Lucine's Auto Sales and Leasing, Inc.

Initial Business Response /* (1000, 5, 2015/09/03) */
Contact Name and Title: [redacted]
Contact Email: [redacted]@motorola.com
I have spoken with the customer several times regarding this same issue. The customer's first request was for a refund which was denied. Motorola's warranty states; "If a...

covered defect or damage arises and a valid warranty claim is received within the applicable Warranty
Period, Motorola, at its sole option, unless otherwise required by applicable law, [redacted] either (1) repair, at no charge, the defect or damage using new, used or reconditioned/refurbished functionally equivalent replacement parts; or (2) exchange the Product with a replacement Product that is new or which has been reconditioned/refurbished or otherwise remanufactured from new or used parts and is functionally equivalent to the original Product; or (3) refund the purchase price of any Products covered by the terms and conditions of this Limited Warranty.
It states that it is Motorola's sole option which of these options [redacted] be offered. Since we have repair and replacement options available a refund [redacted] not be offered. The full warranty can be located at the following: https://motorola-global-portal.custhelp.com/euf/assets/downloads/MOTOROLA%20MOBI...⇄ /> The customer was instead offered a replacement. The customer's first replacement device was a new device. Motorola made an exception for the customer by providing a brand new device rather than a repair of the current device or a certified like new replacement device. The customer was unhappy with the device as the seal had been opened and there were scratches on the screen protector so he felt that the device was not new. The customer again requested a refund which was denied. He was offered another brand new replacement.
Motorola's corporate office opened the box of the brand new replacement to take pictures of the device. Since the customer had experienced issues with the first replacement device Motorola took these pictures for documentation purposes. The device is still a brand new device and has never been used. The customer was informed that the box had been opened for this purpose and he is unwilling to accept it. He states that because the box was opened the device is no longer new.
The Amazon definition the customer provided does not apply as Amazon is a separate company and does not follow the same policies or procedures of Motorola.
We are willing to honor to customer's request for a brand new phone as an exception to normal policy. However, the device we [redacted] provide [redacted] have the seal opened. If the customer is not interested in receiving this device we [redacted] be unable to assist him further and Motorola [redacted] consider this matter resolved.
Initial Consumer Rebuttal /* (3000, 7, 2015/09/04) */
(The consumer indicated he/she DID NOT accept the response from the business.)
The heart of the dispute is the definition of a brand new item. I think items that have factory seals are only considered new when the factory seal is in place. Once the seal is broken, the item can no longer be considered new. In Canada, the item would be considered Open Box and cannot legally be described as new.
I have never heard of a Business consider a broken seal as a new item. Amazon (the largest retailer in the world) has defined new and their definition is consistent with my understanding - see my original complaint for their definition. In fact, Motorola ships new devices with the seal in place (i.e. they do not break the seal before shipment which is what Motorola is offering). I know this because when I originally purchased my new device, the seal was in place. I would not have accepted it if the seal was broken.
I do not accept a broken seal as new.
Final Business Response /* (4000, 9, 2015/09/09) */
I have personally spoken with this customer several times in regards to this same issue. It is the customer's opinion that the seal on the box being opened changes the fact that the product is new. Amazon's definition of the word "new" is not relevant as Amazon is a separate company. Since they are a separate company they do not follow the same policies or procedures as Motorola.
The customer already received a brand new replacement as a one time exception. He was unhappy with the device as he did not feel it was new. We agreed to send the customer one more new device. However, we informed him that due to the issues with the first replacement we would be opening this device to take pictures of it before shipping it to him. These pictures are needed for documentation purposes for Motorola. The device is still a brand new device and has never been used.
If the customer is not willing to accept the brand new device we are offering, with the opened box, we [redacted] be unable to assist him further and [redacted] consider this matter resolved.

The customer's original device IMEI 351880080253669 was model number MOTXT1650MRG. The customer's replacement device IMEI 351880080304264 is model number MOTXT1650MRG. The devices are the same. Therefore, we consider this resolved.

Complaint: [redacted]
I am rejecting this response because:This is not a warranty issue, this is a "You rendered my device unusable, you must pay me to replace it" issue. You broke my watch and I EXPECT you to pay for it. Just as if you had accidentally driven over my bike or hit a baseball through my window, you would be liable for that damage and loss of use. YOUR actions have rendered MY device unusable and I need to replace it as a result of YOUR actions. If you had released the software as open source, we wouldn't be having this conversation, but you didn't. Now I am demanding you pay for my watch that you broke. What is so hard for you to understand about this?
Sincerely,
Keith [redacted]

Revdex.com:
I have reviewed the response made by the business in reference to complaint ID [redacted], and I will wait for their call and possible solution before closing this complaint Thank you[redacted]
Sincerely,
[redacted]

Revdex.com:
I have reviewed the response made by the business in reference to complaint ID [redacted], and find that this resolution is satisfactory to me.
Sincerely,
[redacted]

Revdex.com:
I have reviewed the response made by the business in reference to complaint ID [redacted]. They have reached out to me via email with the following response: "Hello [redacted], I'm contacting you regarding your...

Revdex.com case. I'm sorry to hear about your device and the delay in getting a replacement out to you. We are unable to send your device back to, I apologize for any inconvenience. I have placed an order to ship a device out to you. Your order number is [redacted]. I will let you know once it ships out. If you have any questions please let me know. Kind Regards,[redacted]Motorola Customer CareExecutive Customer Relations Department" I find that this resolution is satisfactory to me. Thank you for your help in getting this issue resolved!
Sincerely,
[redacted]

We apologize for any inconvenience. The customers RMA did not process. An email was sent out to the customer on 4/20. However, it does not look like it was delivered. We would be happy to repair/replace the customers device. However, if it has physical damage it is not covered under the warranty and...

the customer will have to pay the physical damage fee.

Complaint: 11706718
I am rejecting this response because: neither the online reseller (Blinq) nor the original manufacturer are honoring new product warranty which is offered on all new products.
Sincerely,
Peter [redacted]

Revdex.com:
I have reviewed the response made by the business in reference to complaint ID 11125242, and find that this resolution is satisfactory to me.
In the future I'd hope you avoid such need for third-parties and simply honor your commitments.
Sincerely,
Todd [redacted]

Revdex.com:
I have reviewed the response made by the business in reference to complaint ID [redacted] and find that this resolution is satisfactory to me.
Sincerely,
[redacted]

Complaint: [redacted]
I am rejecting this response because: see previous statements. A shame to have invested in products that a company will not stand by when a defect occurs; despite timeframe, customer service should be a fundamental for any business. Appalling to see that Motorola has no desire to resolve this issue.
Sincerely,
[redacted]

Complaint: 11120262
I am rejecting this response because:  I cannot accept until I have my 32 gb Moto X Phone in hand as well as a refund for being double charged for a deductible for $41.86 on...

9/18 and 12/24.  Additionally they also charged me on 2/5 for $107.38.  Once everything is refunded and I have a phone in my procession I will accept the response.  
Sincerely,
Debra [redacted]

Complaint: [redacted]
I am rejecting this response because:  I have presented sufficient explanation of my experience.  Any reasonable arbitrator will see through the false information and cover up on the part of Motorola. A respectable company would have admitted their failure of customer service, apologized and tried to make it right.  You have to admit how comical it is that for 2 weeks they tried to get me to accept inferior replacements and never made mention of any bootloaders or void warranties?  Also funny how they have no explanation for this as well.  I have confirmed with a technician who knows more about the false technical accusations made by motorola then I do.  She ensured to me that my bootloader is locked and my phone has original firmware images...I don't know exactly what that means in technical terms aside from that it confirms the lie and cover up.  I wish to reject Motorola's conclusion and hopefully this incident can be available to the public when searching for information to guide them on a new purchase.  I plan on researching and donating the phone to [redacted] or another good cause to try to find some positive in an otherwise horrible experience.
Sincerely,
[redacted]

Complaint: [redacted]
I am rejecting this response because: In the manual there is a number for repairs. Nothing about it being under warranty. Furthermore when I spoke to [redacted] she suggested that I have the battery replaced by a non specialty store. It says right in the manual to not do this for it can damage the unit even further. I was told to do something that would have damaged it more. Not a way to satisfy a customer!
Sincerely,
[redacted]

Our accessory team will be reaching out to the customer to set up a replacement.

I have attempted to reach out to the customer and am unable to get in touch with them. Below is the email response we have been sending. Hello Andrew, I'm contacting you regarding your Revdex.com case. I'm sorry to hear about the trouble you are having with your device and apologize...

for any inconvenience. I do see that you requested to cancel your RMA because your device is now working. Please correct me if this is incorrect. If this is incorrect we will need you to go through trouble shooting with our Level 3 Technical Support to see if there is something that is causing/something that can fix you with your crashing apps and battery issues. Our Level 3 Technical Support Team is available Monday - Friday from 8 AM - 6 PM CST. I would be happy to setup a call back for you with them. Please let me know the best phone number and time they can reach out to you at. If the trouble shooting is unsuccessful I would be happy to process a new RMA for you. I have spoke with our repair center and they do have a limited supply of your model available and I have requested them to set one aside for you if needed. Please let me know if you have any questions. Kind Regards,AshleyMotorola Customer CareExecutive Customer Relations Department

The customer's phone has shipped via [redacted] tracking number [redacted]. We will be updated the customer when the Power Pack ships.

The device is shipping today via [redacted] tracking number [redacted].

It does not matter how far something was dropped for the glass to break. It may break easier if dropped a certain angle, etc... We would be happy to assist the customer with our warranty options. If the customer wishes to follow out warranty options they must by the out of warranty fee. If the customer does not wish to do so we consider this resolved.

We would be happy to assist the customer with trouble shooting the devices to see if the issues can be resolved. If the issues are unsolvable we would be happy to discuss repair/replacement options. A refund is not an option at this time. If the customer would like to go through the trouble shooting...

they may contact customer service at 800-734-5870.