Faulty at Time of Purchase

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#1212794 12-Jan-2015 22:05

so they were out of stock?

did you ask to travel to another store to pick up a new one?

or did you get your pants in a twist and walk out?

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Oddball

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#1212795 12-Jan-2015 22:07

sdavisnz: so they were out of stock?

did you ask to travel to another store to pick up a new one?

or did you get your pants in a twist and walk out?

Hold on, which thread do you think you're posting in?

They weren't out of stock, they flat out refused everything but a 2 week repair.

At least read the thread mate.

MikeB4

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#1212797 12-Jan-2015 22:10

You should have escalated immediately, waiting months means by your own actions proves tgexcfasultvis of minor nature, repair is inline with the provisions of the CGA.

sdavisnz

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#1212798 12-Jan-2015 22:12

My console did not degrade or break, the one that they grabbed from the store and gave to me was already faulty. And then they expected me to wait for 2 weeks to get it repaired when I only just got it??
.

my interpretation of store is storeroom/ out the back?

thats why i asked the question of stock on hand......

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sdavisnz

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#1212801 12-Jan-2015 22:17

regardless of my possible mis-interpretaion.

your stuck with due process now.

sorry if i sound blunt, voice gives context.

as others have posted, you should have escalated within the doa period.

-Steve.

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loceff13

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#1212810 12-Jan-2015 22:29

You should have fought harder when it was having the issue in the first 2 weeks, it's far too late now to expect anything other than repair. If a PS4 is that essential then rent one or borrow one

JarrodM

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#1212830 12-Jan-2015 22:49

you should have rejected the PS4 when the problem first occurred and pressed for a replacement harder as per your rights. They probably should have classified it as DOA, and just given you a replacement. But then I haven't seen any reports of this problem so it seems rare so I don't think it's unreasonable that they wanted to send it away for inspection.

As for your options now I think having to send it away for inspection and/or repair is reasonable as the retailer does have the option of either repair or replacement. It's reasonable as you had the option of rejecting the PS4 as not being fit for purpose but you didn't so it can't be too unfit for purpose if you kept playing it.

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tdgeek

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#1212842 12-Jan-2015 23:06

JarrodM: you should have rejected the PS4 when the problem first occurred and pressed for a replacement harder as per your rights. This is the key

They probably should have classified it as DOA, and just given you a replacement. But then I haven't seen any reports of this problem so it seems rare so I don't think it's unreasonable that they wanted to send it away for inspection.

As for your options now I think having to send it away for inspection and/or repair is reasonable as the retailer does have the option of either repair or replacement. It's reasonable as you had the option of rejecting the PS4 as not being fit for purpose but you didn't so it can't be too unfit for purpose if you kept playing it.

In fact, the OP, while criticising the retailer, is actually criticising the CGA. I feel its fair to say that the CGA is a very good, and fair process.

Oddball

65 posts

Master Geek

#1212860 12-Jan-2015 23:20

JarrodM: you should have rejected the PS4 when the problem first occurred and pressed for a replacement harder as per your rights. They probably should have classified it as DOA, and just given you a replacement. But then I haven't seen any reports of this problem so it seems rare so I don't think it's unreasonable that they wanted to send it away for inspection.

As for your options now I think having to send it away for inspection and/or repair is reasonable as the retailer does have the option of either repair or replacement. It's reasonable as you had the option of rejecting the PS4 as not being fit for purpose but you didn't so it can't be too unfit for purpose if you kept playing it.

They made it pretty clear I didn't have any option but repair. If I have the right to do that, then they lied to me.

gzt

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#1212868 13-Jan-2015 00:05

Regardless of the rights or wrongs on the edge of that 14 days you chose to keep the unit because it was convenient for you to do so. It's a bit difficult now to go back in time and argue the grey area. Get it fixed. It won't happen by magic.

The number of responses you are getting are telling you more or less the same thing. Most people would take that as an indication there is not much left to do here.

Your remaining options are:
1. Bowl on in to the store with the unit in hand and ask for the replacement. Success is unlikely.
2. If you or they have a record of when you reported that issue then you could argue at disputes tribunal that replacement should have occurred on that date. Imho success is unlikely because it is a difficult fault to diagnose. It's not a simple doa.

I can understand that the store would want to assess this kind of fault. Could be radio interference at your place for instance. You might just have to accept it's a tricky one and negotiate the best outcome.

Imho it's unlikely they would lend you a replacement while they look at yours but in this case it might be worthwhile for them to find out if the cause is local radio interference. Can you swap consoles yourself with a friend for a while to eliminate that?

floydbloke

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#1212902 13-Jan-2015 07:31

Oddball: Hi guys, I'm looking for CGA advice....

...
I want to know why my rights are under the CGA and legally, ....

Did you create this thread wanting advice and to draw on the experience of others, or just to have a whinge?

It seems that most posters in the thread feel that the retailer is doing an OK job in helping you to resolve the issue.
However it seems you are firm in your demand for a replacement unit so maybe you need to explore some 'real' legal avenues rather than looking for guidance from a messageboard.

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Jase2985

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#1212909 13-Jan-2015 08:09

take it back, get them to send it to sony for repair/inspection,

its your only option now

you want things to happen the way you want but unfortunately your stuck with taking it back for repair

suck it up and either take it back or deal with the issue

tdgeek

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#1212910 13-Jan-2015 08:13

OP, how soon after purchase did you notice the issue?

6FIEND

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#1212939 13-Jan-2015 08:48

My understanding of the CGA is that the retailer almost always has the option to repair (remedy) the faulty product.

The only time the customer can insist on a refund is when:
1) The Retailer has been given the opportunity to repair the fault and have not been willing (or able) to do so
2) The fault is of a significant nature
3) The unit is substantially unfit for the purpose intended

You yourself have stated that the fault is not significant. The unit functions, plays games, and has a minor glitch in a single component (Bluetooth) that intermittently causes sub-optimal performance.

Suck it up. Get it repaired. Stop being so melodramatic.

FWIW, all talk above about 14 day refund timeframes etc are store-specific retail policies that are over and above the retailer's legal obligations under the Consumer Guarantees Act.

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

If the problem is minor

The retailer decides the remedy. You can ask them to fix the item, but the retailer can choose between repairing it, replacing it, or giving you a refund. If the retailer refuses to fix the problem or takes more than a reasonable time to do so, you can

return the goods and ask for your money back, or
ask for a replacement, if the same type of goods are reasonably available to the retailer, or
take the goods elsewhere to be fixed and ask the retailer to pay the cost of repair.

graemeh

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#1212947 13-Jan-2015 08:54

Oddball:
graemeh: The easiest approach is to just let them send it off to Sony. The staff in the shop probably don't have the diagnostic tools to trouble shoot properly.

Easiest for them. I may be willing to go without it, if it wasn't faulty as they handed it to me.

Your other option is to sit at home and continue to get shot while you take it to the disputes tribunal.

They will tell you to send it back to Sony so they can fix it.

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