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  Reply # 594873 13-Mar-2012 23:43 Send private message

Predated: Would it not then be a second hand sale from the trademe seller? in which case its up to the buyer to make sure the goods are up to standard?

I'm just asking as I'm looking to put a house load of stuff on trade-me for my parents and it would be nice to know that if we sell a vacuum cleaner on there and the buyer comes back we can just go "not my problem take it up with Smith City they are the real retailer"


It's a grey area really, and depends on your attitude vs interpretation of the law. If you sold the items in good faith and in working conditions  and they developed a fault that was covered under the provisions of the CGA, you would probably be within your rights to send the buyer along to the retailer to make a claim. Tho you may decide to refund the buyer and make the claim yourself.

If the fault was existing when your sold the item (especially if you knew it), you may have obligations under the sale of goods act, but then again, the buyer could quite easily make a CGA claim themselves as the OP could have.

Don't really want to take this thread off topic, but this is a grey area mostly because there hasn't been much in the way of legal precedent.




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  Reply # 595056 14-Mar-2012 13:26 Send private message

I thought it was pretty black and white.
Sell by auction no CGA, buy now or fixed price then CGA may apply.


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  Reply # 595061 14-Mar-2012 13:39 Send private message

lorenzo: I thought it was pretty black and white.
Sell by auction no CGA, buy now or fixed price then CGA may apply.



It's never really been tested in court. It could be argued that the intent of the legislation in regards to auctions shouldn't extend to private sales by online auction. Also, Trade Me is not registered as an auctioneer under the Auctioneers Act 1928, so you could argue it is not an auction as understood by law.

Certainly not black and white. Now, back to the topic at hand...




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  Reply # 595768 15-Mar-2012 18:56 Send private message

The iphone is now unlocked to all networks. So apple have fixed the problem. It took 48 hours for their technicians to relink the imei numbers and then I just needed to restore the phone. As soon as it had restored 2degrees came up on the carrier banner even before I had finished setting up the phone. 

Once again thanks for all of the support, it is great to have my phone working as it should. 

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  Reply # 595770 15-Mar-2012 18:59 Send private message

dazaisme: The iphone is now unlocked to all networks. So apple have fixed the problem. It took 48 hours for their technicians to relink the imei numbers and then I just needed to restore the phone. As soon as it had restored 2degrees came up on the carrier banner even before I had finished setting up the phone. 

Once again thanks for all of the support, it is great to have my phone working as it should. 

I am very pleased to hear that you now have this resolved. It is a shame that this kind of thing can even happen to this day.

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