can sprint really void warranty/insurance for software

[doylecm]

I was really interested in this thread because everybody here appears to be half right and half wrong. I am no law student, but I was reading the Magnunson-Moss Act and it appears that this would only concern the warranty on the phone issued by HTC and not the limited warranty from Sprint. Pierocksmysocks used the analogy that if you use aftermarket parts on your brand new car, it voids the warranty. This isn't always the case. If its a "full" warranty, The Act states that the warranty can only be voided if the aftermarket parts directly caused the failure. Think about all the aftermarket bulbs, tires, rims, radios and filters we buy over the life of our vehicle. Now as far as TEP goes, that is a service contract and according to the Act, a service contract is a written instrument in which a supplier (Sprint) agrees to perform, over a fixed period of time or for a specified duration, services relating to the maintenance or repair, or both, of a consumer product. Agreements that meet the statutory definition of service contracts, but are sold and regulated under state law as contracts of insurance, do not come under the Act's provisions. Now, if the warranty card that comes with your phone is from Sprint and not HTC, then it most likely is a limited warranty and is stated as such. So, I think that not only does the M-M Act not apply in this case, but Sprint is also legally within their rights to refuse service under the guidelines of the warranty if they see that the phone has been altered. I do however agree that if you take your phone in for a hardware issue, it shouldn't matter what software or ROM you have and vice-versa. But I don't write the warranties, contracts or laws.

Also, on a personal note, it bothers me that some people feel that they need to berate another person when they state something that is incorrect. We as a community should work to inform the uninformed, not make others feel like less of a person because they misunderstood or misread something.

[elmerfudpucker]

Originally Posted by doylecm

Also, on a personal note, it bothers me that some people feel that they need to berate another person when they state something that is incorrect. We as a community should work to inform the uninformed, not make others feel like less of a person because they misunderstood or misread something.

Agreed, one thing I like is it doesn't happen here as much as on other forums. The admin keeps the flamers here on a short leash pretty well on that respect. Best way to handle what you think is incorrect info is to state what you understand to be right, not beat someone down. Most of the time there is too many different variables and what is "not" supposed to work for you somebody thru "other means" got it to work. Unfortunately Sprint, like other companies can get away with the warranty issue is due to the fact that they have better paid lawyers.

[ryan00davis]

wow, i was gone for a couple days on interviews and my thread became somewhat popular. haha.

well, it was a good read, and im glad to know that at least some of you were in the same mindset as me. as for the auto repair one, i definitely knew that it was the case that aftermarket parts do not void the warranty. in this specific case, they did replace my phone, but it took 3 trips to do so. first trip they said that my warranty was void, second trip was just for them to verify that my phone was back to win mobile 6 and then finally a third trip to pick up the new phone that they had to order.

[[sammich]]

Originally Posted by schettj

always reflash to a stock rom before going in... if its unflashable, hit it with a hammer.

Haven't seen you in a while, schettj!

Anyway, you always have a way to make us smile

Originally Posted by buddhatikkigod

Is going from Wm5 to 6 comparable to XP to Vista or more comparable to XP Sp2 to XP SP3? If so then it makes sense that its legal as its just a software patch but is there anyway MS would want cash for an upgrade? its strange to me the more i think with all those other phones out there with their propreietary (yet very good) operating systems and then we have MS who makes ones of the best for the phones but they dont make a phone, does MS make money developing WM?

+1 Very good point. MS would not release something that would damage your phone. But yet, I still do think it is kinda in their right to void your warranty if you are using completely customized ROMs.

[finesse]

Originally Posted by flyers2114

There are many ways to avoid the deductible even if you cannot get it back to stock.....it shouldnt be a problem downloading the stock rom though....dont worry about re-locking....

why shouldnt we worry about re-locking? i mean wouldnt technicians see this?

my problem, which i've put on here is im tryin to have everything stock. i went from wm6 to wm6.1 with gps and then i flashed olipro 2.40 and did the custom rom thing for a second and didnt like it. then put on the wm 6.1 gps official rom. only thing i cant seem to do is change tho bootloader.

on a side note, anytime my sprint phone would act weird, i'd tell them and they'd send me a replacement and i would send the nonworking phone in exchange. I just dont want a tech to look at it and say "he voided the warranty" and charge me some fee.

[dette]

Originally Posted by finesse

why shouldnt we worry about re-locking? i mean wouldnt technicians see this?

my problem, which i've put on here is im tryin to have everything stock. i went from wm6 to wm6.1 with gps and then i flashed olipro 2.40 and did the custom rom thing for a second and didnt like it. then put on the wm 6.1 gps official rom. only thing i cant seem to do is change tho bootloader.

on a side note, anytime my sprint phone would act weird, i'd tell them and they'd send me a replacement and i would send the nonworking phone in exchange. I just dont want a tech to look at it and say "he voided the warranty" and charge me some fee.

EDITED OUT BY ME!!! SORRY FOR RESURRECTING THE THREAD...