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gzt

gzt
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  #1472231 15-Jan-2016 21:23
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So is anyone going to quote the act? It is recent and probably very straightforward wording.



gzt

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  #1472234 15-Jan-2016 21:27
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As a side note- I had a claim under guarantee with Parallel Imported years ago and they gave me the runaround no end. Sounds like they haven't improved much at all.

I'm not sure why you would say that. Nothing in the FP is shown bad, unusual, or even CGA wrong yet. It looks like the normal service most places will give.

What really matters is turnaround time and that is not an issue in the FP.

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  #1472237 15-Jan-2016 21:30
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richms: My understanding and how we applied it was if we sent it out to you on our courier, then we would look after it both ways for repairs, but would bill you the return shipping if it was not faulty or was operator error etc.

If you picked it up or had your own courier collect it, then you dropped it back off, and if you wanted it sent out to you instead of picking up the repaired one, you paid for that.

Was this DOA type situation, actual warranty service or both?



shortcircuit
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  #1472241 15-Jan-2016 21:37
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gzt: So is anyone going to quote the act? It is recent and probably very straightforward wording.


It's pretty much as I said was on the web site. This is an excerpt from the actual Act in case Consumer Org want to check their facts (I can't find anything in the act about supplier's requirement to courier repaired/replaced items):

 

22Manner of rejecting goods

 

     

  •  

     

    (1)The consumer shall exercise the right to reject goods under this Act by notifying the supplier of the decision to reject the goods and of the ground or grounds for rejection.

     

     

     

    (2)Where the consumer exercises the right to reject goods, the consumer shall return the rejected goods to the supplier—

     

       

    •  

      (a)unless,—

       

         

      •  

        (i)because of the nature of the failure to comply with the guarantee in respect of which the consumer has the right to reject the goods; or

         

         

      •  

        (ii)because of the size or height or method of attachment,—

         

      the goods cannot be returned or removed or transported without significant cost to the consumer, in which case the supplier shall collect the goods at the expense of the supplier; or

       

       

    •  

      (b)unless the goods have already been returned to, or retrieved by, the supplier.

       

     


Dunnersfella
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  #1472242 15-Jan-2016 21:38
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mattwnz:
Dunnersfella: I think a lot of people confuse the Consumer.org.nz website as a place to find FACTS on the CGA.
Yes, there's information, but there's a lot of opinion... and it could be argued that the opinion is often masquerading as fact.


So are they incorrect? That is their interpretation of the law, do you have a differing one that counters it? You would think that they would be in a better position to interpret it, than 99% of people reading the Act, who weren't lawyers. If they were wrong and giving people incorrect information, you would think that the ministry would tell them to correct it.


Where did I say that they were incorrect?
Remember, they're advocating a point of view.
Their perspective, and one that is very much leaning in one direction. As a consumer, it's cool to have someone lobbying for our rights.
However, if you rely on their opinion AND a retailer or importer goes through with the CGA appeal process, it pays to be aware that the hearing may not go exactly how you'd think it may...

If you've ever gone to court, you'd be surprised just how convincing each sides arguments are... after all, vaguely written legislation is never cut and dry.
However, most countries around the globe are full of advocacy groups and they're all pushing their own barrow.
From pro-smoking lobby groups to anti-drinking groups... it's a case of people being aware that just because there is a website, it doesn't make it fact.

gzt

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  #1472260 15-Jan-2016 21:43
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shortcircuit:
gzt: So is anyone going to quote the act? It is recent and probably very straightforward wording.


It's pretty much as I said was on the web site. This is an excerpt from the actual Act in case Consumer Org want to check their facts (I can't find anything in the act about supplier's requirement to courier repaired/replaced items):


22Manner of rejecting goods



  • (1)The consumer shall exercise the right to reject goods under this Act by notifying the supplier of the decision to reject the goods and of the ground or grounds for rejection.


    (2)Where the consumer exercises the right to reject goods, the consumer shall return the rejected goods to the supplier—


    • (a)unless,—


      • (i)because of the nature of the failure to comply with the guarantee in respect of which the consumer has the right to reject the goods; or




      • (ii)because of the size or height or method of attachment,—


      the goods cannot be returned or removed or transported without significant cost to the consumer, in which case the supplier shall collect the goods at the expense of the supplier; or




    • (b)unless the goods have already been returned to, or retrieved by, the supplier.





This part looks like a faulty goods on purchase situation. Ie; very different from repair under warranty obligations.

 
 
 

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shortcircuit
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  #1472265 15-Jan-2016 21:49
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gzt:
shortcircuit:
gzt: So is anyone going to quote the act? It is recent and probably very straightforward wording.


It's pretty much as I said was on the web site. This is an excerpt from the actual Act in case Consumer Org want to check their facts (I can't find anything in the act about supplier's requirement to courier repaired/replaced items):


22Manner of rejecting goods

 

     

       



    • (1)The consumer shall exercise the right to reject goods under this Act by notifying the supplier of the decision to reject the goods and of the ground or grounds for rejection.


      (2)Where the consumer exercises the right to reject goods, the consumer shall return the rejected goods to the supplier—

       

         

           


        • (a)unless,—

           

             

               


            • (i)because of the nature of the failure to comply with the guarantee in respect of which the consumer has the right to reject the goods; or



           

             

               


            • (ii)because of the size or height or method of attachment,—


          the goods cannot be returned or removed or transported without significant cost to the consumer, in which case the supplier shall collect the goods at the expense of the supplier; or



       

         

           


        • (b)unless the goods have already been returned to, or retrieved by, the supplier.





This part looks like a faulty goods on purchase situation. Ie; very different from repair under warranty obligations.



So, you're welcome to go on the Consumer Affairs web site and look at the act, then comment

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  #1472276 15-Jan-2016 22:29
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shortcircuit: 

As a side note- I had a claim under guarantee with Parallel Imported years ago and they gave me the runaround no end. Sounds like they haven't improved much at all. 

On the other hand I've bought a lot of parallel imported cameras and phones from Expert Infotech in Auckland and they have replaced faulty goods without question on the spot.


My bro bought a phone from parallel imported which developed a fault a bit later (less than a year). Parallel imported said it was water damaged so too bad. 

My brother is adamant that it has never been exposed to water -- i'm guessing 'water damage' is a get-out-of responsibilities clause they use. 

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  #1472284 15-Jan-2016 22:45
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They can be water damaged if you put them in a damp pocket etc. Its not just dunking them in a bowl of water that makes it happen.

Condensation as well.




Richard rich.ms

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  #1472288 15-Jan-2016 22:54
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surfisup1000:
My bro bought a phone from parallel imported which developed a fault a bit later (less than a year). Parallel imported said it was water damaged so too bad. 

My brother is adamant that it has never been exposed to water -- i'm guessing 'water damage' is a get-out-of responsibilities clause they use. 


There are water damage indicators in cell phones. Often a white sticker in the battery compartment. It changes colour (normally red) if it has been exposed to water.

Sanco

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  #1472364 16-Jan-2016 08:09
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surfisup1000:
shortcircuit: 

As a side note- I had a claim under guarantee with Parallel Imported years ago and they gave me the runaround no end. Sounds like they haven't improved much at all. 

On the other hand I've bought a lot of parallel imported cameras and phones from Expert Infotech in Auckland and they have replaced faulty goods without question on the spot.


My bro bought a phone from parallel imported which developed a fault a bit later (less than a year). Parallel imported said it was water damaged so too bad. 

My brother is adamant that it has never been exposed to water -- i'm guessing 'water damage' is a get-out-of responsibilities clause they use. 


Well, in my case water should come under warranty as it is sold as waterproof.

That said, I'll bite the bullet and keep the camera-less phone as I am not sure I'd get a proper warranty assessment on the phone and stand to lose return courier and $40 deposit. That money better go towards a new phone from expert infotech ;)

However, plenty of healthy discussion which highlights the need for the CGA to be updated in order to move into the internet business times.

HP

 
 
 
 

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scuwp
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  #1472367 16-Jan-2016 08:14
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Sanco:
surfisup1000:
shortcircuit: 

As a side note- I had a claim under guarantee with Parallel Imported years ago and they gave me the runaround no end. Sounds like they haven't improved much at all. 

On the other hand I've bought a lot of parallel imported cameras and phones from Expert Infotech in Auckland and they have replaced faulty goods without question on the spot.


My bro bought a phone from parallel imported which developed a fault a bit later (less than a year). Parallel imported said it was water damaged so too bad. 

My brother is adamant that it has never been exposed to water -- i'm guessing 'water damage' is a get-out-of responsibilities clause they use. 


Well, in my case water should come under warranty as it is sold as waterproof.

That said, I'll bite the bullet and keep the camera-less phone as I am not sure I'd get a proper warranty assessment on the phone and stand to lose return courier and $40 deposit. That money better go towards a new phone from expert infotech ;)


Or buy from a licensed NZ retailer and have a better chance of a local store and after sales support.




Lazy is such an ugly word, I prefer to call it selective participation



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  #1472368 16-Jan-2016 08:15
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Expert infotech is the last place I would ever consider buying anything. Parallel or not.




Richard rich.ms

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  #1472380 16-Jan-2016 08:32
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scuwp:
Sanco:
surfisup1000:
shortcircuit: 

As a side note- I had a claim under guarantee with Parallel Imported years ago and they gave me the runaround no end. Sounds like they haven't improved much at all. 

On the other hand I've bought a lot of parallel imported cameras and phones from Expert Infotech in Auckland and they have replaced faulty goods without question on the spot.


My bro bought a phone from parallel imported which developed a fault a bit later (less than a year). Parallel imported said it was water damaged so too bad. 

My brother is adamant that it has never been exposed to water -- i'm guessing 'water damage' is a get-out-of responsibilities clause they use. 


Well, in my case water should come under warranty as it is sold as waterproof.

That said, I'll bite the bullet and keep the camera-less phone as I am not sure I'd get a proper warranty assessment on the phone and stand to lose return courier and $40 deposit. That money better go towards a new phone from expert infotech ;)


Or buy from a licensed NZ retailer and have a better chance of a local store and after sales support.


Agreed on the reputable store, actually. I can walk to them if something goes wrong.

floydbloke
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#1472381 16-Jan-2016 08:36
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Sanco:
scuwp:  ...

Or buy from a licensed NZ retailer and have a better chance of a local store and after sales support.


Agreed on the reputable store, actually. I can walk to them if something goes wrong.



Yeah.....like Dick Smith's......oh wait. tongue-out




Sometimes I use big words I don't always fully understand in an effort to make myself sound more photosynthesis.


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