CGA advice

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D.W

725 posts

Ultimate Geek

#210487 29-Mar-2017 15:14

I've seen a couple of instances of people getting helpful information here on CGA enquiries so thought I'd try my luck.

I've got a Parmco free-standing oven, which was purchased 6.5 years ago for $3000.

The bottom element is no longer heating properly (we left the oven running on the bottom element only for half an hour, and it couldn't get over 100c). Given using the bottom element only is the preferred option for the likes of baking cakes etc, it is far from ideal.

I contacted the manufacturer in the first instance, as the retailer who sold it has closed their local branch (Betta Electrical, Christchurch). The manufacturer just directed me to the local service agent as the oven was out of warranty (5 year warranty).

I told the manufacturer that I didn't think that 6.5 years was a reasonable life expectancy for an oven of that cost, and that I thought they should cover the cost of repair as per the Consumer Guarantees Act, where it should be fit for purpose for a reasonable lifetime (Citizens Advice Bureau advise me that Consumer NZ considers an oven lifespan to be 15+ years).

The manufacturer offered to pay for spare parts only. I contacted the service agent and said that manufacturer would cover cost of parts, and asked what labour/travel charge would be. They gave me a figure which I thought was reasonable, so they said they would contact the manufacturer to source the parts required.

The service agent came back to me today to inform me that the manufacturer told them the oven is no longer manufactured and the parts required are not available. They offered to quote me for a replacement oven.

There is a similar example here, where the oven was replaced by the manufacturer: https://www.consumer.org.nz/articles/faulty-3600-oven-finally-replaced

I guess my question is, does anyone with a better knowledge/experience with the CGA than myself have a reasonable idea of what I can expect as an outcome? Am I being unreasonable in expecting the manufacturer to address the issue?

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#1750197 29-Mar-2017 15:25

1st instance point of contact is the retailer, but like you say they have closed up shop

2nd instance is the manufacturer or in this case the importer.

You will need to have a bit of a read of the CGA so you can quote the relevant sections, they are obliged to provide reasonable access to spare parts, typically around 10 years.

at $3k for an oven it should last longer than 6.5 years, so you will have to approach this from the not durable point.

it's up to the importer to repair/replace/refund, they can choose, must it must be to a suitable standard.

as a last resort you can if needed get elements custom made, it's not too difficult

networkn

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#1750198 29-Mar-2017 15:26

If they cannot repair your oven, then they will need to replace it free of charge with a replacement no less capable than the one you had before.

It's that simple.

I'd say oven 10-15 years is reasonable. $3000 isn't a cheap oven either.

Respectfully, but firmly, in writing, contact the manufacturer and advise them you consider what they have provided in remedy falls outside the CGA and given they cannot repair your oven in a reasonable timeframe, they will need to replace it.

Let them know you feel strongly enough about it, you are prepared to take it to the DT.

BlinkyBill

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#1750201 29-Mar-2017 15:28

All of the information you need is in that article. You don't clearly state that you invoked the CGA with Betta; I assume not. Your post is articulate - I have confidence that if you put your concerns and expectations under the CGA to Betta in writing, you will obtain their position which you can either accept or take further.

D.W

725 posts

Ultimate Geek

#1750203 29-Mar-2017 15:32

BlinkyBill: All of the information you need is in that article. You don't clearly state that you invoked the CGA with Betta; I assume not. Your post is articulate - I have confidence that if you put your concerns and expectations under the CGA to Betta in writing, you will obtain their position which you can either accept or take further.

I did not, as from my understanding I could either go direct to the retailer or the manufacturer. I expected I may encounter issues dealing with Betta given it was purchased from a branch that is now defunct, so opted to deal directly with the manufacturer.

I have only been emailing the manufacturer to ensure I have a written record of all communications, and have explicitly stated that I expect them to resolve the issue as per their obligations within the Consumer Guarantees Act.

Just a note also, the manufacturer (Parmco) is a NZ company, so no importer involved.

BlinkyBill

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#1750205 29-Mar-2017 15:32

gregmcc:
1st instance point of contact is the retailer, but like you say they have closed up shop

unless Betta are independently owned franchises, they have not closed up shop, although they *have* closed *a* shop.

networkn

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#1750206 29-Mar-2017 15:33

I believe Betta are franchises, however you could contact head office to check.

timmmay

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#1750230 29-Mar-2017 16:02

Try talking to Betta head office if their branch closed.

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trig42

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#1750238 29-Mar-2017 16:12

Hi,

I have a Parmco oven - AR900-LEG.

It developed the exact same fault, at about 6 years.

I called Parmco in Auckland, and after I explained to them that I felt it was unreasonable for the oven to not be heating, they also agreed to supply the parts to repair. They gave me a reference number to give to the repairers which I did.

The repairers came and had a look at the oven, and worked out (eventually) which bit they needed and Parmco had it out to them in a couple of days. They came back and repaired the oven. Goes like new now. Cost about $140 in labour. I was pretty happy with having to pay the labour, though I feel I probably could have pushed it (and if it happens again, I will). The oven cost about $2k when we bought it, so as far as 900mm ovens go, it was very cheap.

The issue with ours is the mechanism behind the function selection knob - it had overheated and needed replacing. The elements etc were all fine. Yours sounds the same (ours would only get to 100 degrees or so on one of the functions). Weird that Parmco say they haven't got the parts. They certainly had them for ours (and this was repaired in November last year).

IMO, an oven should last an absolute minimum of 10 years. 15 would even be reasonable I feel. You have CGA rights, you may need to threaten to take Parmco to the Disputes Tribunal.

D.W

725 posts

Ultimate Geek

#1750253 29-Mar-2017 16:24

trig42:

Hi,

I have a Parmco oven - AR900-LEG.

It developed the exact same fault, at about 6 years.

I called Parmco in Auckland, and after I explained to them that I felt it was unreasonable for the oven to not be heating, they also agreed to supply the parts to repair. They gave me a reference number to give to the repairers which I did.

The repairers came and had a look at the oven, and worked out (eventually) which bit they needed and Parmco had it out to them in a couple of days. They came back and repaired the oven. Goes like new now. Cost about $140 in labour. I was pretty happy with having to pay the labour, though I feel I probably could have pushed it (and if it happens again, I will). The oven cost about $2k when we bought it, so as far as 900mm ovens go, it was very cheap.

The issue with ours is the mechanism behind the function selection knob - it had overheated and needed replacing. The elements etc were all fine. Yours sounds the same (ours would only get to 100 degrees or so on one of the functions). Weird that Parmco say they haven't got the parts. They certainly had them for ours (and this was repaired in November last year).

Interesting you say that, I found this on another forum also:

On the subject of Parmco ovens -

Our property has one (purchased by landlord). For a while it had been failing to properly heat up when using any of the bake settings. Grill would work fine. Then the timer knob failed, the spring had come loose. Parmco sent out a 'technician'. He replaced the knob but we still had problems with it heating up. Landlord called out a different tech and found that the entire portion behind the timer knob (wires and all) had melted and was shocked the entire unit hadn't caught fire.

itxtme

2102 posts

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#1750465 30-Mar-2017 07:33

Not sure if you realise but part of the CGA is a requirement to have spare parts, so it is unacceptable for them to have none. I personally would not pay labour costs, but it may mean filing a claim at disputes tribunal.

tripp

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#1750467 30-Mar-2017 07:49

itxtme:

Not sure if you realise but part of the CGA is a requirement to have spare parts, so it is unacceptable for them to have none. I personally would not pay labour costs, but it may mean filing a claim at disputes tribunal.

What itxtme said :)

Just send them an email with links to the CGA etc.

askelon

875 posts

Ultimate Geek

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#1750492 30-Mar-2017 08:52

Parmco are a pain in the arse to deal with. Took us 3 months (Started in November, finally fixed Jan) to get an element replaced under warranty. They kept claiming they were ringing but nobody answered - amazing since I gave them my mobile number and can guarantee there were no missed calls at their claimed dates and definitely no messages left. Then they kept losing the serial number which had been given to them over the phone, emailed to them and txted to them. Wouldnt ever buy their stuff again. I like the oven, but the support is pathetic.

D.W

725 posts

Ultimate Geek

#1750494 30-Mar-2017 08:57

I went back to Parmco yesterday via email re-iterating the expectations as per the CGA, including the availability of spare parts.

They have come back to me this morning and said:

"As previously mentioned we have fulfilled our obligations above industry standard, and as per your email are now unable to offer parts, due to the model being discontinued and our relationship with the supplier non-existent.

I do understand where you are coming from and am happy to discuss with my manager further."

I've told them I'll wait until tomorrow to see what their manager says, otherwise will be logging with Disputes Tribunal.

itxtme

2102 posts

Uber Geek

#1750880 30-Mar-2017 20:26

Yep lodge with the disputes tribunal and then let the Parmco know you have made a complaint to the commerce commission about them being in breach of the Fair Trading act by misleading you on their obligations under the CGA to supply spare parts [Section 12 (1) & (2)]. Then I suggest you do fill out the online form on the CC's website.

linw

2849 posts

Uber Geek

#1751124 31-Mar-2017 12:58

Yea, go get the sods.

But, of course, in the mean time, you have a malfunctioning oven that could possibly catch fire. Perhaps you could mention they might have a house to replace along with the oven!

Good luck.

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