broken mobile phone screen

[johnor]

My phone fell out my pocket, breaking screen. I sent phone away for repair to Sony, got a E-mail back saying they received the phone and will check it over, this was on 21st of May. Two days later (23rd May) I received another E-mail saying that the damaged was covered by Sony limited warranty and that the part was not in stock and on order and as soon as the parts arrive in a few weeks time it will be fixed and return as a priority. After a few weeks and one phone call from me I then received a bill for £238 pounds. Phoned Sony again and was told that it was not covered by limited warranty. Had loads of phone calls since but don't seem to be getting any where that, they are investigating they said the E-mail was a mistake and that they could sent my phone back free of charge. I said I want it back fixed as agreed. Not sure what to do next, sure i'm in my rights as they have had someone check the phone then sent the E-mail saying i'm covered and they will fix it.

Any help please

 

[Tony]

Hi, if it fell out of your pocket it would only be covered if you had accidental damage insurance. Does the agreement you have cover accidental damage?

 

[johnor]

I didn't think i was covered at all, but when they sent a letter saying it was in warranty and it will be fixed, even if it was sent by mistake they still have to fulfill the contact.

Things moving forward at last now they want me to sign a waver to say they are right in the diagnostics and it was not in warranty and no claims can be made against them, and they will fix the phone for free as a good will guester. Dose this sound right? I'm happy if i get phone back fixed and no charge.

 

[ALewis]

A letter stating its in warranty and will be fixed does not constitute a contract.
A contract requires: an offer, acceptance & then consideration.

I could write a letter stating that I am the new prime minister and now require your salary paid into my bank account (bit dramatic), but this does not mean that you are contractually bound to fulfil my wishes.

I think that's a more than fair goodwill gesture, and I would certainly bite their hand off.