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wreck90
780 posts

Ultimate Geek
Inactive user


  #333868 24-May-2010 08:42
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Would the retailer bear the cost of fixing the laptop?

I wonder, if the retailers have an arrangement with their suppliers to repair goods under the CGA. 

It just seems unfair, for a retailer to bear the cost of repairing a laptop for which they did not design or build.

I have no problem with the importer/manufacturer bearing the cost though, after all, they built / imported the thing. 

The whole CGA is really a mess. 

You have to threaten legal action if you want your goods fixed - maybe the store could trespass you if you invoke the CGA?  And, anyway, why should the store be liable for faulty goods manufactured by reputable companies? 



RustyGonad
495 posts

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  #333894 24-May-2010 10:02
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Firstly, read up of the CGA - specifically the two bits about goods being fit for the intended purpose, and the sections relating to durability.

Secondly - ignore the nay sayers who tell you its too hard, too scary etc etc etc. To the best of my knowledge none of them speak from experience, they all knock the process, usually because they have been shafted and bought worthless extended warranties.

In plain english the CGA means that in New Zealand, good and services should do what they are sold to do, and last for a reasonable amount of time, without significant failure.

In the case of computers (which includes PS3's and XBox 360's), a reasonable amount of time has been indicated (and tested via the Disputes Tribunal, specifically in a publicised case against Noel Leeming), to be around 5 years.

In most cases I have seen, the faults that occur are pretty common, and usually occur due to manufacturing or design defects. In these cases its cut and dry, the retailer/distributor or manufacturer must repair the fault at their cost. You can usually Google the fault and look for similar cases, as supporting evidence.

If you go to the Disputes Tribunal you should seek a full refund of the purchase price, and full refund of the $800 spent of repairs so far, and any associated costs you have incurred during the process. Based on similar cases with the same retailer you should have a very high chance of success.

If you've dropped your notebook, or caused the fault yourself all bets are off however.

Most retailers will do everything they can to avoid the disputes tribunal, they can't use their lawyers, and can't hide behind the blatent ignorance they exhibit inside the stores.

In my own experience, I have used to CGA a total of 6 times now, all sucessfully, all without needing to go to the Disputes Tribunal. This includes getting a 3 1/2 year old gaming console replaced with a brand new one, a couple of months ago, and helping a mate get his Samsung LCD repaired (quoted $500+) for free last month.

In my own experience/opinion the most supportive retailers have been Harvey Norman (completey understood their obligations under the CGA), the least supportive has been Dick Smith (exhibited a blatent disregard of their obligations under the CGA - but I still won). Noel Leeming have a well publicised record of ignorance, which is one of the reasons I would never buy anything there again...

 
 
 
 


Lias
4228 posts

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Lifetime subscriber

  #333903 24-May-2010 10:16
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RustyGonad: Firstly, read up of the CGA - specifically the two bits about goods being fit for the intended purpose, and the sections relating to durability.

....


+1 for everything he said.




HiJinx

253 posts

Ultimate Geek

Geekstore

  #334082 24-May-2010 15:13
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RustyGonad: Firstly, read up of the CGA - specifically the two bits about goods being fit for the intended purpose, and the sections relating to durability.

Secondly - ignore the nay sayers who tell you its too hard, too scary etc etc etc. To the best of my knowledge none of them speak from experience, they all knock the process, usually because they have been shafted and bought worthless extended warranties.

In plain english the CGA means that in New Zealand, good and services should do what they are sold to do, and last for a reasonable amount of time, without significant failure.

In the case of computers (which includes PS3's and XBox 360's), a reasonable amount of time has been indicated (and tested via the Disputes Tribunal, specifically in a publicised case against Noel Leeming), to be around 5 years.

In most cases I have seen, the faults that occur are pretty common, and usually occur due to manufacturing or design defects. In these cases its cut and dry, the retailer/distributor or manufacturer must repair the fault at their cost. You can usually Google the fault and look for similar cases, as supporting evidence.

If you go to the Disputes Tribunal you should seek a full refund of the purchase price, and full refund of the $800 spent of repairs so far, and any associated costs you have incurred during the process. Based on similar cases with the same retailer you should have a very high chance of success.

If you've dropped your notebook, or caused the fault yourself all bets are off however.

Most retailers will do everything they can to avoid the disputes tribunal, they can't use their lawyers, and can't hide behind the blatent ignorance they exhibit inside the stores.

In my own experience, I have used to CGA a total of 6 times now, all sucessfully, all without needing to go to the Disputes Tribunal. This includes getting a 3 1/2 year old gaming console replaced with a brand new one, a couple of months ago, and helping a mate get his Samsung LCD repaired (quoted $500+) for free last month.


In my own experience/opinion the most supportive retailers have been Harvey Norman (completey understood their obligations under the CGA), the least supportive has been Dick Smith (exhibited a blatent disregard of their obligations under the CGA - but I still won). Noel Leeming have a well publicised record of ignorance, which is one of the reasons I would never buy anything there again...


Exactly what I wanted to hear - thanks RustyGonad!




Shaun Fisher - www.geekstore.co.nz

E: shaun[at]geekstore[dot]co[dot]nz
P: 0800894508  F: 0800897451

1080p
1332 posts

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  #343334 19-Jun-2010 22:18
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Here is a little more clarification on claiming refunds or replacements on items out of warranty.

Most retailers will not want to refund or replace an out of warranty unit; they will most likely attempt to have it repaired (or at least see a quote first). They are entirely within their rights to do this and sending it to a repair agent can take a few weeks depending if it must be sent out of the country. Getting angry about this because you only have three days till you fly to India _WILL NOT HELP_

This is a very unfortunate situation and in most cases the retailer will voluntarily sort you out. If you can't get an immediate replacement or loan unit becoming belligerent could possibly result in you leaving the store with a replacement but I find everyone is left with a nasty taste in their mouth and I unreservedly detest humans who act in this manner.

Pretty much every time you attempt to have a unit replaced or get a refund they will resist and you will need to be firm and stand your ground. Know your rights; read the consumer guarantees act. New Zealand consumers are some of the most protected in the world.

The store will not want to replace or refund you because the store _WILL NOT_ receive a credit or replacement from their supplier and they will effectively be out of pocket for whatever they replace you with.

They are obliged to do this, however, as by selling the product they must 'stand by it' and guarantee its quality in case it fails within a reasonable lifetime.

All stores will want to keep a happy customer base and many are under strict orders from their head office to make sure no customer leaves the store in a bad mood (no matter how idiotic they are).

Under no circumstances should you allow a store to direct you to contact a manufacturer directly. This is the store's responsibility and can be a pain in the butt - which is why they generally try and fob it off on to customers. If you are concerned with speedy results, however, it might pay to contact them manufacturer yourself as the store can often have a backlog of repairs/credit claims. Make sure you ask the store for the correct paperwork if needed and even an outline of what you must do to gain a repair/replacement from the manufacturer.

I have only run into one exception to the above rule. Apple products (excluding iPhone). You should phone 00800 7666 7666 (international free phone, usually routes to .au unless you call at an odd time). The reason for this is that if you have a broken set of iPod headphones, for example, and take it back to the store they will (read: should) need to take the entire iPod kit (iPod, original box, USB cable, etc...) because if they have the headphones replaced Apple can require _EVERYTHING_ to be sent back or they may only want the serial number. Their decision procedure for this seems entirely random as far as I can tell. This sounds ridiculous but it is the ugly side of the Apple Inc.

I have run into several cases where a customer has returned a MacBook AC adapter only to have me ring them the next day saying that I needed their MacBook to complete the replacement/repair process. Needless to say there have been some very unhappy customers because of this.

It always pays to call Apple yourself unless the actual unit (MacBook, iPod, iPhone) has died.

robbyp
1163 posts

Uber Geek


  #343337 19-Jun-2010 22:33

1080p: Here is a little more clarification on claiming refunds or replacements on items out of warranty.

Most retailers will not want to refund or replace an out of warranty unit; they will most likely attempt to have it repaired (or at least see a quote first). They are entirely within their rights to do this and sending it to a repair agent can take a few weeks depending if it must be sent out of the country. Getting angry about this because you only have three days till you fly to India _WILL NOT HELP_

This is a very unfortunate situation and in most cases the retailer will voluntarily sort you out. If you can't get an immediate replacement or loan unit becoming belligerent could possibly result in you leaving the store with a replacement but I find everyone is left with a nasty taste in their mouth and I unreservedly detest humans who act in this manner.

Pretty much every time you attempt to have a unit replaced or get a refund they will resist and you will need to be firm and stand your ground. Know your rights; read the consumer guarantees act. New Zealand consumers are some of the most protected in the world.

The store will not want to replace or refund you because the store _WILL NOT_ receive a credit or replacement from their supplier and they will effectively be out of pocket for whatever they replace you with.

They are obliged to do this, however, as by selling the product they must 'stand by it' and guarantee its quality in case it fails within a reasonable lifetime.

All stores will want to keep a happy customer base and many are under strict orders from their head office to make sure no customer leaves the store in a bad mood (no matter how idiotic they are).

Under no circumstances should you allow a store to direct you to contact a manufacturer directly. This is the store's responsibility and can be a pain in the butt - which is why they generally try and fob it off on to customers. If you are concerned with speedy results, however, it might pay to contact them manufacturer yourself as the store can often have a backlog of repairs/credit claims. Make sure you ask the store for the correct paperwork if needed and even an outline of what you must do to gain a repair/replacement from the manufacturer.

I have only run into one exception to the above rule. Apple products (excluding iPhone). You should phone 00800 7666 7666 (international free phone, usually routes to .au unless you call at an odd time). The reason for this is that if you have a broken set of iPod headphones, for example, and take it back to the store they will (read: should) need to take the entire iPod kit (iPod, original box, USB cable, etc...) because if they have the headphones replaced Apple can require _EVERYTHING_ to be sent back or they may only want the serial number. Their decision procedure for this seems entirely random as far as I can tell. This sounds ridiculous but it is the ugly side of the Apple Inc.

I have run into several cases where a customer has returned a MacBook AC adapter only to have me ring them the next day saying that I needed their MacBook to complete the replacement/repair process. Needless to say there have been some very unhappy customers because of this.


It always pays to call Apple yourself unless the actual unit (MacBook, iPod, iPhone) has died.


 

Apple are however not above NZ consumer law, so I wouldn't make an exception for them. Not everyone keeps their boxes, infact I always dispose of them shortly after the purchase.

I have had dealing with Apple and was not impressed. I purchased some ipod remote headphones through Magnum Macs online store, and the remote on them failed(I have since learnt that many of them are faulty and apple are recalling them). Magnum Mac told me to contact apple direct. I did this, talked to someone out of india it sounded like, and they told me to take them to the local service agent, which was Magnum mac in welly, and they would switch them on the spot for some new ones. They said if I lived in Austrlai, they would infact send me a courier box, where I could send them back to them, but NZ doesn't get this superior service. When I made a special trip to their welly store, they told me that they would need to sent them back to apple/their supplier, and that apple had given me incorrect information about them being able to switch them on the spot. A week later I got some new ones. It was resolved inthe end, but calling apple direct was a waste of time, Magnum mac should have just told me to return them to them.

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