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596 posts

Ultimate Geek
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# 39526 15-Aug-2009 22:13
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Hey when the new iPhone 3GS came out last month - I have a feeling that the iPhone plan's Early Termination charge (for example $350) did not say "The termination prices shown below are exclusive of G.S.T." like they currently do: http://www.vodafone.co.nz/iphone/plans.jsp#expander5 and actually included GST.

Have they recently added this "Excludes GST" bit on very recently?

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2376 posts

Uber Geek
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  # 247069 15-Aug-2009 22:20
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As far as I remember the "The termination prices shown below are exclusive of G.S.T." has just been added recently. I don't remember seeing it a few weeks ago but don't quote me on that..

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Ultimate Geek
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  # 247079 15-Aug-2009 22:55
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Looks like it wasn't there in the past but they've added it since:

http://www.geekzone.co.nz/forums.asp?forumid=76&topicid=36543

 
 
 
 




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Ultimate Geek
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  # 247082 15-Aug-2009 23:00
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Damn them! They don't have to give out like a months notice or something before changing these kind of things I guess then. I had a feeling that I read on some T&C's that they would give you a months notice if they did change these kind of fees.

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Uber Geek
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  # 247091 16-Aug-2009 00:04
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Actually, they most certainly do have to give you notice, especially since you have a dead tree document with the original terms on it. I don't recall if they have to have your agreement to change the terms (though anything significant they most certainly do) but I have a feeling that anything to do with money is whatever it says at the beginning of your contract.

Dammit, your signature reminds me of work, and it's the weekend.




I finally have fibre!  Had to leave the country to get it though.


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Master Geek


  # 247124 16-Aug-2009 10:13
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I thought termination fees were always quoted Ex GST. I know for the txter plan im on the disconnection rates where 160ex GST last time I had alook on the web page



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Ultimate Geek
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  # 247125 16-Aug-2009 10:16
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Yea I think the only plan page that didn't have GST was the iPhone plan until recently though.

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Uber Geek
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  # 247224 16-Aug-2009 16:06
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Well i got mine with including GST a couple of months ago, then when i got the bill they added GST, i rang them and told them I am not paying it as there website said including GST (they only just added Term Exclude GST). They told me this "adding of GST" has only happen on my account but I have a funny feeling they have been charging them from day 1 of iphone plans and just adding GST on top of the term rate even when the website said including.
Nice little money maker if people did not notice.

 
 
 
 


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Geek


  # 247839 17-Aug-2009 18:59
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At launch it did specifically say Includes GST and it was $300 bucks to disconnect straight away from a iphone 40

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Master Geek
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  # 248047 18-Aug-2009 10:33
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If it didn't mention GST at the time when you signed then it should be considered as being inclusive of GST, as GST is legally a tax on the supplier not the consumer. If anyone argues this with Vodafone let me know and I'll find the particular section of the act and cases to back it up.

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Geek


  # 248257 18-Aug-2009 17:14
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darkevil011: At launch it did specifically say Includes GST and it was $300 bucks to disconnect straight away from a iphone 40

thats what i thought too, that it included gst


when i disconnect, how can i argue without the proof?

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Geek


  # 248305 18-Aug-2009 19:38
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You can't :-(

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Uber Geek
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  # 248368 18-Aug-2009 21:43
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The early termination fees have ALWAYS been exclusive of GST.

The only difference is that now they tell you that on the website.

They don't need to give you a months notice as nothing has changed.

Is it a bit missleading? Yes. Is it illegal? No...

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Master Geek
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  # 248383 18-Aug-2009 22:05
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simon14: The early termination fees have ALWAYS been exclusive of GST.

The only difference is that now they tell you that on the website.

They don't need to give you a months notice as nothing has changed.

Is it a bit missleading? Yes. Is it illegal? No...

Actually it may be illegal. Depends on what the contract that was signed says in regards to changes to termination fees. A price must include GST unless it is explicity stated that it does not.

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  # 248419 18-Aug-2009 23:40
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My point is, there was no CHANGE to the contract.

The only change is that they now state it doesn't include GST on their website.

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Master Geek
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  # 248465 19-Aug-2009 08:02
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savag3:
simon14: The early termination fees have ALWAYS been exclusive of GST.

The only difference is that now they tell you that on the website.

They don't need to give you a months notice as nothing has changed.

Is it a bit missleading? Yes. Is it illegal? No...

Actually it may be illegal. Depends on what the contract that was signed says in regards to changes to termination fees. A price must include GST unless it is explicity stated that it does not.


Have to agree, if they have made a change to the terms of the contract there must be actual notification and acceptance by the other side, otherwise the terms of the original contract will hold. If the original contract said 300 with no mention of GST then its inclusive. The fact that previous termination fees were exclusive wouldn't matter as it would be a stretch to say it was an implied term of the contract even without considering that it is far from being public knowledge.

However if the cotnract you signed said exclusive then it really doesn't matter what the website said, unless that was the site you were directed to to read in regards to your contract terms.

Either way Vodafone really need to stop acting like Telecom of old. They're losing way to much of the goodwill they spent years gaining.

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