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2034 posts

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  Reply # 701865 16-Oct-2012 06:54 Send private message

gregmcc:
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 exIpenses.



Stupidity is not covered by the cga.




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  Reply # 702078 16-Oct-2012 14:29 Send private message

gregmcc: saying that your time and costs for filing the claim would also be valid expenses.

I doubt you'd have much luck claiming your time/costs. I don't think you can even claim the filing fee, can you?

6087 posts

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+1 received by user: 208


  Reply # 702086 16-Oct-2012 14:44 Send private message

CYaBro:
gregmcc:
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 exIpenses.



Stupidity is not covered by the cga.


Reasonable costs yes. But I don't think it would be considered reasonable not to have backups. It would be considered reckless not to have backups I would have thought.

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  Reply # 702511 17-Oct-2012 13:55 Send private message

mattwnz: 

Reasonable costs yes. But I don't think it would be considered reasonable not to have backups. It would be considered reckless not to have backups I would have thought.


Absolutely agree, I'm all for the hardware being replaced by a CGA claim, but expecting to be reimbursed for data recovery is pure madness. 



346 posts

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  Reply # 702898 18-Oct-2012 13:15 Send private message

When my external drive started beeping at me I took it back to Dick Smith and they just gave me an instant refund.

852 posts

Ultimate Geek
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  Reply # 702956 18-Oct-2012 14:06 Send private message

I think it is reasonable to want to send the item away to be checked out, which is probably what they should have said.

We get goods back all the time where they have been wired up incorrectly and therefore the warranty is void.

At the store I doubt they would have able to check for this at the store, hence it would have to be sent away.

I am no expert but wouldn't a reasonable cost for data recovery be up to the original purchase price of the unit? i.e. if they replaced it with a new one you are receiving that value, if they refund you again you have received the value of the item.

At the end of the day the CGA is only as good as the person who is contesting it and how far they are willing to go.

Interesting that your error seems to be a one off or an intermittent issue, they can get it back and may not be able to replicate the issue and send it back with NAD.

The talk of a reasonable time to remedy the problem is purely an opinion, and at the end of the day it would come down to small claims to decide what is reasonable 1-3 days for a car would seem reasonable but then 1-2 weeks for a cell phone would also seem reasonable also.

The best thing to do in all these situations is have an open dialogue with the store and/or the supplier and act in good faith towards both parties.




I know a little more than nothing but not much...

129 posts

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  Reply # 706088 25-Oct-2012 08:29 Send private message

I know this thread is a week old but I just saw it. I had an 11 month old external WD 2TB hard drive fail a SMART test. I emailed WD support who told me it would need to be replaced under warranty. Took it into DSE along with the email correspondence with WD and they gave me a straight swap with a new Seagate 2TB HDD to replace it (they no longer stock WD 2TB).

I had also lost the receipt for the purchase but I knew the date of purchase from my online bank statement, and the salesman was able to look it up and print a duplicate receipt. Although I think that's due to tax laws requiring them to produce a copy of a tax invoice when requested, rather than customer service.

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