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4698 posts

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  # 1746090 22-Mar-2017 22:03
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It's not a "defect". The "service" is ending - the box still works. Honestly, you're wasting your time trying to get a claim out of Spark.

 

What's your argument going to be for all this in the Disputes Tribunal, when they ask if you understand the difference between a service and a product?


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  # 1746092 22-Mar-2017 22:04
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10 years for a piece of kit no more complex than a cheap PC, now I feel you are just taking the mickey.




Mike
Retired IT Manager. 
The views stated in my posts are my personal views and not that of any other organisation.

 

There is no planet B

 

 


 
 
 
 


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  # 1746093 22-Mar-2017 22:04
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tdgeek:

 

The service is Hybrid, licensed from Tivo. Call Hybrid or call Tivo. 

 

 

Both are not NZ companies, so the CGA doesn't apply.

 

Hybrid looks to be bust also, - their website doesn't work any more.

 

 




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  # 1746094 22-Mar-2017 22:05
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mattwnz:

 

I bwlieve the CGA also takes into consideration the amount of use something has had. So someone may have been given one as a gift, but it was in storage for a few years, so may have only had 2 years of actual use. Consumer NZ has a similar example of this. Also if something has had heavy use for say 3 years. eg say a kettle that is used 10 times a day, and is literally worn out, why should it be required to last for 5 years? This is why it is not clear cut over how long something should last for under the CGA. But Consumer do have a lifespan range of what they consider reasonable lifespan, which is independent of any retailer or manufacturers own opinion. They are the experts IMO as that is what they do day in-day out.

 

 

So how much use has Tivo had?. It has run continuously over teh period and tuned on and off maybe five times. It has no moving parts (other than a hard drive which are original still running with no issues at all). It has been moved once. It is in a well ventilated temperature constant environment. It is the worlds most popular media device and is a world class ptoduct - according to the media releases. It was backe dby Telecom and TVNZ long term  well established companies and part of a global brand that has been around since 1998 so well tested, tried and true with 6.8 million subscribers - that is people so convinced on the functionality and durability they will pay a fee.

 

 

 

As for Consumer being the experts when they reviewed Tivo they didn't even know how big the hard drive was and rated it bottom of all PVR's. Tivo got a "Not Recommended"" so I see an immediate conflict of interest if relying on their expertise. 




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  # 1746108 22-Mar-2017 22:07
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MikeB4: 10 years for a piece of kit no more complex than a cheap PC, now I feel you are just taking the mickey.

 

Wow - who said 10 years"I said "I wouldn't say 10 years that wouldn't be reasonable




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Ultimate Geek


  # 1746132 22-Mar-2017 22:09
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quickymart:


What's your argument going to be for all this in the Disputes Tribunal, when they ask if you understand the difference between a service and a product?



They wont ask me that because I bought a medai device product and it says so on my System Information page. No where does it say I bought a service.

And imagine the questions i get to ask - like why mr telecom did you not tell customers the service would expire oct 2017,




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Ultimate Geek


  # 1746161 22-Mar-2017 22:13
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quickymart:

 

It's not a "defect". The "service" is ending - the box still works.

 

 

We'll keep going round and round on this wont we. Only time will tell. So howabout we park this until 1 November and see if the box still works and I have a media device capable of showing some media or a defective box good only for a paper weight.


 
 
 
 


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  # 1746176 22-Mar-2017 22:43
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Why wait till then? Why not try and lodge your claim now?


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  # 1746179 22-Mar-2017 22:44
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minimoke:

 

quickymart:

 

 

 

What's your argument going to be for all this in the Disputes Tribunal, when they ask if you understand the difference between a service and a product?

 

 

 

 

 

 

They wont ask me that because I bought a medai device product and it says so on my System Information page. No where does it say I bought a service.

And imagine the questions i get to ask - like why mr telecom did you not tell customers the service would expire oct 2017, <e/p>

 

Because it wasn't going to at the time. You still have a media device.

 

@sbiddle - am I right here?


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  # 1746211 23-Mar-2017 05:08
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minimoke:

 

quickymart:

 

 

 

What's your argument going to be for all this in the Disputes Tribunal, when they ask if you understand the difference between a service and a product?

 

 

 

 

 

 

They wont ask me that because I bought a medai device product and it says so on my System Information page. No where does it say I bought a service.

And imagine the questions i get to ask - like why mr telecom did you not tell customers the service would expire oct 2017, <e/p>

 

no you didnt buy a service you got that for free

 

and easy answer to your question, they didnt


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  # 1746212 23-Mar-2017 05:09
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@minimoke could you sell you box to someone in the US after the 1st once its "defective" as you claim? and will it work for them?


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  # 1746215 23-Mar-2017 06:16
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Holy crap 23 pages, all those who think there is a case why not pony up and set up a class action, put your money where your mouth is, if I thought you had a snow-balls I'd contribute, but no-one has made a single sensible argument for a CGA based claim.

 

 


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  # 1746217 23-Mar-2017 06:52
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Jaxson:

 

tdgeek:

 

The service is Hybrid, licensed from Tivo. Call Hybrid or call Tivo. 

 

 

Both are not NZ companies, so the CGA doesn't apply.

 

Hybrid looks to be bust also, - their website doesn't work any more.

 

 

 

 

Thats right. The OP issue is with the service provider, and one is bust the other isn't interested and Tivo did not supply the service anyway, that was Hybrid, licenced from Tivo.




724 posts

Ultimate Geek


  # 1746218 23-Mar-2017 06:55
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Jase2985:

 

minimoke:

 

quickymart:

 

 

 

What's your argument going to be for all this in the Disputes Tribunal, when they ask if you understand the difference between a service and a product?

 

 

 

 

 

 

They wont ask me that because I bought a medai device product and it says so on my System Information page. No where does it say I bought a service.

And imagine the questions i get to ask - like why mr telecom did you not tell customers the service would expire oct 2017, <e/p>

 

no you didnt buy a service you got that for free

 

and easy answer to your question, they didnt

 

 

If I got a free service I would expect to see on my invoice "Tevo media device, Tivo Service and Wireless Adapter Bundle  $360"" But I didnt. No mention in media release is made of a "Tivo Service and it being free - the closest is a  "Free subscription" but it doesnt say its a subscription to a Tivo service. There isnt a definition of "Subscription".  Any mention of Tivo Service (if any) is buried in small print.

 

 

 

And any disputes Tribunal wont allow an open ended "why"question to answered with a closed "no"




724 posts

Ultimate Geek


  # 1746219 23-Mar-2017 06:57
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Jase2985:

 

@minimoke could you sell you box to someone in the US after the 1st once its "defective" as you claim? and will it work for them?

 

 

I dont think so. The tuners are for NZ and Austrlia only. Thast why we cant by a US Tivo and plug it in here. (more enlightened people can correct me)


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