Thought we could do with a separate thread on this issue rather than having details buried in the other thread. I intend to claim so this I my initial thoughts.
I have 2 Telecom (now Spark) supplied Tivos. One was sold to me for $300 (at a time the usual retail was around $750) and the other was “free“ provided I signed up for a further 12 months. So I am valuing this at $300 as well.
I consider Telecom / Spark to be the Supplier. A supplier is a person who transfers ownership or the possession of the Tivo under a contract of sale, exchange, lease, hire, or hire purchase to me. Or transfers the ownership of the Tivo as the result of a gift from Spark to me.
I reckon the Tivo must be durable (S7 (1) e of the Act) and given it is regarded a high end device I reckon a reasonable period of durability is 10 years. I also reckon Spark failed to tell me about the limited license which would see the product failing in October 2017 (S7 (1) i) and that this is something Spark knew at the time and it is something that should have been represented to me.
It would seem to me that on 31 October my Tivos will fail. In that there will be no EPG so the Season Pass will no longer work, the Suggestions will no longer work and I will no longer be able to set up a programme to record from the Guide. Remote access will no longer work. I’m presuming the folders with recorded shows will also no longer work. I have no idea what will happen if I loose power and have to reboot. So the Tivo no longer works as it was described (S9)
I anticipate my Tivos will fail so I intend asking Spark to remedy the problem within a reasonable time (S18 (2) a). Given the failure can’t be remedied (S18 (3) I think I shall be rejecting the Tivos. I shall hold onto the Tivos until they are collected by Spark as they are too big and expensive to post to them (S22 (2) a ii)
Since the Tivos can’t be repaired I shall be asking for a refund of $300 per Tivo (S19 (1) c.
I may also seek damages for the loss of enjoyment and functionality provided by the Tivo given no similar product is available (S18 (4). This will probably be an amount that brings me up to the retail price of whatever I get to replace the tivos
So what are the problems with my plan?