In early 2006 I purchased a Philips 7FF1AW digital photo frame. It worked perfectly for a couple of years, but eventually I wanted to use a larger capacity 2GB SD card and so I checked the Philips support site to see if this was possible.

The firmware on my photo frame was A1.35 and according to Philips’ release notes an update to version A1.51 would provide the following improvements:

• Extend the SD card support from 1GB to 2GB
• Increasing maximum photos support number from 4096 to 10240

This was exactly what I needed and so I eagerly downloaded the firmware upgrade tool for Windows. I followed the upgrade instructions to the letter, but at the end of the upgrade process my photo frame simply switched itself off and would not switch back on again. No amount of pressing the reset button or the on/off switch would bring it back to life, so I called the Philips consumer care line.

The care agent listened to my description of the problem and quickly concluded that my photo frame was indeed dead. What could I do about this? “Nothing sir” was the response.

Even though I had diligently followed Philips’ own instructions and used their own software, because I had accepted their Software End User License Agreement (EULA) when I downloaded the firmware upgrade software from their web site, it was apparently all my own fault.

As my 7FF1AW was no longer in warranty, they would not agree to repair it and would not offer a discount on a replacement product.

“All I can suggest sir, is that you purchase a new photo frame” was his closing advice.

I will be buying a new digital photo frame, but it sure as hell won’t be a Philips.

While writing this article I took the time to read through the EULA again, now IANAL but I swear this doesn’t absolve Philips of any liability for causing the untimely death of my digital photo frame.

According to the Philips EULA:

Philips provides the Software ‘as is’ and without any warranty except that the Software will perform substantially in accordance with the documentation accompanying the Software for a period of one year after your first download, installation or use of the Software, whichever occurs first.  Philips’ entire liability and your exclusive remedy for breach of this warranty shall be, at Philips’ option, either (i) return of the price paid by you for the Software (if any); or (b) repair or replacement of the Software that does not meet the warranty set forth herein and that is returned to Philips with a copy of your receipt.

It looks to me like Philips are liable to repair or replace the software on the device as it does not meet the warranty, i.e. it just doesn’t work. What do you think?