Sale of Goods Act and mobile phones
I received a new Xperia Z3 Compact as an upgrade (on EE) on 28 April 2015. By mid July, it had developed a fault where the earphone jack did not recognise that earphones were inserted, making listening to music/radio impossible. I sent the phone off for a warranty repair to Sony, which I received back on 5 August. Less than 3 weeks later, the phone has developed the identical fault. The phone obviously has an inherent fault, and therefore I would argue that in terms of the Sale of Goods Act 1979 is not fit for purpose. EE are refusing to issue a replacement as I don't have it insured with them! They are instead insisting on another warranty repair. The last time I was without the phone for over two weeks while it was getting "fixed" and frankly I don't trust it any more. Are they obliged to replace the phone given that it's obvoulsy faulty?