Q: Almost a year ago, I bought a mobile phone from a local retailer. A few days ago I noticed that the battery wasn’t charging well. At first I thought I needed to change it but then the phone started connecting and disconnecting on its own, showing it was charging when no charger was connected to it and powering on its own when switched off.

I returned the phone to the seller, who said it could be a USB port failure. He told me that as I had bought the phone over six months ago, its warranty only covers labour cost and that I would have to pay for the part.

Is this legally correct? I did not damage the phone and it is not a defect caused by frequent use.

From online searches, I have found out this is a very common problem in the type of phone that I have. In fact, the shop’s attendant confirmed that these phones are prone to USB port failures, but I was not informed about this possible defect when I bought the phone.

A: Since the defect in your phone has not been caused by misuse on your part and it is not the result of normal wear and tear, but a latent defect, then legally, as the phone was purchased less than two years ago, you are still entitled to free repair.

This legal right is over and above any clauses you may have in the commercial guarantee given to you by the seller when you purchased the mobile phone.

If a repair is not possible, or may cause you a significant inconvenience, you may request that the phone is replaced.

A money refund may be claimed when neither repair nor replacement are possible solutions.

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