Q: Around one year and a half ago I bought a mobile phone with a two-year warranty. Unfortunately, over the past two years it has developed several faults. The first problem occurred one year and three months into the warranty when the phone developed a fault in the charging port. The phone did not recharge and eventually went dead. After reporting the problem to the seller, the phone was repaired under warranty for free.

Just two months later the same fault arose and once again the seller accepted to repair it for free. Unfortunately, when the phone was received after the repair, I noticed that the camera was damaged and that the phone started turning on and off abruptly on its own. To avoid the inconvenience of a third repair I did not report this problem. However, a few days later the charger issue came up again. I took it to the seller and once again he agreed to repair for free.

Even though the seller has never had any issue with accepting to repair the faulty device, this is proving to be an inconvenience. The device is unreliable and it is highly inconvenient for me to stay without a mobile phone for a week or two while it is being repaired.

Given this situation, do I have a legal right to ask for a new phone? I fear that the seller will keep on repairing my current phone for free until the

warranty period runs out and then I will either have to pay for the repairs or buy a new one. 

A: Consumers who buy products that develop faults within two years from the date of purchase are legally entitled to request traders to provide them with a suitable free remedy. While consumers may choose between repair or replacement, consumer law also gives traders the option to select a remedy that imposes less costs on them. This often results in sellers insisting to repair a defective product instead of replacing it with a new one.

However, since in your case the seller has already repaired the faulty phone twice for the same defect and a third repair would cause you an inconvenience, you may now insist with the seller to provide you with a new phone.

You should however keep in mind that when the mobile phone is eventually replaced with a new model, since the replacement will be done under guarantee free of charge, it will not be covered by a new guarantee, but the original guarantee will continue.

It is important that you make your request to the seller in writing and if your claim is rejected then you may file a formal complaint with the Office for Consumer Affairs at the MCCAA.