Tivo CGA Claim October 2017

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295 posts

Ultimate Geek

#1743790 19-Mar-2017 13:35

sbiddle:

Just to add to this...

Asking same said friend who I mentioned earlier about the Igloo issue he's not aware of any successful CGA/Disputes Tribunal claims against Sky TV for shutting down Igloo and leaving people with a crippled box despite this being under the ~5 year period accepted as being a reasonable life for a consumer electronics device.

Without more info this doesn't really help in assessing whether Spark would have a case to answer. It may just be that Igloo owners haven't had the numbers, organisation, funds, time or determination to pursue it. If really invested in this then it might be worth reaching out to Slater Gordon in Aus who were behind the class action against ANZ bank for excessive fees. This was ultimately unsuccessful but ANZ agreed to pay the litigants' costs, so if you really want your pound of flesh then even losing can be a win.

A time-poor geek is hardly a geek at all

mattwnz

20141 posts

Uber Geek

#1743791 19-Mar-2017 13:36

NonprayingMantis: The lifetime thing you are referring to is a pricing thing. It means that for the life of the product they will not charge you for the epg service.
It doesn't mean they are guaranteeing to run the epg for an infinite amount of time.

No it was explained in detail inthe other thread. Hybrid Australia even had a promotional video clearly saying the epg would last for the life of the box

mattwnz

20141 posts

Uber Geek

#1743793 19-Mar-2017 13:40

scuwp:
Someone earlier asked where the 5 years comes from...I am not a member but understand that Consumer NZ have published a list of expected lifetimes for different products as a guide, based on case law in some cases. Here is the latest copy I can find from another website:

Refrigerators - 15+ years
Ovens and stoves - 15+ years
Microwaves - 8+ years
Clothes driers - 15+ years
Heaters - 5+ years (fan) and 10+ years (convection and radiant)

Computers (desktop or laptop) - 5 years
Televisions - 12+ years

Given the TiVo runs 24/7 (unlike most consumer computers) I would expect some moderation of the lifespan.

They also have them for this types of device, so there is no need to use a pc as the closest similar product. The fact is a computer may not last as long because new faster versions are always being released and laptops get bashed around etc. But that is solely related to hardware anyway and it isn't the tivo hardware that had failed in this case. The CGA also looks at the amount of use a product may have had. So there is no fixed amount of time a product should last

gregmcc

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#1743794 19-Mar-2017 13:40

blakamin:

Round and round in circles, just like whirlpool.

gregmcc: By activation we were agreeing to Tivo's T&C's not Telecoms, Tivo's T&C stated (and still do) "Product lifetime service"

Where?

Back on page 2 I posted a picture of the system status info of a Tivo, clearly showing the "Product lifetime service"

blakamin

4431 posts

Uber Geek
Inactive user

#1743797 19-Mar-2017 13:45

It's like everyone is ignoring the posts that show you don't have a leg to stand on, and just going round and round with the arguments that have been shown to be wrong.

Telecom Ts & Cs "We are not responsible for the TiVo Service or the CASPA™ Service, which are services provided by Hybrid Television Services."

Hybrid Tc & Cs: No mention of even the word "Life", not to mention "lifetime", anywhere. Never has been.

Mattwnz: Was that ad ever shown in NZ? No? So another leg chopped off as far as TiVo service in NEW ZEALAND and the CGA is concerned.

And there's no reason that a "product lifetime", with the tivo being a "PC", is expected to be longer than 5 years. It hasn't been manufactured for that long, so it's "lifetime" is over.

blakamin

4431 posts

Uber Geek
Inactive user

#1743799 19-Mar-2017 13:47

gregmcc:

blakamin:

Round and round in circles, just like whirlpool.

gregmcc: By activation we were agreeing to Tivo's T&C's not Telecoms, Tivo's T&C stated (and still do) "Product lifetime service"

Where?

Back on page 2 I posted a picture of the system status info of a Tivo, clearly showing the "Product lifetime service"

That's not terms and conditions...

And I have already shown you Hybrids answer to that. But it's one of the posts you ignored because it doesn't suit your narrative.

mattwnz

20141 posts

Uber Geek

#1743801 19-Mar-2017 13:51

Unfortunately this is going round in round in circles, with people asking the same things again and again, that have already been covered in the other tivo thread multiple times. At the end of the day people have to make up their own mind what they want to do. If people feel they have got a good amount of life out off their tivo and have used it a lot, and they are ready to buy a replacemeant now to get a similar type of service, that is up to them.

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mattwnz

20141 posts

Uber Geek

#1743802 19-Mar-2017 13:52

blakamin:
gregmcc:

blakamin:

Round and round in circles, just like whirlpool.

gregmcc: By activation we were agreeing to Tivo's T&C's not Telecoms, Tivo's T&C stated (and still do) "Product lifetime service"

Where?

Back on page 2 I posted a picture of the system status info of a Tivo, clearly showing the "Product lifetime service"

That's not terms and conditions...

And I have already shown you Hybrids answer to that. But it's one of the posts you ignored because it doesn't suit your narrative.

What about Hybrids video staying the epg last for the life of the box. It is on the hybrid / tivo YouTube channel for this series 3 model of tivo that they were selling to Australia and kiwis. As far as I am aware the boxes were identical and are covered by the identical service terms for hybrid Australia.

blakamin

4431 posts

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#1743803 19-Mar-2017 13:54

See, you aren't reading posts at all...

The post above that one you quoted.

And where is this video? Link?

mattwnz

20141 posts

Uber Geek

#1743804 19-Mar-2017 13:56

blakamin:
See, you aren't reading posts at all...

The post above that one you quoted.

And where is this video? Link?

Wrong, you posted while I was typing so I never saw it. The link is in the other thread multiple times.

blakamin

4431 posts

Uber Geek
Inactive user

#1743805 19-Mar-2017 13:59

mattwnz:
blakamin:

See, you aren't reading posts at all...

The post above that one you quoted.

And where is this video? Link?

Wrong, you posted while I was typing so I never saw it.

It was the PREVIOUS POST! How did I post while you were responding the one AFTER it?

I'm not going looking for it... you're the one that keeps bring up a meaningless ad not shown in NZ.

minimoke

750 posts

Ultimate Geek

#1743806 19-Mar-2017 14:00

I understand the issues with Hybrid, and for me its not a do or die issue. But a CGA claim is one worth considering. So far I'm not put off.

Back in the day Telecom was selling a Tivo box for $900 or thereabouts. It was a box with loads of Tivo service features. As a consumer I was buying a box and those features. I think its is a bit of a red herring referencing back to Hybrid since who woudl go and spend $900 on essentially a dumb box - that is a box that plays freeview but cant record or do anything without the Tivo service.

gregmcc

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#1743808 19-Mar-2017 14:03

blakamin:

gregmcc:

blakamin:

Round and round in circles, just like whirlpool.

gregmcc: By activation we were agreeing to Tivo's T&C's not Telecoms, Tivo's T&C stated (and still do) "Product lifetime service"

Where?

Back on page 2 I posted a picture of the system status info of a Tivo, clearly showing the "Product lifetime service"

That's not terms and conditions...

And I have already shown you Hybrids answer to that. But it's one of the posts you ignored because it doesn't suit your narrative.

Hybrid is a company that is gone from NZ, any reference to their T&C's have little to no relevance, this topic is about a CGA claim against Spark the retailer of the product, that's why any of Hybrids answers have been ignored.

minimoke

750 posts

Ultimate Geek

#1743809 19-Mar-2017 14:03

What about Hybrids video staying the epg last for the life of the box. It is on the hybrid / tivo YouTube channel for this series 3 model of tivo that they were selling to Australia and kiwis. As far as I am aware the boxes were identical and are covered by the identical service terms for hybrid Australia.

I am not sure this is particularity useful if it was an Australian ad. It woudl be a long bow for us to try and claim in NZ something advertised in Australia. Anyway we have our own NZ based Fair trading act and CGA that suppliers of gear come under.

minimoke

750 posts

Ultimate Geek

#1743810 19-Mar-2017 14:05

gregmcc:

blakamin:

gregmcc:

blakamin:

Round and round in circles, just like whirlpool.

gregmcc: By activation we were agreeing to Tivo's T&C's not Telecoms, Tivo's T&C stated (and still do) "Product lifetime service"

Where?

Back on page 2 I posted a picture of the system status info of a Tivo, clearly showing the "Product lifetime service"

That's not terms and conditions...

And I have already shown you Hybrids answer to that. But it's one of the posts you ignored because it doesn't suit your narrative.

Hybrid is a company that is gone from NZ, any reference to their T&C's have little to no relevance, this topic is about a CGA claim against Spark the retailer of the product, that's why any of Hybrids answers have been ignored.

Agreed. Im not thinking of lodging a CGA with Hybrid as I did not purchase Tivo off them - i bought it off Telecom.

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