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HaydenWellington

20 posts

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#91454 13-Oct-2011 14:56
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A while back I bought a new Serra Wireless t-stick (HSPA+) from the Telecom store. I was really encouraged to buy it due to the advertising at the time basically staying that you can use it anywhere, the ads featured someone rock climbing and using it on top of a large mountain, someone using it in the doorway of a campervan (without an extension cord, which was not included), and someone using it on a crowded train. I concluded from the information that it was robust, and could be used in places where it could be knocked.....In other words it was fit for the purpose advertised.

I bought the stick back to the Telecom Store, and was told that they easily break when knocked, but knocks were not covered by the warranty. I tried to challenge them by saying it did not fit the purpose being advertised.  They said I should have used an extension cord, this was not included in the pack and none of the advertising featured anyone using this cord. They told be the only safe place to use the stick was on a staple desk, and not to even use it on my lap via my laptop without the extension cord, as it risked being knocked.

I was very annoyed by this because Telecom on one hand was making money out of people wanting to be more mobile, but when it broke they said I was using it the wrong way and it should be only using it on a staple desk.....If I knew this from the start I would have not purchased. My thinking was that if someone was using on top of a mountain then surly it must be robust, and be able to withstand some knocks.

 What are your opinions on this?,


PS When I visited the Telecom Store the other day, I found out the Serra Wireless have now changed there design, and now when it is knocked it swiffles (moves). I was also told that the reason why they changed the design was because of the above problem, and allot of people had the same problem.

PPS The staff at the Telecom store declined me a refund or replacement on the spot, they said they could send it off to a mobile repair place but it would be at my expense if it was found to not be Telecoms fault. Any way they did decline me, and I paid a very high fee for it to be looked at. What I found out later was the mobile repair place just took photos of the stick, and they don’t even open them let alone repair them, so I paid $196 for a few photos and a 2min job !!.

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floydbloke
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  #532905 13-Oct-2011 15:32
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You could have a 'not-fit-for-purpose' case under the CGA, but here are some of my thoughts/questions:
*You haven't stated how yours broke
*I haven't seen the ads, but going by your description they certainly infer a reasonable toughness
*The swivel re-design also gives some suggestion of acknowledging that the earlier desing needed improvement
*Did you inspect it before you bought it to re-assure yourself that it was robust enough for how you were going to use it
*Are you intending to go down the CGA/ disputes route, if so why did you not do so before handing over $200 to get it inspected, which does indeed seem excessive.





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HaydenWellington

20 posts

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  #532935 13-Oct-2011 15:57
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floydbloke: You could have a 'not-fit-for-purpose' case under the CGA, but here are some of my thoughts/questions:
*You haven't stated how yours broke
*I haven't seen the ads, but going by your description they certainly infer a reasonable toughness
*The swivel re-design also gives some suggestion of acknowledging that the earlier desing needed improvement
*Did you inspect it before you bought it to re-assure yourself that it was robust enough for how you were going to use it
*Are you intending to go down the CGA/ disputes route, if so why did you not do so before handing over $200 to get it inspected, which does indeed seem excessive.



Thanks so much for your reply :-)


*You haven't stated how yours broke

The USB became loose; I don’t remember ever knocking it. The person at the Telecom Store said if it’s loose = Must of been knocked. I don't remember any event where it was knocked. Telecom just assumed.



*Did you inspect it before you bought it to re-assure yourself that it was robust enough for how you were going to use it

I had an earlier t-stick on the old network  (no SIM card on old network), I assumed it was the same toughness/quality. What I have found out is by having a sleeve for the SIM card right next to (above) the USB plug its self made it less strong. On the previous t-stick since it did not have a SIM card slot the USB plug was completely surrounded in plastic making it stronger.

*Are you intending to go down the CGA/ disputes route, if so why did you not do so before handing over $200 to get it inspected, which does indeed seem excessive.

The Telecom staff told me I MUST follow there process before I can complain to an outside organisation.

pageweon
393 posts

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  #532964 13-Oct-2011 16:36
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the usb point on a t-stick is definately a weak point, arguably the only weak point on it (no other real moving parts)because of this I always recommend using the usb cable to connect them up, however I dont think they would be any more fragile then any other usb plugging device (such as a flashdrive).

As for the advert giving an impression of robustness, you might find that hard to argue given that (im guessing)the advert was about being able to use the device in diverse areas rather then being "tough". I mean, personally I wouldnt take my laptop up a mountain nor would I expect it to be tough enough to withstand the rigours of that activity.

the $200 fee sounds interesting though, was this just for assessment? I would have thought that would include a repair (even if it was out of warrenty) as far as i am aware the telecom repair centre(telegistics) has a $55 assessment fee.
you should be able to check on your repair work order at http://telegistics.co.nz/




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eXDee
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  #532976 13-Oct-2011 16:44
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I have a T-Stick and a Vodem, both have managed to survive no worries, slight bumps but nothing to cause the USB to break.

Generally any kind of physical damage will be met with a non warranty response, unless it can be proven that the product is not fit for purpose or defective in a way, and that the damage occurred from normal careful use.

HaydenWellington

20 posts

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  #532985 13-Oct-2011 16:51
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pageweon: the usb point on a t-stick is definately a weak point, arguably the only weak point on it (no other real moving parts)because of this I always recommend using the usb cable to connect them up, however I dont think they would be any more fragile then any other usb plugging device (such as a flashdrive).

As for the advert giving an impression of robustness, you might find that hard to argue given that (im guessing)the advert was about being able to use the device in diverse areas rather then being "tough". I mean, personally I wouldnt take my laptop up a mountain nor would I expect it to be tough enough to withstand the rigours of that activity.

the $200 fee sounds interesting though, was this just for assessment? I would have thought that would include a repair (even if it was out of warrenty) as far as i am aware the telecom repair centre(telegistics) has a $55 assessment fee.
you should be able to check on your repair work order at http://telegistics.co.nz/


A USB stick does not usually have a place to insert a SIM card, the plug is usually completely surounded by plastic making it stronger.

Ill scan a copy of telegistics recept.

HaydenWellington

20 posts

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  #532990 13-Oct-2011 16:55
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eXDee: I have a T-Stick and a Vodem, both have managed to survive no worries, slight bumps but nothing to cause the USB to break.

Generally any kind of physical damage will be met with a non warranty response, unless it can be proven that the product is not fit for purpose or defective in a way, and that the damage occurred from normal careful use.



I mean, personally I wouldnt take my laptop up a mountain nor would I expect it to be tough enough to withstand the rigours of that activity

Telecom obviously thinks its fine and normal use. Geologist often use lap tops in this way. Its not so much that the lap top was useed on a mountain in the ad, its giving the IMPRESSION that its robust.

HaydenWellington

20 posts

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  #533000 13-Oct-2011 17:14
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If I saw an ad on TV for a watch, and the ad showed someoner diving in it, I would assume the watch is water proof and capable of withstanding depths that most people would dive too. If the watch then was not water proof and got water logged from a quick shower, then I would count that as misleading.

 
 
 

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joff_nz
446 posts

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  #533082 13-Oct-2011 20:46
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Yeah but I don't agree it's the same. You can use your laptop with a tstick or whatever on a mountain without bumping it, but you can't go diving with your watch on without getting wet.

A long thin anything poking out of a laptop would be vulnerable. Does the user manual give you any information about how it should be used or treated?

Do any of the ads show the stick being pushed or knocked or just in ways that you 'assume' it would be maltreated?

If it has a physical break in it then i'd expect that something must have happened to it. Whether you remember it or not.

pageweon
393 posts

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  #534559 18-Oct-2011 09:00
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did you hear back about the repair fee?




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johnr
19282 posts

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  #534563 18-Oct-2011 09:04
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If the ad showed someone hitting the t-stick with a hammer and getting no damage then you would have a case,

The Telecom ad was all about been able to use it in different locations nothing else

HaydenWellington

20 posts

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  #534853 18-Oct-2011 17:30
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Thanks for your opinions, I guess I and some others saw the advertising differently. Theres is a difference in my opnion from being told you MUST use it on a stable desk, vrs the adverttising showing it being used everywhere but a stable surface. Ill follow up with the Commerce Commision and see what there opnion is, the Telecommunication Disputes Service seems to industry controlled to me, like the Advertising Standards Authority is.

Kind Regards

Hayden

HaydenWellington

20 posts

Geek


  #534855 18-Oct-2011 17:34
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I wonder if they would have sold as many sticks if they said you must use on a stable desk to avoid damage....Not so much a "on the go" product then.

webwat
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  #534870 18-Oct-2011 18:07
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joff_nz: Yeah but I don't agree it's the same. You can use your laptop with a tstick or whatever on a mountain without bumping it, but you can't go diving with your watch on without getting wet.

A long thin anything poking out of a laptop would be vulnerable. Does the user manual give you any information about how it should be used or treated?

Do any of the ads show the stick being pushed or knocked or just in ways that you 'assume' it would be maltreated?

If it has a physical break in it then i'd expect that something must have happened to it. Whether you remember it or not.


I think in the end you would be taking this to disputes tribunal so you don't need watertight legal arguments but printing out the CGA and Fair Trading Act forces the tribunal to follow the law as written. If the device was advertised being used without being on a Stable table then I think the tribunal would agree with you. I also think ComCom might be interested in the Fair Trading aspect of the advertising, especially if you can get a written explanation from the dealer that the device should NEVER be used without a stable table. Can't see why they don't want to replace it.




Time to find a new industry!


AndrewMac
83 posts

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  #534879 18-Oct-2011 18:15
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With the new swivel design it still only goes left and right, not up and down so perhaps it was done so it can fit in usb ports beside other usb devices

HaydenWellington

20 posts

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  #535118 19-Oct-2011 12:47
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AndrewMac: With the new swivel design it still only goes left and right, not up and down so perhaps it was done so it can fit in usb ports beside other usb devices



Good point did not think of that :-), the guy at the Telecom store said it was because of the damage aspect. I phoned and said "I came into your store today and noticed Sierra Wireless had changed there design, I have an older one, why did they change there design ?" and was meet with the responce  "because we had quite a few returned because of brackage (sp)"......I recorded the call for quality and training purposes lol ;-). I found out about the Disputes Tribunal, the good think about it its a lawyer free zone, so no Telecom big wig lawyers, I can name the person at the shop in the complaint that declined me, not just Telecom Retail Limited.

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