Report your ICS on Razr experience here.

[Caesars]

Well I hope you get the phone However I will
Pint out th obvious, and thats that the new phone will also end up with ics on it killing your battery life again :-(. Of course a whole he version may come out and fix itl hope it works out for you! One of friends is in the same boat and his phone battery is going down like gas in a hummer lol.



Edit: I wish my iPads keyboard was half as good as my tocuhpads keyboard :-(

 

[CaptainSS]

Been reading several reports of Great battery life after the ICS OTA (My son included) Doesn't make a lot of sense but not much has since this started.
IF the OTA screwed up your phone (MEEF) and it was fine before the download then IMO, a refurb replacement IS NOT an acceptable resolution.
The entire Legal Concept of Indemnification is based on being returned (as closely as possible) to "Pre-Loss" status. Your Pre-Loss status was NOT a refurbished phone.
Be reasonable but firm and insist on a "Good Faith" solution.
I'll send you a bill.

 

[MEEF]

Been reading several reports of Great battery life after the ICS OTA (My son included) Doesn't make a lot of sense but not much has since this started.
IF the OTA screwed up your phone (MEEF) and it was fine before the download then IMO, a refurb replacement IS NOT an acceptable resolution.
The entire Legal Concept of Indemnification is based on being returned (as closely as possible) to "Pre-Loss" status. Your Pre-Loss status was NOT a refurbished phone.
Be reasonable but firm and insist on a "Good Faith" solution.
I'll send you a bill.

My feelings exactly.

 

[Caesars]

Well if you get a new phone, please share hehe

 

[bsweetness]

Been reading several reports of Great battery life after the ICS OTA (My son included) Doesn't make a lot of sense but not much has since this started.
IF the OTA screwed up your phone (MEEF) and it was fine before the download then IMO, a refurb replacement IS NOT an acceptable resolution.
The entire Legal Concept of Indemnification is based on being returned (as closely as possible) to "Pre-Loss" status. Your Pre-Loss status was NOT a refurbished phone.
Be reasonable but firm and insist on a "Good Faith" solution.
I'll send you a bill.

Just to play devil's advocate, it could also easily be argued that you didn't have a new phone in your pre-loss status. You had a used phone that wasn't refurbished (which is supposed to be better than just a used phone). So, if you want to get really technical, which Verizon does, they're actually providing you with a phone that is legally in better shape than your old phone was.

 

[Caesars]

Either way I'm pretty sure this would be the WAY to get a new maxx of you really wanted one before or weren't happy with battery life after ICS. Since my current maxx battery Performs far less than my old Seidio after market...I'm not excited to lose battery with ics, on the other hand ics looks freaking awesome lol.

 

[CaptainSS]

Just to play devil's advocate, it could also easily be argued that you didn't have a new phone in your pre-loss status. You had a used phone that wasn't refurbished (which is supposed to be better than just a used phone). So, if you want to get really technical, which Verizon does, they're actually providing you with a phone that is legally in better shape than your old phone was.

Very astute observation and a completely viable legal position to take and I would fully expect an adversary in an argument to take that position. What I would counter with as an argument (and win) is proximate cause of the loss and IF MEEF played any roll in the loss. In this case, it was Motorolas download (not requested and not authorized) that as part of a publically admitted "Test" that was the cause of the loss. MEEF played no part in his own current predicament.
Now, IF it had simply been a normal OTA software update (tested, approved and downloaded to all) I would say his position would be far weaker and a replacement (warrantied) would be warranted and if it was a refurb (used as new) I would contend there would still be an argument to be made for a refund of the deductible.

But again, bsweetness. You are on the money when it comes to the counter-argument he will face.

 

[William_04_x]

I believe we've all agreed that CLNRs are acceptable replacements when we entered into our contacts.

Sent from my DROID RAZR MAXX using Droid Forums

 

[CaptainSS]

I believe we've all agreed that CLNRs are acceptable replacements when we entered into our contacts.

Sent from my DROID RAZR MAXX using Droid Forums

Many times they are BUT over the years there have been times when VZW and I "Agreed" they were not. It depended on the circumstances

 

[bsweetness]

Very astute observation and a completely viable legal position to take and I would fully expect an adversary in an argument to take that position. What I would counter with as an argument (and win) is proximate cause of the loss and IF MEEF played any roll in the loss. In this case, it was Motorolas download (not requested and not authorized) that as part of a publically admitted "Test" that was the cause of the loss. MEEF played no part in his own current predicament.
Now, IF it had simply been a normal OTA software update (tested, approved and downloaded to all) I would say his position would be far weaker and a replacement (warrantied) would be warranted and if it was a refurb (used as new) I would contend there would still be an argument to be made for a refund of the deductible.

But again, bsweetness. You are on the money when it comes to the counter-argument he will face.

Legally speaking, I'd say you're reaching a bit given the terms of the agreements and the circumstances. But then again, what "legally speaking" isn't a stretch most of the time?

I believe we've all agreed that CLNRs are acceptable replacements when we entered into our contacts.

I believe that's correct.

Many times they are BUT over the years there have been times when VZW and I "Agreed" they were not. It depended on the circumstances

It always depends on the circumstances, how you handle the situation, and who you're talking to at Verizon. If the circumstances all line up, you can get a lot of things done that aren't strictly by the book when it comes to replacements.

 

[CaptainSS]

All True. As with many things in life..... be reasonable, be respectful, be firm. Fair is fair regardless of Contract wording, if push comes to shove the call goes to the runner.

 

[94lt1]

All True. As with many things in life..... be reasonable, be respectful, be firm. Fair is fair regardless of Contract wording, if push comes to shove the call goes to the runner.

Yep, cause after all.... ya don't have to let anybody steal your joy

Now what were we talking about?? :blink:

DROID RAZR MAXXIMIZED!!!! PREPARE TO BE VANQUISHED!!!

 

[CaptainSS]

Yep, cause after all.... ya don't have to let anybody steal your joy

Now what were we talking about?? :blink:

DROID RAZR MAXXIMIZED!!!! PREPARE TO BE VANQUISHED!!!

I think we were in a drive-thru and somebody just asked us if we "wanted to Biggie Size it" We looked at each other and LOAO! :blink:

 

[rdgxray]

Under my data usage media gallery used the most data...is this because I send some txt with images attached? Why does gallery use so much data?

Sent from my DROID RAZR using Tapatalk 2

 

[coolbreeze704]