The end-of-year brain fade before going on holiday.

1. I packed my prescription medicine to take with; but left it at the first stop, which necessitated an emergency trip to the pharmacist, and an urgent request to the doctor for the next 3 months supply to be sent to the other end of the country 2 months early...

2. Got home after the holiday and discovered we'd not turned off the water feature.  It ran dry, and both pumps have now seized and need to be replaced.  Sigh.

Holidays are expensive, and sometimes for all the wrong reasons!

(Interesting that no neighbour has yet complained or commented on the noise of the death throes of the dying pumps, as that's quite loud - and the fact I know that may tell you something about my luck with water feature pumps!)

So our Samsung Pyro oven is yet again playing up, randomly turning off while cooking, irritating but this tale has a twist. This fault has already being repaired before, end of 2021 after waiting 4 months for a new mainboard to arrive. So we went into Smith City to discuss this with them to be told it is out of warranty and to be further told that we are only entitled to get it repaired once. My response was along the lines of year right but with a lot more words, colourful metaphors and adverbs. Awaiting to hear back from them which I will give until the end of this week or I will lodge a complaint  with the commerce commission.

The warranty is not limited to a number of repairs. A repaired device is still under warranty. And depending on how old is the appliance, the CGA still applies.

Go back and tell them.

[Edit: removed misleading statement]

freitasm:

 

The warranty is not limited to a number of repairs. A repaired device is still under warranty. If replaced by a new device (not parts), the warranty starts over. And depending on how old is the appliance, the CGA still applies.

 

Go back and tell them.

 

I "informed" them of the various rights and provisions of the CGA. I also advised them they were stepping on shaky ground misrepresenting rights under the CGA eg Noel Leemings recent interactions with Comm Comm. Companies that act in this was really annoy me and I feel i have an obligation to pursue this.   

freitasm:

 

[snips] If replaced by a new device (not parts), the warranty starts over. [snips] 

 

It's my understanding a device purchased should last a reasonable length of time - say 5 years.  Even if you're supplied with a replacement at say year 4 the CGA is based off the purchase date.

MadEngineer:

 

I've tried searching the act but can you quote exactly where this is specified?  I know it sounds reasonable but I recall searching for this when I had problems years ago with my iPhone 4 and found that wasn't the case

 

It's my understanding a device purchased should last a reasonable length of time - say 5 years.  Even if you're supplied with a replacement at say year 4 the CGA is based off the purchase date.

 

From the Commerce Commission site as it relates to a serious fault

"You can legally:

• keep the product and claim compensation for the loss in value
• reject the product and get an identical replacement
• reject the product and ask for a full refund."

Given that this is a repeat fault of the same symptoms that previously was said to be "fixed" by replacing the mainboard in the appliance I will be  taking the line that is is a serious fault that impacts the appliances "fit for purpose" as an oven that does not cook is failing at its primary role. 

Fully agree with a repeated fault but I'm not convinced on specifically the point that you suddenly get a full reset on a warranty for a replaced device.

@MadEngineer:

 

Fully agree with a repeated fault but I'm not convinced on specifically the point that you suddenly get a full reset on a warranty for a replaced device.

 

You are correct (Consumer Guarantees Act - know your rights - Consumer NZ):

"When a faulty product is replaced, any manufacturer’s warranty on the product usually runs only from the original purchase date. So, if a 6-month-old washing machine is replaced because it is faulty, and there was originally a 12-month manufacturer’s warranty on it, then this warranty will have 6 months to run on the new machine. However, the Consumer Guarantees Act applies to the replacement, so you will still have all the rights you’re entitled to when buying a new machine."

I also believe that manufacturer warranties while being a feel good thing are largely irrelevant as the CGA takes precedent. 

Found the relevant quote from the act:

Where a consumer obtains goods to replace defective goods pursuant to subsection (1), the replacement goods shall, for the purposes of this Act, be deemed to be supplied by the supplier and the guarantees and obligations arising under this Act consequent upon a supply of goods to a consumer shall apply to the replacement goods.

Is in both both section 19 and 23.

MadEngineer:

Found the relevant quote from the act:

 

Where a consumer obtains goods to replace defective goods pursuant to subsection (1), the replacement goods shall, for the purposes of this Act, be deemed to be supplied by the supplier and the guarantees and obligations arising under this Act consequent upon a supply of goods to a consumer shall apply to the replacement goods.

neb:

MadEngineer:

Found the relevant quote from the act:

Where a consumer obtains goods to replace defective goods pursuant to subsection (1), the replacement goods shall, for the purposes of this Act, be deemed to be supplied by the supplier and the guarantees and obligations arising under this Act consequent upon a supply of goods to a consumer shall apply to the replacement goods.

It's not clear that that actually says what you think it says. Any lawyers in the house?