New factory demaged phone will not be replaced

I purchased 2 cell phones (1 x cat, 1x Sony M5) on the 29th Jan 2016. I went back to the brunch the following week to report the Sony M5 the tech took a look at the phone and agreed there was a problem. Phone freezes when playing music video's, phone auto resets on its own, phone is plugged on to charger before I go to sleep and in the morning battery is not fully charged only at 85%, battery drains fast. The stuff at the brush told me to return on monday 01/02/2016 when manager is around to make a decision. Manager tells me why didn't the stuff call him on The day I reported the problem. Since this was not reported the day I was at the brunch he can not replace the phone. I feel this is unfair as it is not my responsibility to phone brunch managers and how am I suppose to know that the stuff should phone brunch managers. The phone.e is still brand new with no damage and Telekom refuses to replace it. i will accept the phone to be taken in for repairs as the problem will or might persist and I use the phone for business purposes and can not wait 20 days for a phone to be repaired.<br>