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JamesN

108 posts

Master Geek


#293455 23-Jan-2022 11:13
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Hi,

 

 

 

Just after peoples knowledge of the CGA.

 

I have a 2.5 month old Samsung A32.

 

Yesterday is was very sluggish which I didnt think about at that time and a reboot sorted most of the speed issues.

 

I went to charge it in the afternoon, came back an hour later and picked up the mobile and i couldnt touch the bottom due to it being to hot.

 

The phone went in to safe mode and alerted it is overheating.

 

Disconnected the cable and could smell some burn.

 

 

 

After cooling phone, the phone went back to normal but it is not charging now and can feel the warmth if plugged in.

 

There is also a burn smell when sniffing the usb port on the phone.

 

I have tried different samsung cables and various USB ports on power boards.

 

 

 

Took this back to PBTech and had tried the following.

 

- They first tried to point that since I plugged this in to a powerboard that has usb ports that is more than likely a power surge since I was not using their usb power adapter.

 

- The site has no manager today so they wouldnt replace it.

 

- If they sent this to there auckland repair centre, this will take 6-8 weeks.

 

- If they sent this to samsumgs repair centre, this will take 5 weeks

 

 

 

Going this long without a mobile I feel is unreasonable and they were not interested in doing anything else.

 

 

 

Does anyone have any ideas how I could get this sorted quicker or what I am entitled to under the CGA?

 

 

 

Cheers.


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tehgerbil
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  #2855219 23-Jan-2022 16:06
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Yes, I would argue 5 weeks repair for a device which is only 10 weeks old (e.g. A third of its entire lifespan will be in for a repair) is not a reasonable time frame for repair. 

Furthermore as it's a "Serious" Fault as is poses a safety risk then the consumer is entitled to a refund or replacement.

https://www.consumerprotection.govt.nz/guidance-for-businesses/customer-returns-and-complaints/providing-remedies-for-faulty-products/


If I were you I would write a small letter outlining the fault, dates and what resolution you expect.

E.g.

________________________________________________________________________________________________________________________________

I purchased <device> on Invoice <number> on <date>

On <date> the device started <fault>

On <date> I went into store <Branch location> and spoke with <person> who advised <person> was unavailable.

Under the consumer guarantees act of 1993, I am going to refer you to section 18 "Options against suppliers where goods do not comply with guarantees"

I am specifically invoking Section 23 which entitles me as the consumer to request a refund due to the failure of "substantial character".

To see the relevant sections of the act please see below:

 

The goods provided <cellphone> by Pb Technologies does not comply with Guarantee section 21 (d) as the goods have suffered a failure of 'substantial character'.

 

In the Act 'Substantial character' is defined by failure to comply with section 7 'Meaning of acceptable quality' sub section 1 (d) "Safe" as a electronic device which emits a burnt odour and becomes unreasonably hot is not safe.

 

I will accept a refund of <amount paid> by <how you pair - Bank xfer or CC?> and this must be performed by the First of February 2022. In return for this refund I will supply you the goods, upon which the matter will be considered resolved by both parties.

The source for my information is <https://www.legislation.govt.nz/act/public/1993/0091/latest/DLM311053.html>

I am able to be contacted on <number> to organise a time to come and perform the afore mentioned refund.

 

________________________________________________________________________________________________________________________________



Please read over the act and confirm I am right here, I have read this all a few times and made a few edits but you've got the gist of it. 

Good luck. :)


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