Microsoft lying about CGA rights

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#1168032 3-Nov-2014 21:47

In my experience mentioning the CGA to any company just ends up in them telling me to talk to their legal team. Easiest if you just go to back to the retailer as they are more aware of the CGA. I once tried to do a claim with Logitech involving the CGA, I gave up after 7 months of my case being escalated back and forth.

macuser

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#1168035 3-Nov-2014 21:57

Always take the item back to the place that took your money, because if things don't work out, it's only JB Hifi who can refund you, not Microsoft.

That's my policy anyhow

networkn

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#1168087 3-Nov-2014 23:24

tardtasticx:
"Who sorts out your problem?:
You can choose to go back to either the retailer or the manufacturer."

http://www.consumeraffairs.govt.nz/for-consumers/law/consumer-guarantees-act/got-a-problem-with-goods

I would just prefer to deal with them because JB seem even more incompetent to be quite honest.

I have purchased a number of smartphones which have had faults (I had 4 complete replacements of my s4 with wireless faults and in every instance JB has exceeded my expectation in every way. I suggest you try with them in the first instance.

tardtasticx

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#1168089 3-Nov-2014 23:26

networkn:
tardtasticx:
"Who sorts out your problem?:
You can choose to go back to either the retailer or the manufacturer."

http://www.consumeraffairs.govt.nz/for-consumers/law/consumer-guarantees-act/got-a-problem-with-goods

I would just prefer to deal with them because JB seem even more incompetent to be quite honest.

I have purchased a number of smartphones which have had faults (I had 4 complete replacements of my s4 with wireless faults and in every instance JB has exceeded my expectation in every way. I suggest you try with them in the first instance.

Going in first thing tomorrow to see them. Think it could it cause issues since I've raised this with Microsoft already?

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#1168091 3-Nov-2014 23:28

tardtasticx

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#1168093 3-Nov-2014 23:30

joker97: No

Uh, "No" what exactly?

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#1168112 4-Nov-2014 00:52

Bung:

The EU have a 2 year minimum warranty on consumer goods. AFAIK the warranties offered here are a marketing decision by the suppliers.

You could argue the additional warranty period cost is built into their localized pricing

Jase2985

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#1168126 4-Nov-2014 05:35

tardtasticx:
joker97: No

Uh, "No" what exactly?

not to the question you asked right before his post

tardtasticx

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#1168680 4-Nov-2014 17:38

Followed the advice on here and took it to JB this morning.

Omg I have never in my life dealt with someone so rude in a store.

They were all fine checking the warranty, then explaining I have to take it back to Microsoft. But the second I said "No I'd rather you deal with it, easier" they started talking about store policy, microsoft policy, how they don't have to etc. All while being super demeaning and everything. They said multiple times that when they send it off, microsoft will send them the invoice for the replacement and I'll have to pay for it. Nah.

Eventually it just got to the point where we were talking over each other and I asked for a manager. The guy I was speaking to left, then came back and said "okay we'll do it but if it has damage you'll be paying for the fees". I know for a fact the only thing wrong with that console is the DVD drive so if anything happens to it in transit I'm going to be raising hell.

tripp

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#1168855 4-Nov-2014 21:13

tardtasticx: Followed the advice on here and took it to JB this morning.

Omg I have never in my life dealt with someone so rude in a store.

They were all fine checking the warranty, then explaining I have to take it back to Microsoft. But the second I said "No I'd rather you deal with it, easier" they started talking about store policy, microsoft policy, how they don't have to etc. All while being super demeaning and everything. They said multiple times that when they send it off, microsoft will send them the invoice for the replacement and I'll have to pay for it. Nah.

Eventually it just got to the point where we were talking over each other and I asked for a manager. The guy I was speaking to left, then came back and said "okay we'll do it but if it has damage you'll be paying for the fees". I know for a fact the only thing wrong with that console is the DVD drive so if anything happens to it in transit I'm going to be raising hell.

Well the best thing you can take away from this is when you ring and they send you stuff out to send back don't sit on it for months (which means you are now out side of the MS warranty time frame).

The 2 year thing might be to cover AU law and most big companies make policy to cover both AU and NZ, with the CGA we use "reasonable amount of time", now for you that might me 3 or 4 years, to someone else it could mean 2 years.
I have found in the past (and i have also had issues with a xbox 360) is to leave it up to the place that you got it from, let them do the running around.

So in short, if you have an issue sort it out and don't sit on it.

wombus

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#1168894 4-Nov-2014 21:55

My understanding under the CGA is that they (the retailer/manufacturer) are responsible for providing replacement parts or a whole unit of equal standard. You are responsible for other costs such as labour and freight. I had a bun fight with Sony when my 3 year old TV packed a sad, they tried to wriggle out of it because parts were not available so offered me a 20% discount off the full retail on a new TV. This was about the same price as advertised at JB Hifi so a complete joke and they initially refused to budge. In the end I threatened to take it to the Small Claims Court as CGA requires they supply parts for fix or replace as a TV as it should last more than 3 years. They eventually reneged and gave me a brand new TV. All up I had to pay Tisco (authorised repairer) $150 for their evaluation and report to Sony.

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#1168901 4-Nov-2014 22:03

That appears to be typical behavior in relation to CGA issues.

However, I see Turners on TV advertising 'Covered by the CGA'. The first retailer I am aware of to actively promote it as a virtue. Since there is no manufacturer involved for Turners it is entirely off their own bat. I expect an electronics retailer trying the same thing would be wound back in by the manufacturers representatives one way or another.

chewster

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#1169186 5-Nov-2014 12:15

tardtasticx: Followed the advice on here and took it to JB this morning.

Omg I have never in my life dealt with someone so rude in a store.

They were all fine checking the warranty, then explaining I have to take it back to Microsoft. But the second I said "No I'd rather you deal with it, easier" they started talking about store policy, microsoft policy, how they don't have to etc. All while being super demeaning and everything. They said multiple times that when they send it off, microsoft will send them the invoice for the replacement and I'll have to pay for it. Nah.

Eventually it just got to the point where we were talking over each other and I asked for a manager. The guy I was speaking to left, then came back and said "okay we'll do it but if it has damage you'll be paying for the fees". I know for a fact the only thing wrong with that console is the DVD drive so if anything happens to it in transit I'm going to be raising hell.

According to the link you gave before: http://www.consumeraffairs.govt.nz/for-consumers/law/consumer-guarantees-act/got-a-problem-with-goods

"If you decide to go back to the retailer, it is the retailer who must deal with your problem. They cannot tell you to take the problem to the manufacturer, or to claim under a manufacturer’s warranty"

AFAIK it would be a breach of the Fair Trading Act if a retailer misrepresents your rights under the CGA (brushes you off to manufacturer).

I would start by printing out a physical Disputes Tribunal application form, fill it half out (be sure to quote from CGA) be factual and succinct, not accusatory. Especially "Part 6: Applicant’s contact with the respondent(s)". Go back to the store and ask for the store manager to complete the store details part for you, and confirm details are correct, ask if manager will sign the form with their name to verify details, that should make them suddenly obligate their responsibilities.

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tardtasticx

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#1169271 5-Nov-2014 14:29

KieranReid:
tardtasticx:

According to the link you gave before: http://www.consumeraffairs.govt.nz/for-consumers/law/consumer-guarantees-act/got-a-problem-with-goods

"If you decide to go back to the retailer, it is the retailer who must deal with your problem. They cannot tell you to take the problem to the manufacturer, or to claim under a manufacturer’s warranty"

AFAIK it would be a breach of the Fair Trading Act if a retailer misrepresents your rights under the CGA (brushes you off to manufacturer).

I would start by printing out a physical Disputes Tribunal application form, fill it half out (be sure to quote from CGA) be factual and succinct, not accusatory. Especially "Part 6: Applicant’s contact with the respondent(s)". Go back to the store and ask for the store manager to complete the store details part for you, and confirm details are correct, ask if manager will sign the form with their name to verify details, that should make them suddenly obligate their responsibilities.

Do you think its worth still doing this even though I've taken the console to the store? I guess it kind of gets it out of the way so if they do attempt to charge me for repairs, it's all ready to go.

mattwnz

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#1169293 5-Nov-2014 15:14

Has any company ever been prosecuted for misleading consumers on their rights under the CGA? I am not aware of any. I have found recently since the changes to the law, that some companies are playing hardball with people making a GCA claim, claiming it is a legal coverage, and them making it more difficult to resolve than under normal warranty coverage, by requiring them to meet with the manager of the store to discuss the claim. But Consumer has always said that extended warranties don't necessarily provide any more protection than the CGA, and you shouldn't need them in many cases. So the process shouldn't be any more difficult, than if it was a normal warranty claim.

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