So….. My phone has still not been fixed (since late February 2015) because DWI Digital Cameras (www.dwidigitalcameras.com.au) have refused to do so under warranty because it has water damage, even though the phone was advertised as being able to be used while swimming and is able to take photos underwater. This is in breach of Australian Consumer Law, in particular, the Fair Trading Act 1999. (https://www.accc.gov.au/consumers/misleading-claims-advertis…). For those who want to get technical on me, the Sony Xperia Z3 is certified to a IP68 standard - it's able to withstand being under 1.5m for 30mins. The pool that I used it in has a maximum depth of 1.2m. The manual says not to use it in salt water. The pool is a chlorine pool. This was the first time I had used it in the pool.
If you take a look at their warranty conditions (http://www.dwidigitalcameras.com.au/astore/Warranty-Informat…), they say:
"The warranty does not cover defects or damage resulting from accident, misuse, abnormal use, abnormal conditions, improper storage, exposure to liquid, moisture, dampness, sand or dirt, neglect, or unusual physical, electrical or electromechanical stress. " - so… don't use your phone unless you want to void their warranty. Honestly.. MOISTURE? DAMPNESS? DIRT???? XD
What has made it even worse is that - in order to determine that my phone has water damage, they sent the phone to their own non-authorised Sony dealer to open it up. In doing so, they have also voided my warranty. I have checked this with Sony and they agreed that because Sony's authorised dealer is unable to determine if the seals on the phone had failed due to a manufacturing error due to the phone having been opened up by someone else, my phone would not be repairable under warranty.
I've raised this with the NSW Department of Fair Trading (DWI's ABN is registered to an address in Sydney) and they haven't been able to resolve this issue with DWI. It seems that the only solution left to me is to sue DWI Digital Cameras to fix the phone and then send it to Sony's Authorised Dealer to be verified as warrantable again, and if not, they have to pay for it to be fixed so that it is warrantable again.
The only question is whether I can also claim the time that I've spent chasing up this ridiculous matter, as well as any court fees/costs involved in this matter. Any one have any ideas?
TLDR: My Sony Xperia Z3's screen died when I took it into the pool. DWI refuses to fix it under their warranty. In addition to fixing my phone, can I sue them for the time I've spent chasing this?
time spent chasing up , no. court fees/costs i believe so.