Consumer Guarantee Act on brand new faulty laptop

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iona1x

2 posts

Wannabe Geek

#261498 30-Nov-2019 17:34

Hi everyone.

A few days ago I ordered a new Macbook Pro online from Noel Leeming that arrived on Thursday. I managed to set everything up but within 15 minutes it had gone completely dead (despite having battery) and I couldn't get it to start up again. I took it in to my local store today to see what they could do and I was told very vaguely that because it was bought online the process was 'different' and that it would have to be sent back to Apple for them to look at. Reluctantly I handed it over but now I just feel like this was a mistake.

I've been trying to read up on the Consumer Guarantee Act and I'm worried that I should've just refused the product straight away. Paying over $2000 for a laptop only for it to work for 15 minutes and then having to accept a repaired one seems unfair to me.

Where do I stand here? Do I have any right to refuse the repaired laptop even if it's only a minor fault?

Any help or advice would be appreciated!

Thanks.

marpada

475 posts

Ultimate Geek

#2363665 30-Nov-2019 18:09

https://www.consumerprotection.govt.nz/general-help/common-consumer-issues/refund-replacement-repair/#if-things-go-wrong

Jase2985

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#2363666 30-Nov-2019 18:11

If it's a fairly minor problem, the supplier can choose whether to have the goods repaired or replace them. If the problem is substantial, you can refuse a repair and request a replacement or a refund.

it will need looked at to determine what the fault is. then if major you can refuse it and request a new item or a refund

sqishy

470 posts

Ultimate Geek

#2363669 30-Nov-2019 18:16

NL are right in this case - they need to do it this way.

kiwiharry

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#2363670 30-Nov-2019 18:18

Noel Leemings return policy says you can return within 14 days for refund or exchange.

https://www.noelleeming.co.nz/help/returns-and-exchanges/return-online-purchased-product.html

If you can't laugh at yourself then you probably shouldn't laugh at others.

sqishy

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Ultimate Geek

#2363672 30-Nov-2019 18:26

kiwiharry: Noel Leemings return policy says you can return within 14 days for refund or exchange.

https://www.noelleeming.co.nz/help/returns-and-exchanges/return-online-purchased-product.html

Yes good point but first they need the supplier to establish that its faulty and the fault was not caused by the owner.

Jase2985

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#2363674 30-Nov-2019 18:31

sqishy:

kiwiharry: Noel Leemings return policy says you can return within 14 days for refund or exchange.

https://www.noelleeming.co.nz/help/returns-and-exchanges/return-online-purchased-product.html

Yes good point but first they need the supplier to establish that its faulty and the fault was not caused by the owner.

From the above

"The item must be returned in its original condition"

faulty is not original condition.

i imagine the above is more for buyers remorse purchases.

kiwiharry

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#2363688 30-Nov-2019 19:35

But further down on the page is also this:

Products below are excluded from this guarantee, except where they are faulty.

So on face value I read that as meaning faulty goods are also covered by this policy.

If you can't laugh at yourself then you probably shouldn't laugh at others.

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Jase2985

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#2363692 30-Nov-2019 20:28

kiwiharry: But further down on the page is also this:

Products below are excluded from this guarantee, except where they are faulty.

So on face value I read that as meaning faulty goods are also covered by this policy.

but the OP's item is none of those...

those things are listed separate because they have a hygiene problem when returned or you can copy the item.

sparkz25

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Ultimate Geek
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#2363743 30-Nov-2019 23:17

sounds to me like its a DOA case and should be replaced straight away, not sent for repair or assessment.

Geektastic

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#2363752 1-Dec-2019 00:25

Personally, I'd have just rung Apple.

All new Macs come with phone support. From competent people.

They may well have fixed it for you over the phone.

boosacnoodle

963 posts

Ultimate Geek

#2363857 1-Dec-2019 10:26

A multi-thousand dollar laptop dying within 15 minutes of usage is "a minor problem" according to some people? You absolutely need to go back to Noel Leeming and get them to do the right thing (replace it). However, you may have a better experience with Apple directly. In my experience they use the "online" excuse to disclaim / transfer liability to the manufacturer / online team.

Jase2985

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#2363901 1-Dec-2019 11:39

@boosacnoodle:

A multi-thousand dollar laptop dying within 15 minutes of usage is "a minor problem" according to some people? You absolutely need to go back to Noel Leeming and get them to do the right thing (replace it). However, you may have a better experience with Apple directly. In my experience they use the "online" excuse to disclaim / transfer liability to the manufacturer / online team.

don't bring emotion into this, its a major or minor FAULT. it could be something simple like a loose connector inside it, constituting a minor fault, or it could be something like a blown motherboard constituting a major fault.

its got nothing to so with what people think, its to do with whats wrong with the item.

minimoke

750 posts

Ultimate Geek

#2365259 3-Dec-2019 07:09

sqishy:

NL are right in this case - they need to do it this way.

The CGA is between the Retailer and the buyer. It is for the retailer to put right, not for Apple to look at.

In this case, it sounds like it is a major fault - that is it is substantially unfit for purpose. This should be easy for a Noel Leeming employee to find out - just ask them to turn it on. If it works it works. If it doesnt then its substantially unfit. So an immediate replacement or cash back would apply.

If the laptop did turn on but was a bit flakey then arguably a repair may be an option in which case it could be sent back to a repairer like Apple. If this is teh case it has to be fixed in a "reasonable time" so what is "reasonable" - a couple of weeks?

kiwiharry

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#2372204 11-Dec-2019 09:55

@iona1x Any update on this?

If you can't laugh at yourself then you probably shouldn't laugh at others.

iona1x

2 posts

Wannabe Geek

#2374310 12-Dec-2019 15:40

Hey.
Sorry for not updating!

Noel Leeming called a few days ago to let me know that the laptop will be replaced with a brand new one.

I'm not exactly sure what was wrong but I'll be picking it up at the weekend and will find out then.

It all worked out way better than expected - I thought it was going to be a huge headache to deal with.

Thank you for all the advice!