Tivo CGA Claim October 2017

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#1744854 20-Mar-2017 21:27

sbiddle:

minimoke:

quickymart:

I was working for Telecom at the time. I can categorically say they were not aware of it.

I wil take your word on that. Seems to me to be a fundamental issue - the supply of a liscence and that Telecom failed to ask about this beggars belief. But given their Tivo failure comes as no surprise.

I'm not quite sure why you're blaming Telecom. They simply sold the device - they were not the licensee nor where they involved in the negotiations around the product with Tivo. You're not blaming Noel Leeming who also sold the device, nor more importantly TVNZ who were a part owner in Hybrid and were the reason Tivo made it to NZ.

I'm not blaming telecom. It is simply that they are the supplier of the product to me. I cant bring a CGA claim against anyone else. I dont blame Noel Leeming bescause I dint get my Tivos from them - if I did then I would be considering chasing NL.

Again I'm going to have to take you at your word that telecom were not involved in negotiations - but i remain skeptical. How is it they ended up with exclusive reseller rights as and were the only broadband company who could provide the services. You dont get into a monopoly situation unless there is some negotiation. And negotiation requires disclosure. I can cheerfully blame Hybrid, TVNZ and telecom for their joint contribution to Tivo downfall - but this isn't the thread for that.

minimoke

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#1744857 20-Mar-2017 21:32

tdgeek:

mattwnz:

Not sure how many people read the story about the person who took the car company to the DT, due to the high price of replacement keys for his car. But I suspect if they had posted on here prior to that, they would have had similar criticism from people on here. Such as 'NZ is such a small market', and 'economies of scale' , and companies can 'charge what they want' etc.

But due to that person standing by their principles, it appears they have potentially created a precedent. As a result there was a story today of someone else who got refunded $1400 for their spare key, as shown at http://www.stuff.co.nz/motoring/90612919/honda-offers-geraldine-retiree-full-refund-for-1400-key Potentially NZers are now going to save thousands, if not millions, as it appears companies may need to look into the way their price their spare parts.

People please have respect for people posting, as everyone will have different points of view.

I do agree on your last point. But the OP has been quite forthright with his or her preferences and goals, and hopes, and a lot less on facts.

Others here, you included, have been more detailed and neutral. Thats good, we can talk and disagree and say why and so on. But the OP seems to be wearing blinkers.

On the contrary I have a very open mind. I fully understand the hyrid licensing issues and Ts and C's and stuff. I have endeavoured to make clear what is my opinion and I have been forthright in my lack of detail in some areas. That I dont necessarily agree agree with you doesnt create blinkers on me.

Some facts wil be hard to agree on - like I reckon it is a fact tivo will not function as a device I purchased on 1 November (give or take a day or two) while others reckon it is stil a fully functioning device.

minimoke

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#1744858 20-Mar-2017 21:33

tdgeek:

I might ease back on this thread, this appears, IMO, a tad obsessive.

Think I might to - some people are taking this way too seriously.

tdgeek

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#1744903 20-Mar-2017 21:57

minimoke:

tdgeek:

I might ease back on this thread, this appears, IMO, a tad obsessive.

Think I might to - some people are taking this way too seriously.

I think its a case that some of your posts are what you reckon (your words). You, like others may want or hope for something, but thats far different to the facts. Need to sit on the fence and think neutral. There are some grey areas. Many of the comments that don't agree with you are basing their opinions on substance, and not hope or wishes or I reckon. Yours seem more hope than substance. Im not criticising, just saying.

The kicker for me is 1 Nov 2017. That cuts out any under 5 year purchases, thereby falling outside consumer law, as stated by HybridTV. I am sure they took legal opinions on this. You say the timeframe is variable, I say its not. 5 Years may be a guide, but its a strong guide. Its not like a BMW jug vs a Cascade $8 jug. The email from Hybrid specifically stated that we had a good time and under Consumer Law its all good. Thats not a guess or hope, its a decision made with legal input.

Its over.

Best to seek alternatives, such as Panny, Dish, MythTV, misc others, and the Whirlpool site.

surfisup1000

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#1745025 21-Mar-2017 08:43

tdgeek:

Thats not a guess or hope, its a decision made with legal input.

You say decision, I say opinion.

Lawyers take a position then debate that if necessary. Sometimes they win, sometimes not.

The CGA can certainly extend beyond 5 years.

The thing I am curious about, is whether the tightly bound nature of the tivo hardware/software/services has any influence on the outcome. Even if each is from a different supplier then maybe the one that sells the hardware can be held responsible? I don't know, nor would I even hazard a guess haha .

tdgeek

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#1745035 21-Mar-2017 09:08

surfisup1000:

tdgeek:

Thats not a guess or hope, its a decision made with legal input.

You say decision, I say opinion.

Lawyers take a position then debate that if necessary. Sometimes they win, sometimes not.

The CGA can certainly extend beyond 5 years.

The thing I am curious about, is whether the tightly bound nature of the tivo hardware/software/services has any influence on the outcome. Even if each is from a different supplier then maybe the one that sells the hardware can be held responsible? I don't know, nor would I even hazard a guess haha .

I meant decision by HybridTV to end the licence on 31 Oct, after taking legal advice that that will satisfy consumer law

The 5 years is what Hybrid have decided is fine, so legal advice would have agreed with that. Its a 2009 device, 8 years old, which is pretty old for tech. Is 5 years acceptable? I assume the legal advice said it was

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sbiddle

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#1745036 21-Mar-2017 09:09

minimoke:

sbiddle:

minimoke:

quickymart:

I was working for Telecom at the time. I can categorically say they were not aware of it.

I wil take your word on that. Seems to me to be a fundamental issue - the supply of a liscence and that Telecom failed to ask about this beggars belief. But given their Tivo failure comes as no surprise.

I'm not quite sure why you're blaming Telecom. They simply sold the device - they were not the licensee nor where they involved in the negotiations around the product with Tivo. You're not blaming Noel Leeming who also sold the device, nor more importantly TVNZ who were a part owner in Hybrid and were the reason Tivo made it to NZ.

I'm not blaming telecom. It is simply that they are the supplier of the product to me. I cant bring a CGA claim against anyone else. I dont blame Noel Leeming bescause I dint get my Tivos from them - if I did then I would be considering chasing NL.

The product that is being discontinued (the Tivo service) was provided by Hybrid, not Spark. Spark only sold you the hardware which is still fully functional, and will be post October providing you don't do a full reset.

When you purchased the Tivo service from Hybrid (the fact they didn't charge you means nothing) you entered into a contract with them when you agreed to their terms and conditions to supply you with a service. They are the people you should be going after.

minimoke

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#1745107 21-Mar-2017 10:36

I think i can provide alternative provable facts.

minimoke

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#1745109 21-Mar-2017 10:44

Here's a fact. We have been told to take our tivo to an e-recycler. If that doesnt make it a dead device what does?

And a question. After 1 november, and a reboot will i be able to watch freeview channels?

minimoke

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#1745110 21-Mar-2017 10:44

sbiddle

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#1745112 21-Mar-2017 10:48

minimoke:

And a question. After 1 november, and a reboot will i be able to watch freeview channels?

Yes it will. The Tivo announcement made that very clear.

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Rikkitic

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#1745115 21-Mar-2017 10:54

Is this thread over yet?

Plesse igmore amd axxept applogies in adbance fir anu typos

Wiggum

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#1745116 21-Mar-2017 10:57

sbiddle:

minimoke:

And a question. After 1 november, and a reboot will i be able to watch freeview channels?

Yes it will. The Tivo announcement made that very clear.

Even if I do a reset? As I understand it. This will effectively turn my beloved tivo into a brick.

sbiddle

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#1745117 21-Mar-2017 11:00

Wiggum:

sbiddle:

minimoke:

And a question. After 1 november, and a reboot will i be able to watch freeview channels?

Yes it will. The Tivo announcement made that very clear.

Even if I do a reset? As I understand it. This will effectively turn my beloved tivo into a brick.

No. Their announcement made it clear it will die after a reset. What reasons would there be for doing one?

minimoke

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#1745119 21-Mar-2017 11:01

Here is another "fact". If i run a guided setup or clear delete the device will loose all functionality. Why is it a fact - because tivo tells me so.

So another question. What lifespan should a consumer expect out of a bog standard freeview box?

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