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nate

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#150897 7-Aug-2014 00:51
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I have a Samsung S3 which was replaced in January last year under PhoneInsure.

Screen is now playing up, I'm assuming if there's a warranty, it'll only be for 12 months.  Can anyone confirm?

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sbowness
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  #1103794 7-Aug-2014 08:26
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Under NZ law, a warranty is largely irrelevant. The Consumer Guarantees Act protects you and if you get any grief, quote that. Effectively, the retailer is responsible for any defects for the length of its reasonable operating life. I'm pretty sure that it still applies to items replaced by insurance.

networkn
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  #1104254 7-Aug-2014 17:12
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sbowness: Under NZ law, a warranty is largely irrelevant. The Consumer Guarantees Act protects you and if you get any grief, quote that. Effectively, the retailer is responsible for any defects for the length of its reasonable operating life. I'm pretty sure that it still applies to items replaced by insurance.


This only applies if the item was purchased personally rather than through a company.

 
 
 
 


joff_nz
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  #1104430 7-Aug-2014 21:28
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Telecom offers a 2yr warranty on current phones, and I feel like voda may as well. If they don't, the fact that telecom does would give you a pretty good basis to argue 2yrs was a reasonable longevity.

But yeah, I'd check with voda that you don't actually have a 2yr warranty.


networkn
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  #1104437 7-Aug-2014 21:33
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I am 90% sure the phones are 2 year warranties.


sbowness
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  #1104501 7-Aug-2014 22:51
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networkn:
sbowness: Under NZ law, a warranty is largely irrelevant. The Consumer Guarantees Act protects you and if you get any grief, quote that. Effectively, the retailer is responsible for any defects for the length of its reasonable operating life. I'm pretty sure that it still applies to items replaced by insurance.


This only applies if the item was purchased personally rather than through a company.


A check of the Consumer Affairs website shows that "goods supplied to you as the result of an insurance claim" are covered by the Act.

networkn
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  #1104503 7-Aug-2014 22:53
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sbowness:
networkn:
sbowness: Under NZ law, a warranty is largely irrelevant. The Consumer Guarantees Act protects you and if you get any grief, quote that. Effectively, the retailer is responsible for any defects for the length of its reasonable operating life. I'm pretty sure that it still applies to items replaced by insurance.


This only applies if the item was purchased personally rather than through a company.


A check of the Consumer Affairs website shows that "goods supplied to you as the result of an insurance claim" are covered by the Act.


Which doesn't apply to companies. The companies act is called the fair trading act and provisions are different. 


rscole86
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  #1104552 8-Aug-2014 06:49
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Seems a few people here are guessing, and forgetting that the phone was replaced by an insurance company NOT the retailer.

When I was still working retail when offered extended warranties. If a product was replaced under that scheme you only got x days, or what was left of the original products warranty - whatever is greater of the two. It would stop there, as you had made use of the one off cost of that extended warranty. Ongoing insurance would obviously differ, presumably you still have the T&C's from when you first got the insurance?

 
 
 
 


sbowness
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  #1104555 8-Aug-2014 06:57
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networkn:
sbowness:
networkn:
sbowness: Under NZ law, a warranty is largely irrelevant. The Consumer Guarantees Act protects you and if you get any grief, quote that. Effectively, the retailer is responsible for any defects for the length of its reasonable operating life. I'm pretty sure that it still applies to items replaced by insurance.


This only applies if the item was purchased personally rather than through a company.


A check of the Consumer Affairs website shows that "goods supplied to you as the result of an insurance claim" are covered by the Act.


Which doesn't apply to companies. The companies act is called the fair trading act and provisions are different. 



Correct, if the purchaser was a company. But the point I was making at the outset is that if the purchaser was an individual and the item was replaced under insurance, then the CGA still applies from the date that it was replaced and the retailer that supplied the replacement phone is still bound by it for the reasonable lifetime of the phone. Both Consumer Affairs and the Consumers' Institute have quite a bit of information on their websites that cover this.

http://www.consumeraffairs.govt.nz/for-consumers/law/consumer-guarantees-act/goods-services-covered

nathan
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  #1104568 8-Aug-2014 07:56
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Dealing with the insurance company behind Vodafone phoneinsure is a right royal pain

Quite happy to take my premiums for years, then an excess when I smashed my HTC Snap a few years ago ( Windows Mobile 6.5)

Unable to supply a replacement and unwilling to return my excess fee unless I can prove I paid it. Unable to tell me how it was paid so I can go to my bank for proof

Asses




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James Bond
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  #1104736 8-Aug-2014 11:23
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I broke my iPhone 4 in the February 2011 Christchurch EQ - the screen shattered but I was still able to used it thanks to a Power Support USA film screen that was holding the whole thing in one piece - and the touch screen still worked!. Got it replaced via VF PhoneInsure and it took forever (I believe it was 6-8 weeks). The excess was $125 and the replacement was a refurbished one (I don't mind) - I could tell from the Serial #.

At the end of the day, it's great on paper but when it comes to the nitty gritty and you do the math, it's not worth it in the long run (IMO).

OP, was your replacement a refurbished one?





sbowness
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  #1104740 8-Aug-2014 11:28
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When buying these insurance policies, it's often worth thinking about whether your contents policy covers the phone. Many do.

richms
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  #1105673 9-Aug-2014 23:40
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A claim for a phone on your household policy will stuff your no claims discount, which IME is way more than the value of a phone less the excess they would cover you for.




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Handle9
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  #1105745 10-Aug-2014 08:59
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networkn:
sbowness:
networkn:
sbowness: Under NZ law, a warranty is largely irrelevant. The Consumer Guarantees Act protects you and if you get any grief, quote that. Effectively, the retailer is responsible for any defects for the length of its reasonable operating life. I'm pretty sure that it still applies to items replaced by insurance.


This only applies if the item was purchased personally rather than through a company.


A check of the Consumer Affairs website shows that "goods supplied to you as the result of an insurance claim" are covered by the Act.


Which doesn't apply to companies. The companies act is called the fair trading act and provisions are different. 



The consumer guarantees act does apply to B2B sales if they are goods that can be used for a normal domestic purpose. It doesn't apply to specialist commercial goods, goods sold in trade etc. To me a phone is normal domestic goods.

Businesses can contract out of the CGA to other businesses, but it needs to be done explicitly in their T&Cs.

http://www.consumeraffairs.govt.nz/for-business/compliance/quality-of-your-goods-or-services/goods-covered-by-consumer-guarantees-act

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