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15219 posts

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  # 1743544 18-Mar-2017 20:18
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sbiddle:

 

 

 

This means very little in the context of the product.

 

 

 

 

 

 

Not sure what you mean? 


mdf

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  # 1743545 18-Mar-2017 20:22
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Depending on where, when and by whom the "lifetime service" representation was made, you might be able to have a crack. This wouldn't be under the CGA, rather the law of contract. Have a look at the Contractual Remedies Act, section 7, and particular subsection (3). Basically you have a right to cancel a contract if *the other party* said something untrue, and that untrue statement caused you to enter the contract.

 

This probably wouldn't apply to the on screen statement. You'd already accepted the contract by the time you saw that so it didn't cause you to enter the contract.

 

Hopefully it goes without saying, but proper legal advice should be sought prior to doing anything that was suggested to you by someone on the internet.


 
 
 
 


mdf

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  # 1743546 18-Mar-2017 20:25
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sbiddle:

 

 

 

Hybrid have no resources (or money), Spark aren't liable for the Tivo service that they did not provide, and Tivo USA don't seem to care less. Trying to make anybody accountable is unlikely to happen. IMHO those with ~$300 8 yr old boxes like those people who purchased $1000 DVD recorders and found they ultimately became useless need to accept their product has reached end of life and move on to something new. It is just unfortunate here that no retailer has offered deals to Tivo users like Australia.

 

 

As @sbiddle says, if the person in the wrong (e.g. made the representation about the lifetime service) has no money, you're basically out of luck regardless of the rights or wrongs of the situation. Can't get blood out of a stone.


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  # 1743547 18-Mar-2017 20:30
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How ironic that we're really just continuing the discussion from a few Tivo threads on here from 2009 asking what would happen if the EPG service was ever discontinued...


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  # 1743548 18-Mar-2017 20:33
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sbiddle:

 

mattwnz:

 

mdf:

 

gregmcc:

 

I don't recall any CDMA phones been sold with "lifetime service", Tivo's were

 

 

Did they? I'd say that changes the analysis a bit. Who was offering/advertising the lifetime service?

 

 

 

 

Also Hybrids/Tivos advertising video for this tivo model advertises that the EPG lasts 'life of the box'.

 

Even if they didn't specify any lifetime licence on the service,  it really should have been specified how long the EPG would be offered for I would have thought.

 

 

This means very little in the context of the product.

 

This thread like the existing Tivo thread and the hundreds of pages on Whirlpool is going to go nowhere.

 

Hybrid have no resources (or money), Spark aren't liable for the Tivo service that they did not provide, and Tivo USA don't seem to care less. Trying to make anybody accountable is unlikely to happen. IMHO those with ~$300 8 yr old boxes like those people who purchased $1000 DVD recorders and found they ultimately became useless need to accept their product has reached end of life and move on to something new. It is just unfortunate here that no retailer has offered deals to Tivo users like Australia.

 

 

 

 

 

 

 

 

Consumer guarantee act says if the manufacturer or importer are no longer around then the retailer is liable to provide remedies, in this case - Spark, that's why consumers pay retail, so the retailer deals with problems when they occur

 

 


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  # 1743550 18-Mar-2017 20:33
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mattwnz:

 

sbiddle:

 

 

 

This means very little in the context of the product.

 

 

 

 

 

 

Not sure what you mean? 

 

 

I don't see what the deal is about this. All the screen says the Tivo account licence is valid for the life of the product. You really need to read the actual terms & conditions that you agreed to when you signed up for the Tivo account which are on the Tivo site.

 

 


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  # 1743552 18-Mar-2017 20:41
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gregmcc:

 

 

 

Consumer guarantee act says if the manufacturer or importer are no longer around then the retailer is liable to provide remedies, in this case - Spark, that's why consumers pay retail, so the retailer deals with problems when they occur

 

 

 

 

But Spark don't provide the Tivo service and the terms and conditions make this clear. Their CGA obligations are with the hardware that they sold you.

 

After November you will have a functioning piece of hardware that can still watch or record TV but lacks an electronic EPG, a service that is not and never was provided by Spark. I still don't understand why you're all still bashing Spark when the issue is with the provider of the Tivo service.

 

 

 

 

 

 

 

 


 
 
 
 


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  # 1743564 18-Mar-2017 21:21
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sbiddle:

gregmcc:


 


Consumer guarantee act says if the manufacturer or importer are no longer around then the retailer is liable to provide remedies, in this case - Spark, that's why consumers pay retail, so the retailer deals with problems when they occur


 



But Spark don't provide the Tivo service and the terms and conditions make this clear. Their CGA obligations are with the hardware that they sold you.


After November you will have a functioning piece of hardware that can still watch or record TV but lacks an electronic EPG, a service that is not and never was provided by Spark. I still don't understand why you're all still bashing Spark when the issue is with the provider of the Tivo service.


 


 


 


 



Firstly I also believe that 5 years out of a computer running 24/7 is not bad and a CGA claim will ultimately fail and cost more in legal expenses that one could ever dream to get back. I would have been happy to accept the loss of the EPG et al but I do wonder what will happen if I ever need to restart it. If it can't phone home I assume it will be bricked.




Always be yourself, unless you can be Batman, then always be the Batman



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  # 1743565 18-Mar-2017 21:31
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sbiddle:

 

 

 

But Spark don't provide the Tivo service and the terms and conditions make this clear. Their CGA obligations are with the hardware that they sold you.

 

After November you will have a functioning piece of hardware that can still watch or record TV but lacks an electronic EPG, a service that is not and never was provided by Spark. I still don't understand why you're all still bashing Spark when the issue is with the provider of the Tivo service.

 

 

 

 

The Tivo account activation/authentication servers go down on the same date, so if they need to fully reset the machine it will no longer function at all as that's required for setup. Atleast that's my understanding over some peoples outrage.


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  # 1743571 18-Mar-2017 21:52
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sbiddle:

gregmcc:


 


Consumer guarantee act says if the manufacturer or importer are no longer around then the retailer is liable to provide remedies, in this case - Spark, that's why consumers pay retail, so the retailer deals with problems when they occur


 



But Spark don't provide the Tivo service and the terms and conditions make this clear. Their CGA obligations are with the hardware that they sold you.


After November you will have a functioning piece of hardware that can still watch or record TV but lacks an electronic EPG, a service that is not and never was provided by Spark. I still don't understand why you're all still bashing Spark when the issue is with the provider of the Tivo service.


 


 


 


 



From my understanding the CGA covers and goods and services, not just goods. So pressume it would apply to both the hardware and the services it needs to work as advertised when it was sold by the NZ retailers

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  # 1743578 18-Mar-2017 22:04
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sbiddle:

How ironic that we're really just continuing the discussion from a few Tivo threads on here from 2009 asking what would happen if the EPG service was ever discontinued...



it is ironic, but I think many presumed that TiVo US would take it over, if the TiVo Oz licensee ever went out of business. . I wonder though what would have happened if it had been discontinued several years ago in terms of CGA claims? How long did Hybrid actually have the TiVo license for this Australia/ nz region?

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  # 1743579 18-Mar-2017 22:10
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loceff13:

sbiddle:


 


But Spark don't provide the Tivo service and the terms and conditions make this clear. Their CGA obligations are with the hardware that they sold you.


After November you will have a functioning piece of hardware that can still watch or record TV but lacks an electronic EPG, a service that is not and never was provided by Spark. I still don't understand why you're all still bashing Spark when the issue is with the provider of the Tivo service.



 


The Tivo account activation/authentication servers go down on the same date, so if they need to fully reset the machine it will no longer function at all as that's required for setup. Atleast that's my understanding over some peoples outrage.



Yes, according to TiVo Oz / Hybrid, it will be bricked if you do certain things, such as clear and delete, which I am guessing if you want to clear all your recordings. So it appears people could potentially accidentally brick their TiVo. But they recommend not using it at all and turning it off after they switch off their server http://support.mytivo.co.nz/index.php?action=artikel&cat=39&id=111&artlang=en

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  # 1743602 18-Mar-2017 22:55
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minimoke:

 

Thought we could do with a separate thread on this issue rather than having details buried in the other thread. I intend to claim so this I my initial thoughts. 

 

I have 2 Telecom (now Spark) supplied Tivos. One was sold to me for $300 (at a time the usual retail was around $750) and the other was “free“ provided I signed up for a further 12 months. So I am valuing this at $300 as well. 

 

I consider Telecom / Spark to be the Supplier. A supplier is a person who transfers ownership or the possession of the Tivo under a contract of sale, exchange, lease, hire, or hire purchase to me. Or transfers the ownership of the Tivo as the result of a gift from Spark to me. 

 

I reckon the Tivo must be durable (S7 (1) e of the Act) and given it is regarded a high end device I reckon a reasonable period of durability is 10 years. I also reckon Spark failed to tell me about the limited license which would see the product failing in October 2017 (S7 (1) i) and that this is something Spark knew at the time and it is something that should have been represented to me. 

 

It would seem to me that on 31 October my Tivos will fail. In that there will be no EPG so the Season Pass will no longer work, the Suggestions will no longer work and I will no longer be able to set up a programme to record from the Guide. Remote access will no longer work. I’m presuming the folders with recorded shows will also no longer work. I have no idea what will happen if I loose power and have to reboot. So the Tivo no longer works as it was described (S9) 

 

I anticipate my Tivos will fail so I intend asking Spark to remedy the problem within a reasonable time (S18 (2) a). Given the failure can’t be remedied (S18 (3) I think I shall be rejecting the Tivos. I shall hold onto the Tivos until they are collected by Spark as they are too big and expensive to post to them (S22 (2) a ii) 

 

Since the Tivos can’t be repaired I shall be asking for a refund of $300 per Tivo (S19 (1) c. 

 

I may also seek damages for the loss of enjoyment and functionality provided by the Tivo given no similar product is available (S18 (4). This will probably be an amount that brings me up to the retail price of whatever I get to replace the tivos 

 

So what are the problems with my plan?

 

 

So, your claiming $300 for Tivo 1, less an allowance for the years used, and claiming the cost expended by you, ($0) for Tivo 2, less an allowance for the years used?




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Ultimate Geek


  # 1743608 18-Mar-2017 23:34
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I dont think the CGA requires a depreciated value - so I'll be claiming full value.



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  # 1743609 18-Mar-2017 23:38
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Its a bit late and havent thought it fully through. But somewhere in consumer law you cant apply T's and C's after the contract was made.

At the time i bought a tivo off telecom that would season pass, suggestions etc. I had no interest in Hybrd. On 1 november it wont.

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