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94 posts

Master Geek
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  Reply # 700697 13-Oct-2012 17:10 Send private message

It's reasonable for anyone to expect 3 years service from a hard drive, they have a 100,000 MTBF on them, if not more.




I always thought HDD's were a consumable, which aren't covered by the CGA.

gzt

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Reply # 700700 13-Oct-2012 17:14 Send private message

The OP did not mention the time factor for the distributor/agent assessment - but it may be a concern. It often is.

Anyway - what the heck here - let's make this even more complicated. ;   ). 

Do drives like this have SMART recording stats like number of hours and errors etc?

No idea what HDD is used in this brand of enclosure but with some varieties of HDD I would actually prefer getting one back that had been known running longer..

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  Reply # 700701 13-Oct-2012 17:14 Send private message

Strongbad1905:
It's reasonable for anyone to expect 3 years service from a hard drive, they have a 100,000 MTBF on them, if not more.




I always thought HDD's were a consumable, which aren't covered by the CGA.


HDD is no more a consumable than a computer is.

Ink in a printer is a consumable, but I wouldn't agree that storage is.  I wouldn't even consider a floppy disk is a consumable, though they were often sold in the consumable product lines by retailers.

If I accept what you're suggesting then the motor in a car is as much a consumable.






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  Reply # 700703 13-Oct-2012 17:17 Send private message

If I accept what you're suggesting then the motor in a car is as much a consumable.




I guess you have a fair point.

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  Reply # 700704 13-Oct-2012 17:17 Send private message

Strongbad1905: I did some papers on retailer rights under the consumer guarantees act and I'm pretty sure your wrong. The retailer has the right to remedy weather that be repair, replace or refund but they also have to do it under an acceptable period of time, it has absolutely nothing to do with how often the customer uses it. I sell cellphones under your logic I would be out of business, a fair time to wait is normally about 10 working days, however if we fail to meet this we will normally offer compensation or replacement. A retailer has the right to check that the customer has miss used this product. If you feel it is taking to long you should submit in writing that you want a remedy with X amount of days, if they repair and you feel the repair done is sub standard you can reject the goods there and then and request a replacement or refund they have no right to refuse this request.



At the end of the day all that is required is a reasonable wait for it to be repaired, We've had 2 items with problems during the Warrantee period, a Galaxy S, the store told us up to 10 days, it took 9 days and was replaced with a brand new Galaxy S2, very pleased although it was a pain been without the phone. The other a Breville coffee machine, it took the 3 weeks to get the local service man to diganose and fix a broken steam line. when dropped off I pointed out the 2 year replacement warrantee, the store confirmed it with Breville on the spot, but wanted to confirm the problem with the service agent (fair enough).

In the end I rejected the repair as the steam and hot water that had circulated thoughout the electrics of the machine would have caused additional problems. Had to email a letter to the store, their head office and Breville NZ pointing out their 2 year replacement warrantee, they then quickly replaced it.

So give the store a bit of time, 2-3 weeks is a reasonable time, if they can't delivery with that time then start in insist on a replacement unit

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  Reply # 700712 13-Oct-2012 17:49 Send private message

gregmcc:  At the end of the day all that is required is a reasonable wait for it to be repaired, We've had 2 items with problems during the Warrantee period, a Galaxy S, the store told us up to 10 days, it took 9 days and was replaced with a brand new Galaxy S2, very pleased although it was a pain been without the phone. The other a Breville coffee machine, it took the 3 weeks to get the local service man to diganose and fix a broken steam line. when dropped off I pointed out the 2 year replacement warrantee, the store confirmed it with Breville on the spot, but wanted to confirm the problem with the service agent (fair enough).

In the end I rejected the repair as the steam and hot water that had circulated thoughout the electrics of the machine would have caused additional problems. Had to email a letter to the store, their head office and Breville NZ pointing out their 2 year replacement warrantee, they then quickly replaced it.

So give the store a bit of time, 2-3 weeks is a reasonable time, if they can't delivery with that time then start in insist on a replacement unit


Personally I think you get back a bit of what you give out, so I do like your general attitude very much. :)

I've been following general consumer advice on the CGA from the government for near on 20 years and I understand a bit of the history from having friends who used to run a service repair business.

As far as I'm concerned, it's a reasonable expectation to get a loaner phone for that 9 days so you at least have something you can use.  (As per the car link I posted which suggested you have a right to expect a loaner car of some kind.)

Most consumer advice I've seen from the govt has suggested that you're not automatically entitled to a replacement S2 to use while your waiting on the out come of your S2, but you're also entitled to more than the basic $29 'only makes phone calls' option.

With respect to that coffee machine and it's 2 year replacement warrantee, I think that one's very interesting.

I would suggest that 'term' was presented as part of the reason you might purchase that brand over another.  I would also suggest it is reasonable to 'understand' that a 'replacement warranttee' means that it will just be out right swapped over.

The CGA has provision for the retailer being required to have resource on hand to put things right.  Being told it will take 2 weeks to get the product assessed is frankly a breach of the act in my view, for a coffee machine that you use every day.

In the case of a lawn mower I would accept 2 weeks as ok.

Most retailers have policies around what they do about repairs and warranty to keep them inside the act.  This is why places like Kmart will just give you a refund.  Kmart don't have staff on site that can fix things or even assess a fault properly, but they don't need them if they just have a business policy that causes them not to breach the act.

However, again, I do like your general attitude.  While we do have strong rights as consumers, if we just push these things to the letter of the law we might start to find that you just can't get some products from retailers in New Zealand at all.






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Ultimate Geek
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  Reply # 700733 13-Oct-2012 18:49 Send private message

DonGould:

However, again, I do like your general attitude.  While we do have strong rights as consumers, if we just push these things to the letter of the law we might start to find that you just can't get some products from retailers in New Zealand at all.




Both places were chainstores, one was very clued up on how things work and put the problem better than right with no hassle, one of the stores just had sales droids who only cared about the comission they were receiving on the sales, not about sorting out warrantee problems and it showed.

Although sometimes people seem a bit impatiant on getting things replace right away they do need to give the shops a bit of a break in order to check that the problem is genuine as there are people out there who try to rip off places by returning perfectly good items, also saying that there are shops who have totally forgotten to take in to account the cost of repairs etc and obligations of the CGA when setting their prices and then grumble and groan when they have to accecpt items back for repair.

It's all about knowing your rights and been fair with the retailer when it comes to returns.



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Master Geek
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  Reply # 700840 14-Oct-2012 09:01 Send private message

What an interesting thread, thanks for the input. What I had wanted to do was buy another Drive, move my data across from the old drive to the new one, and then take the old drive in for a refund. To me that was the most logical solution.

Anyway I bought a new drive, the same type, and blew my stack at the poor office staff when they wanted to get the old one fixed. After copying over the data another scan of the drive returns no errors at all. So if I take it in for 'repair' it will be just given back to me later.

So I am inclined just to leave it for less important stuff, and regularly scan it.

But I do think that hard drives should have a replacement only warranty, especially when they advertised as storage devices.

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  Reply # 700843 14-Oct-2012 09:13 Send private message

I think when they say 'fix' it means they will send the drive for analysis and decide what to do then. If the drive is faulty, it is likely that you will get replacement. Sometimes the issue could be related to the disk enclosure etc





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  Reply # 700870 14-Oct-2012 09:54 Send private message

netspanner:
But I do think that hard drives should have a replacement only warranty, especially when they advertised as storage devices.


As pointed out it's the norm in the electronics industry for goods to be returned to the supplier. Stores aren't in a position to be able to assess products for faults.

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Ultimate Geek
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Reply # 701404 15-Oct-2012 12:25 Send private message

"Wharehouse"

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  Reply # 701448 15-Oct-2012 13:24 Send private message

sbiddle:
netspanner:
But I do think that hard drives should have a replacement only warranty, especially when they advertised as storage devices.


As pointed out it's the norm in the electronics industry for goods to be returned to the supplier. Stores aren't in a position to be able to assess products for faults.


The problem though with this, is when some will try to charge you a deposit that is non refundable if the product comes back with no fault. Especially when they can't find the fault. If they have to send goods away I don't think they should be permitted to charge such a deposit.

59 posts

Master Geek


  Reply # 701837 15-Oct-2012 23:29 Send private message

Hi,

Not sure if this should be a new topic or not, but if the OP's drive had failed, is data recovery covered under the act?

Cheers,
H

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  Reply # 701843 15-Oct-2012 23:47 Send private message

hamistheman: Hi,

Not sure if this should be a new topic or not, but if the OP's drive had failed, is data recovery covered under the act?

Cheers,
H


I would doubt it as in the terms of the device, it will say you need to retain backups. You should have at least one backup of any drive, but probably 2 backups, because if one fails, then you have only one copy remaining.

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Ultimate Geek
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  Reply # 701863 16-Oct-2012 06:13 Send private message

hamistheman: Hi,

Not sure if this should be a new topic or not, but if the OP's drive had failed, is data recovery covered under the act?

Cheers,
H


Under the CGA expenses incuured because of the failure of the item can be claimed, the cost of data recovery whould seem to fit in to this catagory, most likely the retailer would decline to pay this expense and you would have to file a claim with the disputes tribunal, saying that your time and costs for filing the claim would also be valid expenses.


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