What are my rights?

It's a difficult one. On the face of it you could claim that the salesperson knowingly sold you a phone that wasn't fit for your intended use (you told him you dropped it quite often) but I don't think it would really stand up. In saying that though, the mobile phone was fit for use when they sold it to you, and no manufacturer or retailer is going to cover for breakages caused by the goods being dropped, even if you had said you drop it often. In the first instance, I would go and see a manager at Harvey Norman, explain that you asked for a robust phone that would stand up to being dropped, and that it obviously hasn't done that. They may negotiate with you, however I wouldn't guarantee it by any means. This is all said taking into a/c the Consumer Guarantees Act, which provides that the goods will:

Be of acceptable quality.
(Acceptable = goods:
Do what they are made to do.
Are acceptable in appearance and finish.
Are free from minor defects.
Are safe and durable)
Be fit for their particular purpose.
Match the description given in advertisements or sales brochures, or by the sales assistant.
Match the sample or demonstration model.
Be owned by the consumer, once purchased.
Be a reasonable price, if no price or pricing formula has been previously agreed.

Maybe you could get yourself a protective cover that would give the phone a little more protection in future?

Under the Consumers Guarantees act, products need to last a reasonable amount of time (like laptops should have a life of 3 years) so you could claim on the fact that you had only recently bought the phone but its not meeting its obligations. I'd advise to contact the consumers institute and they will be able to help you. My partner had problems with the power cord for his laptop (it was actually melting the end) and Harvey Norman wouldn't do anything about it as his warantee had run out already. He took it to the consumers people and was told he has rights under the act, and they acted on his behalf. The laptop got fixed and his story was published in the Consumer magazine lol.
So it's worth having a go.

Thanks, I'll check out that site

What sucks even more is that DP just lost his phone, so it looks like we'll have to fork out for 2 new phones!!

unfortunatley tho despite the correct advice above re CGA they also have a (copout) discretion to determine how the crack occured - most re phones will determine that it was your error and charge you a service fee. Unless you can push that it is an error in this type of phone then it may not fit into the guarantees you have as an exterior force could have caused the crack

I dont doubt youve never dropped it - DH has had at least three phones similar repaired yet he never dropped them either and two had a fault they acknowledged and replaced free! I would suggest you tell them you think it is a fault with the phone and go via and sanyo dealer authorised repairer and not necessarily via HN? perhpas take it into vodafone or telecom shop and ask if that phone has known faults with the screen first?

from memory just to send in for an assessment before any repairs is like $50 or so anyways. BTW the same applies for cameras etc when getting them repaired...we had same a month ago and the fault was known to FUJI but still would have had to pay $50 for assessment so i drove to albany head office and handed it in for free to get repaired and was told yes it was that fault instantly and for the price of my drive up!

Ive been having problems with my phone to and my friend brought the same phone and has been having problems with it. Wonder if its the same one!

I'm in Wgtn and it's a telecom phone lol.. but thanks anyway.

I'll take someone scary looking with me and go back to HN.. hmm.. Emma, can I borrow Willie? lol

If you have contents insurance for your house - your cellphone is covered under that :) Although your excess could be more than the phone is worth..

Probably better to get what you can for it on trademe as parts and buy another :)

Good luck arguing that a crack in the screen wasn't your fault - No matter what you say they will likely say it couldnt have got there on its own.... :)

I bought the exact same phone about a week ago and tonight I just looked at mine (was sitting on the bench) and now my screen isn't working either theres no crack but its going to be such a hassle taking it in. It must be something faulty in the phone. They are only $150 at harvey norman at the moment tho if you need to buy a new one.

yeah claiming the phon on insurance will cost you an excess we found that out when df lost his phone in the city we ahd to pay and excess of $100 for a $200 phone so we went against replacing it.

I have always had trouble with the phones I've had.. I seem to need a new one every year now, they are such crap. I am going to try Telecom but I've never had much luck with them, only reason I am with them is for the $10 texting. I can honestly say that the only brand of phone I've found reliable is Nokia.