no later than 30 calendar days from the date of Purchaser's original purchase of the Product.  To opt out, Purchaser must send notice by e-mail to optout@sta.samsung.com, with the subject line: "Arbitration Opt Out."  Purchaser must include in the opt out e-mail (a) Purchaser's name and address; (b) the date on which the Product was purchased; (c) the Product model name or model number; and (d) the IMEI or MEID or Serial Number, as applicable, if Purchaser has it (the IMEI or MEID or Serial Number can be found on the Product box; (ii) on the Product information screen, which can be found under "Settings;" (iii) on a label on the back of the Product beneath the battery, if the battery is removable; and (iv) on the outside of the Product if the battery is not removable).   Alternatively, Purchaser may opt out by calling 1-888-987-4357 and providing the same information.  These are the only two forms of notice that will be effective to opt out of this dispute resolution procedure.  Opting out of this dispute resolution procedure will not affect the coverage of the Limited Warranty in any way, and Purchaser will continue to enjoy the benefits of the Limited Warranty.

 

Severability.

 

If any portion of this Limited Warranty is held to be illegal or unenforceable, such partial illegality or unenforceability shall not affect the enforceability of the remainder of the Limited Warranty.

  • 1. Re: Open Letter to T-Mobile
    thefishhawk

    it sounds like you spent more than $20 and a shipping fee in time doing all that. 

  • 2. Re: Open Letter to T-Mobile

    LOL! Nah, I am just trying to understand the reasons behind them including info and policies within a contract/agreement without actually letting customers know BEFOREHAND.... It has nothing to do with the amount of money or shipping fees.

  • 3. Re: Open Letter to T-Mobile

    I have the same problem with this company, it's not about the $20 but the principles, they can't just charge customers whenever they want, that's why there's a contract terms and conditions, the customer service here is really sux. They've been sending me refurbished phones for like 6-7 times and none of them functioned well, I didn't know i was supposed to pay $20 until i remove the insurance on the phone and i was suprised since the phone is still less than a  year, and I spoke to the supervisor named Amanda, she was rude and so unhelpful, so I went to tmobile store, the clerk said they have procedure that tmobile should have sent me a NEW phone not refurbished after 3-4times, but of course nothing she can do I still was told to call the customer care that of course always took me 50mins to an hour until somebody attend to my calls. Such a waste of time and energy. I'm cancelling my plan as soon as it dues. All other carriers if your phone broken within a time of warranty you can always bring back to the store and have it replaced with a NEW one. With Tmobile so much hassles and the store will tell you to call customer care (which take so much of your time until someone pick up the call) and of course you will get your phone not right away it will take about 5-7days and then it is gonna be a refurbished phone which gonna break anyway soon and you will repeat the same cycles again as long as you stay with them. All they care about only our money. And more hidden charges they are now having that I was not aware of, I was aware for late payment fee, but i was out of the country once and didnt do my payment until the service was suspended, I found out i was charged the fee of $20-25 (not really remember the exact amount) to restore the service. I have been their customer since 2004, they were once good, but not anymore. Just wonder if anyone from Tmobile ever responded to your letter?

  • 4. Re: Open Letter to T-Mobile

    you can call the manufacturer directly if you dont want to be charge a $20 fee. 

  • 5. Re: Open Letter to T-Mobile
    smallwonder2003

    I have the same problem with the company's  insurance...their customer service sucks.... I have a prepaid  phone and have been paying $8 a month for insurance since I  got the phone 2 years ago, contact customers  service they said you don't have insurance, yet they can see  I have been charge for it for two years. I ask for a refund or allow me to get me a new phone value around the amount. I spoke with T-mobile and Assurance both companies say the other is responsible for the $8 fee  and is unable to give me a refund. I am not able to get a phone which is what the issuance was for nor will the company repay for the $8 they charge to my phone the last two year. Horrible company....will be looking for a new company asap.