Geekzone: technology news, blogs, forums
Welcome Guest.
You haven't logged in yet. If you don't have an account you can register now.

715 posts

Ultimate Geek
+1 received by user: 121

# 210231 18-Mar-2017 17:10
Send private message

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?

View this topic in a long page with up to 500 replies per page Create new topic

This is a filtered page: currently showing replies marked as answers. Click here to see full discussion.

16407 posts

Uber Geek
+1 received by user: 3231


  # 1744903 20-Mar-2017 21:57
4 people support this post
Send private message











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.

View this topic in a long page with up to 500 replies per page Create new topic

Twitter and LinkedIn »

Follow us to receive Twitter updates when new discussions are posted in our forums:

Follow us to receive Twitter updates when news items and blogs are posted in our frontpage:

Follow us to receive Twitter updates when tech item prices are listed in our price comparison site:

News »

New Zealand PC Market declines on the back of high channel inventory, IDC reports
Posted 18-Jun-2019 17:35

Air New Zealand uses drones to inspect aircraft
Posted 17-Jun-2019 15:39

TCL Electronics launches its first-ever 8K TV
Posted 17-Jun-2019 15:18

E-scooter share scheme launches in Wellington
Posted 17-Jun-2019 12:34

Anyone can broadcast with Kordia Pop Up TV
Posted 13-Jun-2019 10:51

Volvo and Uber present production vehicle ready for self-driving
Posted 13-Jun-2019 10:47

100,000 customers connected to fibre broadband network through Enable
Posted 13-Jun-2019 10:35

5G uptake even faster than expected
Posted 12-Jun-2019 10:01

Xbox showcases 60 anticipated games
Posted 10-Jun-2019 20:24

Trend Micro Turns Public Hotspots into Secure Networks with WiFi Protection for Mobile Devices
Posted 5-Jun-2019 13:24

Bold UK spinoff for beauty software company Flossie
Posted 2-Jun-2019 14:10

Amazon Introduces Echo Show 5
Posted 1-Jun-2019 15:32

Epson launches new 4K Pro-UHD projector technology
Posted 1-Jun-2019 15:26

Lenovo and Qualcomm unveil first 5G PC called Project Limitless
Posted 28-May-2019 20:23

Intel introduces new 10th Gen Intel Core Processors and Project Athena
Posted 28-May-2019 19:28

Geekzone Live »

Try automatic live updates from Geekzone directly in your browser, without refreshing the page, with Geekzone Live now.

Support Geekzone »

Our community of supporters help make Geekzone possible. Click the button below to join them.

Support Geezone on PressPatron

Are you subscribed to our RSS feed? You can download the latest headlines and summaries from our stories directly to your computer or smartphone by using a feed reader.

Alternatively, you can receive a daily email with Geekzone updates.