mobile phones (sale of goods act 1979) clarification needed

[vicious_sid]

On 08/08/07 I entered into a contract with T-mobile, a few days later the handset I received with this developed a fault and had to be replaced, with this t-moblie did quickly and graciously
However yesterday (30/09/07) my "new handset" died on me and on returning to the shop I was told that I was only eligible to have the handset repaired not replaced.

So I have reluctantly handed the handset over to be repaired but my contention was that "a reasonable amount of time" had not elapsed and therefore I was entitled to a replacement unit. Their opinion was basically tough sh*t. So could anybody please help me on this matter

Many thanks to all that read

Sid

[Oneeyedvic]

According to the DTI (Department of Trade & Industry):

Generally, the buyer needs to demonstrate
the goods were faulty at the time of sale.
This is so if he chooses to request an
immediate refund or compensation
(damages).
There is one exception. This is when the
buyer is a consumer and returns the goods
in the first six months from the date of the
sale, and requests a repair or replacement
or, thereafter, a partial or full refund. In that
case, the consumer does not have to prove
the goods were faulty at the time of the
sale. It is assumed that they were. If the
retailer does not agree, it is for him to prove
that the goods were satisfactory at the time
of sale.

http://www.berr.gov.uk/files/file25486.pdf

[THAIBUS]

My motorola phone died after ten months. I am with Virgin Mobile. I took the phone into my local Virgin shop and they arranged a brand new phone for me and It arrived next day.