CGA Part Deux

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#625592 15-May-2012 17:19

mattwnz:
kiwijunglist: I wonder if it's better to take the retailer or the manufacturer to the disputes tribunal as you have a choice as to who you want to take... Most people seem to take the retailer. ?I would considering asking the manufacturer if they can give you a refurbished model if you're having trouble.

Pretty sure it is the retailer you would take, unless they are no longer trading, as the contract of sale is with the retailer.

You're wrong, as I said above you have the choice of either the retailer or the manufacturer. That is the great thing about the CGA. Generally I think it's a lot easier to take the retailer, but I only suggested refurbished model from manufacturer as the manufacturer has already made contact with the consumer via the retailer.

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#625598 15-May-2012 17:28

kiwijunglist:
mattwnz:
kiwijunglist: I wonder if it's better to take the retailer or the manufacturer to the disputes tribunal as you have a choice as to who you want to take... Most people seem to take the retailer. ?I would considering asking the manufacturer if they can give you a refurbished model if you're having trouble.

Pretty sure it is the retailer you would take, unless they are no longer trading, as the contract of sale is with the retailer.

You're wrong, as I said above you have the choice of either the retailer or the manufacturer. ?That is the great thing about the CGA. ?Generally I think it's a lot easier to take the retailer, but I only suggested refurbished model from manufacturer as the manufacturer has already made contact with the consumer via the retailer.

No, I was saying that normally you would take the retailer, as why would you take the manufacturer, if the retailer is still operating? Also the contract is with the retailer. Sure you can also take the manufacturer instead, but I can't see what benefit that would have, unless they are possibly more likely to make an out of court settlement, rather than appearing.

mattwnz

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#625599 15-May-2012 17:30

itxtme: I think some of the replies are bizarre. This either fits within the CGA framework or it does not. The legislation says nothing about a pro rata system where you get what it would cost you to go buy a second hand TV. I think what is fair is that either they repair, replace or refund - is simple as that.

The concept of getting a portion of the price based on how much you used it is BS, its not a car thats been neglected and hasn't had its oil changed every year... The OP wants a refund, I would not get picky as if it goes to the tribunal you want to look to have done everything you could have.. Like I said, its either covered or it is not, thats the way it should be.

Yes I agree that some of the replies about the prorata refund are a bit odd, as the CGA does say 'refund' in the case of substantial failure. However if it was to go to the disputes tribunal, the adjudicator may judge that a prorata refund is the solution, and that is probably where they are coming from.

mattwnz

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#625601 15-May-2012 17:32

thecripplernz:
tdgeek:
networkn: Worthy of note, you aren't guaranteed that the DT would side with you then you would be out of pocket completely. I know some people personally who have lost in situations almost identical to yours.

That would tend to show that the customers demand?was?unreasonable? Although, I would have assumed that the DT would award what they deemed as a reasonable solution. I'm not sure if by lost, you mean they got nothing, or was awarded less that what they wanted?

I think they would have got less than they wanted

I dont think its like russian roulette

It can depend on the adjudicator, so I guess there is a bit of luck in it as to who you end up getting. But if you state a strong case with the facts of the law, and are reasonable with your requirements, the odds of winning are a lot better.

thecripplernz

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#625603 15-May-2012 17:34

Toshiba didn't budge. But they weren't importing to nz at the time of purchase anyway. It was Monaco

Dunnersfella

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#625785 15-May-2012 21:46

mattwnz:
itxtme: I think some of the replies are bizarre. This either fits within the CGA framework or it does not. The legislation says nothing about a pro rata system where you get what it would cost you to go buy a second hand TV. I think what is fair is that either they repair, replace or refund - is simple as that.

The concept of getting a portion of the price based on how much you used it is BS, its not a car thats been neglected and hasn't had its oil changed every year... The OP wants a refund, I would not get picky as if it goes to the tribunal you want to look to have done everything you could have.. Like I said, its either covered or it is not, thats the way it should be.

Yes I agree that some of the replies about the prorata refund are a bit odd, as the CGA does say 'refund' in the case of substantial failure. However if it was to go to the disputes tribunal, the adjudicator may judge that a prorata refund is the solution, and that is probably where they are coming from.

Nail on the head right here.
Case history tells us that prorata refunds are quite common within the CGA framework.
It's a bit of a process all right...

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kiwijunglist

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#625795 15-May-2012 21:55

Got news on my friend's CGA claim that I helped with:

Sony 40" LCD w. ?2yr warranty from Smith's city on HP
Died @ 2yr 6 mo (Dead panel)
Returned to Smiths City
Smiths City got in touch with manufacturer
Sony are replacing with new 40" LCD TV

Had to mention CGA, but didn't go as far as the Disputes Tribunal

PS. I'm not sure if replacing with equivalent model or not, my friend is a bit clueless and probably wouldn't notice anyway.

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thecripplernz

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#625800 15-May-2012 22:00

good resolution

mattwnz

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#625835 15-May-2012 23:48

kiwijunglist: Got news on my friend's CGA claim that I helped with:

Sony 40" LCD w. ?2yr warranty from Smith's city on HP
Died @ 2yr 6 mo (Dead panel)
Returned to Smiths City
Smiths City got in touch with manufacturer
Sony are replacing with new 40" LCD TV

Had to mention CGA, but didn't go as far as the Disputes Tribunal

PS. I'm not sure if replacing with equivalent model or not, my friend is a bit clueless and probably wouldn't notice anyway.

I wouldn't have expected anything less. That is less than 1000 days of use. Tvs should last a lot longer, especially sonys which considered a top brand. I had a sony crt tv repaired and covered by the CGA after 3 and a half years. I have a sony LCD tv that is still running after 8 years without any problems, but that was back when they were megabucks. Lots of motion blur compared to the new models though, even new 50hz ones.

thecripplernz

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#626378 16-May-2012 18:31

Hello again

I have been offered a Panasonic TH-L42U30Z

anybody familiar with this tv or panasonic Vieras?

Dunnersfella

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#626430 16-May-2012 19:53

Full HD, 50Hz, IPS panel up front and more connections on the back than any 2012 TV's.
Sure it's missing the S-Video connection of the 2010 TV's, but apart from that it's okay.
I'd guess that it would perform very well compared to your Toshiba.

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#626438 16-May-2012 19:59

I'm lead to believe it has integrated wifi.
I'm pretty sure it doesn't

mattwnz

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#626442 16-May-2012 20:00

thecripplernz: Hello again

I have been offered a Panasonic TH-L42U30Z

anybody familiar with this tv or panasonic Vieras?

Sounds alright. Panasonic are a good brand. 42 inch ones don't seem to be produced by all manufacturers so I guess they were limited as what to offer.

Handle9

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#626449 16-May-2012 20:14

thecripplernz: I'm lead to believe it has integrated wifi.
I'm pretty sure it doesn't

Does the Toshiba have integrated wifi? The Panasonic is wifi ready so but they may supply you with the dongle.

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#626494 16-May-2012 20:49

thecripplernz: I'm lead to believe it has integrated wifi.
I'm pretty sure it doesn't

It does not have wifi built in, but you can buy a dongle (Panasonic or a Belkin AV type wifi unit) that will allow you to connect to your LAN for DLNA, Shoutcast and Facebook... So it's not worth it in my opinion.

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