Consumers Guarantees Act

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euanandrews

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Topic # 13533 15-May-2007 20:35

So my laptop died.

Combined with a series of failures by the service company...I'm at my wit's end.

So I have read up on the consumers guarantees act and am going to return my laptop and demand a full refund.

My only questions is this:
Do I have to take my laptop back to the exact store I brought it, or in this case, Noel Leeming being a nationwide chain, can I take it to the local store?

rscole86

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Reply # 70830 15-May-2007 20:48

You should be able to take it to a local store.

Whoever the retailer has the right to send the laptop away to be looked at and get it repaired, or replace it with a similr model.

Depending on whats wrong with it, how long you have had it, what condition its in, they will almost definitly send it away to be repaired.

tonyhughes

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Reply # 70831 15-May-2007 20:55

Id say yes, if you are going to start invoking the CGA and pushing your rights, then the store of purchase will be the place to go.

As Ross pointed out, they can repair, replace or refund at their discretion (with some caveats - e.g. reasonable timeframe being part of it).

rscole86

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Reply # 70832 15-May-2007 21:07

If you have taken the latop to the service company directly to get it repaired, you can ask them to do it right next time or you will get a quote from someone else and get them to pay for it. But you will need to make sure that by doing that you will not void your warranty.

The easiest thing is to do what you are going to do anyway, by going to the retailer.

Have a look here. and look at the CGA - A Guide For Retailers pdf, just so you know what to expect.

euanandrews

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Reply # 70834 15-May-2007 21:39

tonyhughes: As Ross pointed out, they can repair, replace or refund at their discretion

The way I read the CGA, they have discretion, but not with the long service period its taken to date, they have failed there and I can demand a refund as a result?
And the problem is a serious one, as the laptop does not function properly/acceptable quality, fitness for particular purpose, so I am entitled to demand a refund.

Faulty Goods

Rights and remedies

Rights if goods are faulty

The Act requires the retailer who supplied the goods to sort out any problems. This means a retailer can not tell you to take the problem to the manufacturer.

You can choose whether to seek a remedy for the problem from the trader or the manufacturer.

When you have bought something that doesn’t meet one of the guarantees you have the following rights:

Minor problems

You can ask the trader to fix the goods. The trader must choose between repairing the goods, replacing the goods or giving you a refund.

If the trader refuses to fix the problem or takes more than a reasonable time to do so, you can return the goods and ask for your money back. Or, you can ask for replacement goods, if the same type of goods are reasonably available to the trader. Or, you can take the goods elsewhere to be fixed and ask the supplier to pay for the cost of repair.

Serious problems

If the problem is a serious one (the goods are unsafe, substantially do not meet acceptable quality, fitness for particular purpose, description or sample), you can choose to:

return (reject) the goods and get your money back, or
return the goods for a replacement of similar value and type (if the goods are reasonably available as part of the supplier's stock ), or
keep the goods and have the price reduced to make up for its drop in value.

If the goods cause damage when they become faulty -the washing machine floods the laundry ruining the vinyl flooring - you can ask the supplier to pay for the damage. This is called consequential loss.

rscole86

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Reply # 70839 15-May-2007 22:07

According to the CGA guidlines you are within your rights to ASK for a refund.

By demanding it they may "delay" the process.

However I suggest you do not go in there demanding your money back, and dont expect them to neccesarily give you your money back the day you go in there.

Depending on how Pacific Retial run their stores, the manager on duty may not have the authority to give you your money back on the spot, this also depends on how you paid for it and when.

You do have to realise that the CGA information on the internet is a guidline, and there may be some technical clauses that are not stated. The CGA is not very cut and dried and can be inturpretted in different ways.

Good luck with them! And let us know how it goes!

Oyajipunk

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Reply # 70930 16-May-2007 21:53

My suggestion is to call Noel Leeming's free dial number, and ask if they will refund or replace your computer.

You have the extended warranty, right? I don't see why they should refuse.

As stated by others, you may have to keep pushing them for a decision.

I think it is way too early to threaten with the CGA.

Speak to NL first, you may be surprised!

(My folks had a Dick Smith TV that went kaput 6 weeks after the warranty ran out. DSE fixed it no questions asked).