i was about to buy that phone on a contract but i will no go with Samsung you have 90 days, possible Google may release updates for existing mobiles,but they may stop doing this which means the security updates may make the phone unsafe to do things like online banking and other things i would get a good security app if i owned a that phone just in case
Having purchased a Huawei P30 pro on a 24 month contract the day before the news of the ban I feel so ripped off.
i contacted optus the next day after hearing the news, remember my contract was 1 day old !
And asked to change phones......was fobbed off and told to sit and wait! I have kept all records of their conversation showing the date and time and that the contract was 1 day old.
i went into a store and told same thing!
‘I was also told that optus would contact me, and never did....still waiting.
‘I use google drive for my work, and the phone is my major tool for work. I think that as a customer with a very clear concern that this attitude from optus is appalling.
‘I’m paying for a phone that I had for 1 day before they slashed the price, and told that I may or may not have security or google service.....still waiting to see.
‘I have all my services with optus and have has for over 15 years, I m nothing to them, they have made that perfectly clear.
‘I have been advised to go through the telecommunications ombudsman, and I will, but a shame that the only way to be heard is to do this.
So you feel that a fear that something bad might happen one day is reasonable grounds for reneging on a contract? Can I suggest that when you have something more concrete to complain about that would be the point where you could ask Optus to take action? Note Optus have sold you the phone in good faith and everything they promised you is exactly what they have delivered. Your phone is 100% functional (Google Drive included)
FWIW the TIO deals with contractual disputes. Submitting to them that your 100% working phone is somehow a breach of contract is unlikely to gain much traction IMO.
You don't have a leg to stand on, from a legal point of view Optus aren't at fault because this whole situation is out of there control..There is a lot of false info out there at the moment and if optus are going to do anything it's going to be a customer relations and goodwill exercise not a have to/legal thing.This is all a wait and see thing unfortunately and there's not much else that can be done until the 90days reprieve is up.However from a legal point of view Optus are in the same boat as the consumer,the situation is out of there control,so it's no point threatening them IMO
I agree that's currently the case with Hauwei phones, but factors beyond a companies control is generally not a valid excuse for not providing promised funtionality. Optus (and most other Telcos) spent the better part of a year telling customers that it was the NBNs fault that their internet speeds were so slow. This may or may not have been the case but the ACCC made it quite clear that if Optus promise something then they are responsible for its delivery, even if that has factors beyond their control.
I suppose the question will be just how much the change in google / security updates does impact. I agree with you that its likely to be more a public relations exercise than a legal one, but I'm always aware that companies don't like setting a precedent on blanket reasons for returning cash if they can help it.
As with any product, the device has to be fit for the purpose intended
Consumer law provides protection in this case.
Optus may not be in breach of contract, but consumers have high expectations that the device will be software supported after sale. I believe that the tio or accc or some ombudsman will rule in favor of the consumer in this case.
Yes I wondered as much a while back. You prompted me to have a peek and funnily enough the Optus Mobile phone contract expressly deals with this issue:
15.3 What happens if you can't fulfil your obligations or we can't fulfil our obligations under the agreement because of an event outside your or our control?
(b) If an intervening event occurs which affects us (or any of our personnel) from performing any of our obligations under the agreement (other than an obligation to pay money), then we will not be liable for failing to perform that obligation. We must notify you of the intervening event and use our best efforts to resume performance in accordance with the agreement as soon as reasonably possible. Your obligations continue during the intervening event, except if you are not able to perform your obligations because we are unable to perform our obligations due to the intervening event.
So reading that, Optus seem off the hook for this issue (and the customer is still required to pay out the contract). Of course none of this kicks in until the Hauwei ban actually takes effect and both Hauwei or Optus might offer a remedy anyway. IMO it might be fair to share the 'hit' and Optus could offer early upgrades to users for say $300 (for example). Those phones chould be re-sold in other markets to mitigate any loss and the world moves on. Just an idea though.
Somehow I don't think optus will exercise this right in the event of it,I actually think they will offer a swap as the customer backlash would be too great.Maybe even refurbished handsets of similar value.Not many people are aware of these clauses in some contracts but they are there, although open to interpretation if both parties agree.