Charges for Warranty Replacement

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8955 posts

Uber Geek

#3107807 25-Jul-2023 10:32

concordnz: And nowhere in the Consumer Gurantees Act does it mention 'travel' or 'labour'. (hint try searching these words in the act and see what you come up with = a big fat zero)

But it does mention loss and damage https://www.legislation.govt.nz/act/public/1993/0091/latest/whole.html#DLM312823 and the OP will have lost that money if the invoice is paid.

Tockly

346 posts

Ultimate Geek

#3107808 25-Jul-2023 10:32

concordnz: Pay it,
It's perfectly reasonable.

Only the physical parts are covered by warranty. (not the installation or removal etc)
- as any cowboy could do the installation and do it wrong. (this would be a separate 'insurance claim' against the installer.

Even if the Plumber had supplied and installed it - travel & labour are STILL chargable.

These are ALWAYS chargable - unless you purchase a 'comphrensive warranty stating travel & labour is covered (and these are normally limited to 30km from main city centres.) - comphrensive labour/travel warranties require you to use authorised installers to ensure its done right and often cost thousands of dollars.

I hardly call connecting two pipes to the outside of the unit an install!! And this had nothing to do with the pump failing, as clearly stated on the invoice. The pump had a circuit board fail.

The pump and filters were purchased as a kit from the supplier who is now trying to charge me to fix the faulty unit they supplied.

boosacnoodle

963 posts

Ultimate Geek

#3107816 25-Jul-2023 10:50

CGA covers consequential loss, which arguably having to get someone out to come and assess / re-install it is. I have had success with claiming back the cost from electronics retailers where something needed an electrician to visit before.

In this case, if I had called the plumber I would pay them and claim the cost back from the original retailer / manufacturer. If the manufacturer / retailer had organised the plumber, I would expect them to be paying the invoice directly.

lxsw20

3552 posts

Uber Geek

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#3107817 25-Jul-2023 10:50

Dratsab:

Perfect example of why to NOT ask for advice on an internet forum. Ask someone who's actually qualified to give you a correct answer.

Yeap a call to Citizens Advice Bureau might be a good idea.

Bee

732 posts

Ultimate Geek

#3107822 25-Jul-2023 10:56

IMHO since it is under warranty, I would refuse to pay just because they should have advised any charges in advance otherwise I expect all work to be done under warranty...

Sure the Technician should get paid but thats covered by the company...

Doing your best is much more important than being the best.

eracode

Smpl Mnmlst
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#3107828 25-Jul-2023 11:37

Tockly:

I haven't as yet spoken to the company concerned, but wanted to get some info before I go to them.

I would simply ring and politely ask them what gives - then you will have an idea where you stand. Then ask your questions here. Depending on what they say, you may save a lot of unnecessary angst and speculation in this thread.

Sometimes I just sit and think. Other times I just sit.

Kyanar

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#3107829 25-Jul-2023 11:38

The labour invoice should absolutely have been sent to the manufacturer or their agent, not you. I would be refusing to pay that for sure.

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Tockly

346 posts

Ultimate Geek

#3107836 25-Jul-2023 11:51

Thanks for all the advice.

I have emailed the company concerned thanking them for the work they completed, but stated I wouldn't be paying this invoice as the repairs are covered by my warranty. I also mentioned that I had never been informed of any charges when I initially made the service request. I made sure I was very polite but made it clear I wouldn't be paying the invoice. I didn't mention anything about the CGA. I'll save that for if things escalate.

After a bit of research on the consumerprotection.govt.nz website I found some really good examples of my rights. It's a great website with lots of very clear information.

Whilst this one talks about a product out of warranty the same rules apply to my case... Even more so as mine was still under warranty.

"Devlin buys a new washing machine with a one-year manufacturer's warranty. He's careful to use it in line with the instructions. After 13 months, it breaks down. Even though the warranty has expired, Devlin can ask the retailer for free repairs under the Consumer Guarantees Act (CGA). Devlin contacts the retailer to explain the problem. He points out that the CGA says products must be of acceptable quality and last for a reasonable length of time. The retailer agrees to cover the cost of repairs."

I have highlighted the bit I feel applies here.

concordnz

472 posts

Ultimate Geek

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EMT (R)

#3107839 25-Jul-2023 11:58

Ironically the 'repair' itself has been provided to you free of charge already.

(it's just the travel and re-installing which has been charged for)

If you lived on the Chatham Islands, would you still expect the plumber to fly over there and back for free?

(you might get a discount for being polite in your communications with them, that is a Plus to your benefit.)

MikeB4

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#3107844 25-Jul-2023 12:18

concordnz: Ironically the 'repair' itself has been provided to you free of charge already.

(it's just the travel and re-installing which has been charged for)

If you lived on the Chatham Islands, would you still expect the plumber to fly over there and back for free?

(you might get a discount for being polite in your communications with them, that is a Plus to your benefit.)

What an incredibly silly set of statements. They did not repair the item due to altruism, consumer law in Aotearoa requires it. As for the Chathams nonsense, that does not require any further discussion.

ArcticSilver

729 posts

Ultimate Geek

#3107848 25-Jul-2023 12:41

Assuming the fault was caused by a defective pump I think the customer guarantees act makes it very clear that you shouldn't be required to pay that bill (yes that includes travel).

Charges to replace would fall under loss:

In addition to the remedies set out in subsection (2) and subsection (3), the consumer may obtain from the supplier damages for any loss or damage to the consumer resulting from the failure (other than loss or damage through reduction in value of the goods) which was reasonably foreseeable as liable to result from the failure.

Section 18-2-i also speaks to this:

Where the failure can be remedied, the consumer may — have the failure remedied elsewhere and obtain from the supplier all reasonable costs incurred in having the failure remedied; or

Jase2985

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#3107849 25-Jul-2023 12:42

i would take it as this paragraph from here: https://www.consumer.org.nz/articles/consumer-guarantees-act?gclid=Cj0KCQjwwvilBhCFARIsADvYi7JPJZl96ZEbvBBgvWmayqsdmCGzl6_60hTcGBcp8VDtrFuIJxoPgxQaAvIWEALw_wcB#putting-it-right

In addition to these rights, consumers may also claim for any reasonably foreseeable extra loss that results from the initial problem.

If your new washing machine won’t work properly you can claim for laundry costs or the cost of hiring a replacement machine while the first one is being fixed.

If you have to post or courier goods back to be repaired, you don’t have to pay for those costs.

The compensation for consequential loss must put you back in the position you would have been in if the goods or service hadn’t been faulty.

MadEngineer

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#3107855 25-Jul-2023 12:58

This happens a lot. You send the invoice to the supplier. Don’t annoy the plumber with comments that you’re not paying except perhaps to let them know you’re seeking payment from the supplier.

You're not on Atlantis anymore, Duncan Idaho.

RunningMan

8955 posts

Uber Geek

#3107860 25-Jul-2023 13:04

@MadEngineer the plumber has nothing to do with this. The SUPPLIER was contacted and came out to repair, then sent the invoice.

Delphinus

611 posts

Ultimate Geek

#3107863 25-Jul-2023 13:08

RunningMan:

@MadEngineer the plumber has nothing to do with this. The SUPPLIER was contacted and came out to repair, then sent the invoice.

Exactly. Some people in this thread have reading comprehension issues.

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