Haier refuses warranty of defective set [RESOLVED]. Review on Haier E619

[Issue resolved - Updated on 11-Nov-2016]

Continuation from Original post, below .

Literally, I had to rage a war, telephonic and online, against Haier officials that ultimately yielded me a fruitful result. After a great endeavour ultimately, I have got my set repaired by the Haier free of cost.

Initially, the Haier officials was in their opinion that since the mobile set(Haier E619) carried Reliance logo therefore, Reliance Communication should be responsible for the after sales service of the set within free warrantee period, not the Haier Mobiles. The Haier officials alleged that Reliance ordered to manufacture these sets in Haier’s China factory about two years ago. As per the contract between them, these sets carried 18 months manufacturer warrantee that already expired about two months ago, the set was sold late without considering the fact that the warrantee of the set would expire much before completion of 1 year from the date of its final sale. Reliance ought to have sold the set much earlier or not to sale the set at all after said time limit.

Therefore, instead of getting my set repaired soon, I was rather put to nullify Haier’s said allegations and to defend my case so that the set can be repaired free of cost within its normal manufacturing warrantee period. I have agreed with the allegation of Haier officials to some extent that Reliance has acted improperly in selling the set late that ultimately put both of us in jeopardy, also conveyed my sympathy to Haier officials on humanitarian grounds.

However, as per the warrantee card, the said mobile set covered manufacturer warrantee of 1 year, the sales brochure of the set also indicated the same. As a buyer of the set, legally, I cannot hold Reliance responsible for the providence of warrantee of the set except holding the manufacturer(Haier). The reason being that neither this buyer bound by the contract entered between Reliance and Haier nor the warrantee card mentioned anything about said contract between them that could have bind this buyer. Had Haier mentioned alternative condition of warrantee of the set in warrantee card, the set probably would not have either sold by the final seller nor would the buyer have bought it. Therefore, the responsibility to provide the warrantee service entirely rests on Haier. I was desperate in rising my voice against that, warned them to take the matter legally. Finally, they have called me and agreed to repair my set free of cost that may take months. Ultimately, Haier have taken about two months, repaired my set to my satisfaction free of cost. Haier has kept its promise to repair my set by the time I have got it delivered; I have bought a new 4G set not of a Haier brand but another. Had Haier repaired my set without raising any irrelevant questions, probably I would have bought a 4G set of Haier make, if not instantly but may be on a later occasion.

Whatever, I don’t find enough reason why Reliance always puts its logo almost on all sets it sales but manufactured by other brands, the very act definitely diminish a manufacturer’s dignity merely for a fake ego of a telecom provider. Sadly, India appears to be a dumping ground, anything can be sold here.

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ORIGINAL POST

The following email reflects how deficient Haier Mobiles is,  and they refused to honour warranty for a defective Mobile set, Model E619.

To, (1) Haier Appliances India Pvt Ltd, New Delhi - 110020. "Haier Customer Care"

AND

(2) RUN Service Inforcare Pvt. LTD., AMBIT IT Park, 4th Floor, Module D, Ambattur, Chennai - 600 058, "Haier Mobile Customer Care",

AND

(3) “Service - Eastern Region", "Haier Service Head", "Haier Mobile Device" Prateek.singh@haierindia.com,

Dear Sir/s,

1. In response to my last email, you have replied that your data base, for the model E619, says the phone is out of warranty, whose MEID A1000067 and  IMEI 864994682, Warranty End Date 4/20/2016. Your have agreed to provide me service but with service charge, you said, “the mobile is out of warranty.”

   
   




2. However, the sales invoice, document or the bill(No. S0E192/15-16/6952) determines the date of sale(15-Mar-2016) and the transaction between you, the manufacturer/ distributor/ seller of the mobile set and me, the end user/purchaser of the mobile – it was purchased by the end user for some value mentioned on the invoice.

   
   




3. Therefore, irrespective of the last date of warranty that your data base might wrongly be showing(4/20/2016); it is not relevant but what relevant is the actual date of warranty determined from the date of transaction mentioned in said sales invoice(15-Mar-2016). The phone model E619 cannot be out of warranty at this stage, as you said, but it is very well within the prescribed warranty period(1 Year). 4.     Moreover, your offer is that the mobile device is having one year Haier brand warranty of device & 6 months for inbox items, also it is written on the warranty card of the mobile device purchased by this end user. Besides the above, your website still displays, “Haier has estaRobotouchshed 300 service center supports to handle service requirements and offers 1 year warranty for all devices”. Reasonably, you ought to provide assured warranty to this end user.

   
   




4. You must be aware that a warranty is relevant and may only start from the time of purchase of the good by this end user, for its usage, while starting of warranty is not relevant during its distribution cycle, between the manufacturer and the end user. Therefore, your statement that the mobile is out of service is not acceptable on said reasonable grounds.

   
   

Therefore, you are requested to arrange free warranty service(well within warranty period) for said mobile set, otherwise, you will compel me to seek alternative remedies, please note.

Thanks & regards,

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Same Date 2.46PM:

Haier official rejects warranty with the reply that states, “These devices have been specially manufactured on the order of Reliance, and this model has been imported and sold exclusively by Reliance communications in India. We have given 18 months warranty from the date of manufacturing to Reliance to cater the warranty customers, after this period the warranty support responsibility lies with the importer and seller of the product. In case if you have any issue related to warranty please get in touch with Reliance communication.”

Accordingly, I have read the above reply carefully but made it invalid with the following reasonable grounds.”

“Dear Sir,

I have noted and carefully read your last reply following, and I thank you for the same.

In this regards, I am to intimate you that it is well known to me that Reliance imported the sets, in fact I am very concerned about inappropriate dealings of Reliance, not only for the instant issue, but for other matters too. While your concern about irresponsible business practices by Reliance is very understandable to me, indeed, but if, going beyond my capacity, I am forced to render justice to it then I will have to suffer loss for no fault of my own. Myself an end user while you, a company, probably won’t be prejudiced to a customer when such a loss neither reasonable nor bearable to him.

The set is very new and this customer already suffering from untimely withdrawal of CDMA, 3G services from Reliance but I can survive with the remaining facilities the set provides to me!

1. However, if I am to consider your presentation email following, considering distribution cycle, the legal aspects of a consumer, its rights or the elements of a valid contract then, me as an end-user of the good(mobile) and also a valid purchaser, do not fall in the cycle of distribution of the good, hence cannot be held responsible for anything in the cycle said, rather enjoy the service of the good purchased by this end user for the value mentioned on the invoice. As per these reflections, the responsibility of warranty rests on Haier Mobiles, India but none. I have confirmed with the online eCommerce portal concerned and they have again directed me to the Service Centres of Haier India for availing the support during the warrantee period.

   
   




2. Moreover, the warranty of the good(mobile) considered on the basis how the nhassurance of warranty given by the manufacturer to an end user at the time of its final sale, irrespective of the fact who imports it or what after sales service arrangement made by the importer with the manufacturer, the end user will have no information on this, the responsibility of warranty rests on the manufacturer and the quality of manufacture, where there is the arrangement of after sales service made by Haier India - those I have described in my last email.

   
   




3. Besides the above, you have stated to be given 18 months warranty from the date of manufacturing to Reliance but it may be an understanding between the manufacturer and reliance but the end buyer purchase a good not knowing whatever understanding was made between other and there is no mentioning in the warrantee card that states such warrantee must be availed by an en user within a specific time of 18 months from the date the manufacturer as alleged. Therefore the end-user cannot be bind for a contract warranty not entered by his with the manufacturer rather he should consider and enforce his right of availing warrantee as it is mentioned in the warrantee card, comparing with the sales brochure.

   
   




4. Had the manufacturer manufactured the product against a specific contract with an importer, it should have clearly mentioned in the warrantee card so that the appropriate person can be held responsible by an end user through the sales contract, but in absence of the same the manufacturer remains responsible for the providence of warrantee, for that it is written on the warrantee card too for the after sales support of the product they manufactured. As a manufacturing company it is expected that you have proper legal reflections in every dealings.

   
   




5. You have already provided demonstration support for the product without raising any of these issues earlier. Now you cannot really re-impose new conditions, injurious to an end user. Therefore, considering reasonability of the above stated facts and circumstances, I do not find that your last email has any good material that could have changed my demand for after sales warrantee. And I stand on the same demand I made in my initial email.

   
   

I shall appreciate you and again requested you to provide me warrantee as it is mentioned in the warrantee card.

Thanks & regards

CONTINUED AT THE TOP.