[Marc_Paradise]

I'm in a bit of a bind here, and am hoping for some good advice.

I purchased my Torch on 8/13; and got a warranty replacement on 8/29 in-store, because the device kept overheating and shutting down while using the camera.

The replacement did not have that problem, but it *does* have an issue where the slider is "sloppy"-- it shifts side to side, and tapping the screen causes an audible "clacking" noise. It's done this from the start; but I figured it was not so bad, and I realllly didn't want to go through the hassle of changing PIN again and reinstalling all my apps, etc.

THere's no physical damage to the device, nor any indication of the same. It has literally been like this since I opened the box, though I didn't notice until I really started using it heavily 1-2 days after receiving it.

Unfortunately, it's not something I can get used to. It's annoying and really makes the phone unpleasant to use as a touchscreen. Last night I brought it back to the AT&T store. They said that the 30 day in-store replacement is only good from the date of purchase (not date of replacement), and that I'd have to call for warranty service.

So I did this, and - after about 30 minutes of describing the issue, explaining why I didn't turn it in immediately, waiting on hold, etc - he said he agrees it's an issue; but it *is* covered under the 30 day warranty, as that counts from the date of the replacement phone. He told me I have to go back to the AT&T store; I asked him to note the account with this (he did) and I returned to the AT&T store in the morning.

The rep told me I have to call warranty service; when I explained that's what they told me yesterday, and that warranty service sent me back to the store, he said warranty service was wrong. I told them they had to call to resolve that, as I didn't have time to keep bouncing back and forth.

They did so; when they got off the phone they told me that the warranty center had determined it was physical damage and it was not covered. Note that the only person to have seen the phone (which is pristine - NO damage to it) was the in-store rep. While I can't prove it, I don't see how the warranty center could have "determined" this unless the in-store rep answered "yes" when asked if there was physical damage.

He then said he was going to "check with his manager" - went behind a closed door, came back, said that because it was physically damaged there was nothing that the store could do.

All I want is a phone that is constructed properly (as my first one was, and as the floor model is -- thus I know that this isn't an issue with all Torch devices, but is a defect in the one I have). If I call the warranty service again, they'll just send me back to the store. Apparently if I go to the store, I'll just be told I broke the phone.

So my questions are as follows:
1) Is the device covered 30 days from when it was replaced in-store? Or from date of purchase? (What I am reading on the AT&T warranty page seems to indicate the latter- but then why would the service rep on the phone tell me to bring it into the store?)
2) In any case, how do I protect myself from being charged for a "physically damaged" device, since this device has been handled with kid gloves and has NO physical damage - only a defect which has been present from day 1?

I really love the Torch, and until now I've had very little complaint with AT&T service (other than a crappy 3g signal at work ) However, if AT&T is not honoring the warranty for a defective device, I don't think I'll have a problem getting out of the ETF by going to the state AG.

Any advice/suggestions are appreciated.

[Mister Xiado]

tldr

A rep would have told you to take the phone to the store to exchange for a NEW phone, as your first one was defective out of the box.

This is not a warranty exchange. Warranty replacements are almost always reconditioned equipment. Loose parts are not typically construed as broken.

Just remember that August has 31 days in it, so a regular warranty exchange may be required. Ask Customer Care about it to be sure.

[Marc_Paradise]

Thanks for clarifying; I had assumed that in-store or through the phone number I was given were both warranty. Basically I'm in the time period now where I *am* more than 30 days past date of purchase, but am 29 days from date of the original device exchange.

[Mister Xiado]

Be sure to mention that when you talk to a rep, because this is not a common exchange situation.

[Marc_Paradise]

So - net result was that I contacted Customer Care and explained everything; they did some digging then conferenced in Warranty Services. A refurb will be getting sent out to me -- ordinarily that would bug me, but considering that any refurb would have to come from a phone that was less than two months old anyway, I'm not too bothered by it. (Especially since the warranty coverage isn't truncated).

Thanks again for the info/advice Mister_Xiado

[mark_rivers19]

well a refurbished phone has been to more quality control than a brand new device..
that's why i don't have any problems buying refurbished as well.
and they have the same 1 yr warranty ( as far as Apple products) with a cheaper sticker price

[Mister Xiado]

No problemo.

Here's another warranty tip. If you receive a whole new phone from the warranty department, it still only carries either your remaining warranty, or a 90 day warranty... but if the warranty department or tech support see that the phone had never been used before the date you started using it, and if that date is less than one year ago, the phone is still covered by the manufacturer's warranty. Unless you're dealing with Apple.

With them, taking it out of the box is likely to have voided the ten minute warranty.