Briscoes - CGA. They say no

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#2246541 27-May-2019 14:17

mattwnz:

This is what this page says on this. The last line says

https://www.consumerprotection.govt.nz/general-help/consumer-laws/consumer-guarantees-act/

The CGA still applies whether or not a manufacturer's warranty has expired.

Yep, and while I was more than happy to have a discussion on it (thanks to what all of us have learned here), I was shut down, in that the CGA only applies to the warranty period. It still shocks me tbh.

K8Toledo

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#2246550 27-May-2019 14:34

tdgeek:

mattwnz:

This is what this page says on this. The last line says

https://www.consumerprotection.govt.nz/general-help/consumer-laws/consumer-guarantees-act/

The CGA still applies whether or not a manufacturer's warranty has expired.

Yep, and while I was more than happy to have a discussion on it (thanks to what all of us have learned here), I was shut down, in that the CGA only applies to the warranty period. It still shocks me tbh.

Noel Leeming staff handed that line to customers also. It's one of the main reasons CommComm took NL to court, and why NL were fined $200k.

To help push sales of (largely worthless) extended warranties, customers were not informed that

a) a 1yr warranty generally applies to RTB warranties. Return To Base.

b) A mutually exclusive Manufacturers Warranty last (usually) a longer period. Or that it even exists.

Example: one or two PSU makers offer 7yr & 10yr warranties on their high end units.

You might be pushing it to take a defective PSU back to NL after 10ys, since NL are only agents but nothing stopping you from calling the maker.

Can't think who it is with 10yr warranty... Antec? or XFX?). But CGA law may apply even after that expires.....maybe :)

NL possibly only mention the RTB which is a year or so..... scare tactics which make extended warranty sound reasonable.. :).

Here's a copy of the act if you want to read it.

http://www.legislation.govt.nz/act/public/1993/0091/latest/DLM311053.html

nickb800

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#2246561 27-May-2019 15:20

I wouldn't want to be too hard on individual staff members, but it would be great to do a mystery shopper type thing with a hidden body camera to call out this rubbish.
Try to return a product that is marginally outside the warranty period but well within CGA rights at every branch in a given region. Record the responses and compare what they have to say. If the staff all deflect with the same phrases, that would suggest they've been trained to deflect rather than universal incompetence.

Earbanean

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#2246577 27-May-2019 15:48

Just get it in writing. e.g. email good enough.

They're mostly happy to say anything to your face or over the phone, but in documented correspondence - not so much.

vexxxboy

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#2246593 27-May-2019 16:19

it's not just stores , i rang fisher & paykel customer care when my $2,000 oven stopped working after 5 years, i mentioned the CGA and the woman asked what that was,

Common sense is not as common as you think.

mattwnz

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#2246596 27-May-2019 16:50

A little of a side step. But what happens if one contacts the manufacturer instead of the retailer, and the manufacturer says that the only solution is to contact the retailer for a refund or o swap for another brand? I understand a retailer can't tell a customer to go to the manufacturer, but can the manufacturer tell the customer to contact the retailer, if they don't want to deal with it anymore? Asking because I have had this occur today for something that has failed and the retailer was hopeless to deal with, so I went straight to the manufacturer.

eracode

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#2246598 27-May-2019 16:51

nickb800: I wouldn't want to be too hard on individual staff members, but it would be great to do a mystery shopper type thing with a hidden body camera to call out this rubbish.
Try to return a product that is marginally outside the warranty period but well within CGA rights at every branch in a given region. Record the responses and compare what they have to say. If the staff all deflect with the same phrases, that would suggest they've been trained to deflect rather than universal incompetence.

That’s a good idea and I’d love to see the footage. This repeated, repeated crap from these retailers makes my blood boil.

However I do wonder about “trained to deflect” thing. To actually train staff to act like that would be extremely thin ice to skate on - and if it was happening surely disgruntled ex-staff would have blown the whistle on it.

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#2246620 27-May-2019 18:03

Noel Leeming fined $ 200k for misleading customers about CGA.

Might want to show these folks the ComCom rulling.

rugrat

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#2246621 27-May-2019 18:04

I brought something from JB-Hifi in last couple of weeks.

At point of sale they tried to tell me purchase of an extended warranty would be less hassle if something went wrong after a year.

I took it from that, they would deliberately make it a hassle if a CGA claim after a year. I didn't buy the extended warranty.

Looks like the com com prosecutions are having no effect.

tdgeek

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#2246623 27-May-2019 18:09

eracode:
nickb800: I wouldn't want to be too hard on individual staff members, but it would be great to do a mystery shopper type thing with a hidden body camera to call out this rubbish.
Try to return a product that is marginally outside the warranty period but well within CGA rights at every branch in a given region. Record the responses and compare what they have to say. If the staff all deflect with the same phrases, that would suggest they've been trained to deflect rather than universal incompetence.

That’s a good idea and I’d love to see the footage. This repeated, repeated crap from these retailers makes my blood boil.

However I do wonder about “trained to deflect” thing. To actually train staff to act like that would be extremely thin ice to skate on - and if it was happening surely disgruntled ex-staff would have blown the whistle on it.

And thats why I am shocked. The first manager KNEW the correct information. The second was less aggressive but said the same, BUT she suggested to take my number and she will talk to the manager and call me back. She called back in 5 minutes.

I believe the first manager knew I was right, and used the stern card on me. The second also knew I was right, but fell back on her manager. I did mention that I had a dissapointing talk to the first branch, maybe the second played it safe. I feel they know, and push the boundary as much as they can. Right now, despite that they "will replace, no problem", the reason is still that Russell Hobbs are good like that. So, I am satisfied issue wise, but still the CGA doesn't exceed the warranty, that was their final word.

nickb800

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#2246637 27-May-2019 19:01

eracode:
nickb800: I wouldn't want to be too hard on individual staff members, but it would be great to do a mystery shopper type thing with a hidden body camera to call out this rubbish.
Try to return a product that is marginally outside the warranty period but well within CGA rights at every branch in a given region. Record the responses and compare what they have to say. If the staff all deflect with the same phrases, that would suggest they've been trained to deflect rather than universal incompetence.

That’s a good idea and I’d love to see the footage. This repeated, repeated crap from these retailers makes my blood boil.

However I do wonder about “trained to deflect” thing. To actually train staff to act like that would be extremely thin ice to skate on - and if it was happening surely disgruntled ex-staff would have blown the whistle on it.

I agree with you that it seems like it would be hard to pull off, but OTOH wonder how this behaviour persists across across companies like noel leeming. It's not like the staff are paid enough to care. Perhaps their bonuses get curtailed by product returns

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#2246683 27-May-2019 21:06

Some companies just never learn.

vexxxboy

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#2246689 27-May-2019 21:18

rugrat:

I brought something from JB-Hifi in last couple of weeks.

At point of sale they tried to tell me purchase of an extended warranty would be less hassle if something went wrong after a year.

I took it from that, they would deliberately make it a hassle if a CGA claim after a year. I didn't buy the extended warranty.

Looks like the com com prosecutions are having no effect.

when they mentioned the extended warranty did they explain about the CGA doing much the same thing which they are required to do under the new law and the $1000 fine that could follow by not doing so. I have yet had any store mention the CGA yet and nothing happens.

Common sense is not as common as you think.

unowho08

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#2246725 28-May-2019 04:19

networkn:

Inphinity:

Not to derail, but garden centres are explicitly allowed to trade on Easter Sunday.

I wasn't aware of a change related to this? When did it change? I must admit my knowledge is a few years old now.

It changed on 10 April 2001. Refer to the Shop Trading Hours Act Repeal Amendment Act 2001.

kiwiharry

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#2246754 28-May-2019 07:44

I had the pleasure of dealing directly with Russell Hobbs earlier this year. I had a toaster and 3 months after the 2yr warranty ended, the toaster started sparking and gave a really bad electrical smell. I'd obtained the toaster with my Qantas Air Miles from the Qantas store, so pretty hard to return it or claim CGA. I emailed RH directly to report the issue and said I was concerned about the safety of the device. I didn't ask for a replacement.

They got back to me and asked me to drop it off to them. They are located a few minutes drive from my workplace. A few days later they called me to say they will replace it, and they couriered me a new one.

Realise that this thread is more about a retailer understanding and honouring their CGA obligations, but just wanted to share my experience dealing directly with Russell Hobbs.

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