38 pages should make for some light night time reading...

Thanks, Looks like it should go in this order.

http://www.legislation.govt.nz/act/public/1993/0091/24.0/DLM312813.html

http://www.legislation.govt.nz/act/public/1993/0091/24.0/DLM312832.html#DLM312832

http://www.legislation.govt.nz/act/public/1993/0091/24.0/DLM312807.html#DLM312807

http://www.legislation.govt.nz/act/public/1993/0091/24.0/DLM312818.html#DLM312818

http://www.legislation.govt.nz/act/public/1993/0091/24.0/DLM312802.html#DLM312802

I've tried refusing a repaired devices from Noal Leeming citing CGA but still getting the no you're not covered by CGA.

Any other tips or techniques to try?

dryburn:

 

I've tried refusing a repaired devices from Noal Leeming citing CGA but still getting the no you're not covered by CGA.

 

 

 

Any other tips or techniques to try?

 

IANAL, but that is what the disputes tribunal is for. So you have to work out if it is worth it.

Get that in writing Dryburn, then file the paperwork.  Either that or publicly shame them, sometimes works, but first get the part where they are stating you are not covered by the CGA in writing

https://www.disputestribunal.govt.nz/how-to-make-a-claim/

This was my first correspondence to them:

Noel to me:

 

As per telephonic conversation last week regarding your Huawei Nexus 6p  phone which was faulty and is repaired under warranty and is ready for collection .

 

 

 

We have escalated your case to Huawei as requested by you for credit ,your case has been declined by "Huawei" because  phone has gone for repair only once and its been used by customer more than one year.

 

 

 

Under CGA 

 

As a retailer, we have rights as to how we go about determining product faults and fixing those that are deemed as minor. As a retailer we have the right to:

 

 

 

- Assess any product, deemed to be faulty by the customer

 

 

 

 

 

Choose to repair any product that is deemed to have a minor fault

 

 

 

Please collect your unit from store as its been repaired under warranty.

 

 

 

Thanks 

 

Regards 

 

 

 

 

 

 

Thank you for getting back to me.

 

 

 

Please see the following in regards to the right to redress the supplier, which is Noel Leeming, if there are any minor defects. The issue of battery and possible bootloop is a major defect.

 

 

 

 

 

 

 

 

from page 11 in the following CGA document.

 

http://www.legislation.govt.nz/act/public/1993/0091/latest/096be8ed81666650.pdf

 

 

 

Furthermore there is a mountain of evidence regarding the battery issues and bootloop issues that has resulted in lawsuits against Huawei and Google.

 

https://www.engadget.com/2017/04/21/lawsuit-takes-aim-at-google-huawei-over-nexus-6p-battery-issues/

 

https://www.androidpolice.com/2017/05/26/amended-complaint-filed-ongoing-nexus-6p-early-shutdown-bootloop-lawsuit/

 

 

 

Therefore I think I have enough grounds to reject the phone due to the above.

 

 

 

Thank you for your understanding.

 

 

 

Kind Regards,

 

 

 

 

 

 

 

I have consulted your case with my higher Management and under CGA as a retailer we have replace the battery under warranty .

 

 

 

Unfortunately we won't be able to give you a credit for this device .

 

 

 

Please do come and collect your item from store which is repaired under warranty.

 

 

 

 

 

 

Thanks 

 

Kind Regards

 

 

 

The lawsuits in US are a bit different than what happens in NZ, if something goes wrong in NZ then we have the CGA to fix the issue.  The retailer has first rights to fix the issue.  You can not just reject the fix on the "first fix".

If the same fault happens again you can then request a replacement / refund.

It would be different if a recall of the devices happens but from my understanding this has not happen and your request for "credit/refund" also was declined by Huawei who repaired the issue.

Saying all this however the ComCom is taking Noels to court due to fair trading act issues and faulty goods

Hmm interesting, I'll forward them the article regarding the COmCom investigations.

dryburn:

 

Hmm interesting, I'll forward them the article regarding the COmCom investigations.

 

Dryburn what was your issue, is it only the battery and this is the first repair?

I would be asking for a copy of the servicing document to see exactly what was replaced.  I would also be warning them that suggesting that you are not covered by the CGA would put them in breach of the Fair Trading act.

tripp:

 

...if something goes wrong in NZ then we have the CGA to fix the issue.  The retailer has first rights to fix the issue.  You can not just reject the fix on the "first fix".

 

If the same fault happens again you can then request a replacement / refund.

 

This is wrong. It is at the consumer's discretion and if they consider the fault to be a failure of substantial character they may reject the goods without giving the opportunity for repair.

TonyR1973:

 

tripp:

 

...if something goes wrong in NZ then we have the CGA to fix the issue.  The retailer has first rights to fix the issue.  You can not just reject the fix on the "first fix".

 

If the same fault happens again you can then request a replacement / refund.

 

 

This is wrong. It is at the consumer's discretion and if they consider the fault to be a failure of substantial character they may reject the goods without giving the opportunity for repair.

 

Backed up by CGA?

TonyR1973:

 

tripp:

 

...if something goes wrong in NZ then we have the CGA to fix the issue.  The retailer has first rights to fix the issue.  You can not just reject the fix on the "first fix".

 

If the same fault happens again you can then request a replacement / refund.

 

 

This is wrong. It is at the consumer's discretion and if they consider the fault to be a failure of substantial character they may reject the goods without giving the opportunity for repair.

 

You must give the retailer the opportunity to:

• repair the products within a reasonable time and free of charge
• replace products of an identical type and value within a reasonable time. You only have to pay the difference if you choose a replacement of greater value
• refund the value of the products in full, in the same form as your original payment.

If a product is faulty, the retailer can’t simply offer you store credit. They must fix or replace it or give you a refund.

A reasonable time is how long it would take other traders to repair those products. But if the retailer refuses to fix the problem, or takes an unreasonable time to fix the problem, or does not succeed in fixing the problem, you can choose to:

• get the products repaired elsewhere and claim the cost of those repairs from the retailer
• reject the products and claim a refund or replacement products.

Tip: If the retailer hasn’t fixed the problem, write to him/her explaining that you are rejecting the products because they are faulty. All refunds must be paid in cash or however they were paid for originally.

**********************

The retailer can repair/replace/refund.  First pick is theirs.  If they repair you can't just "reject" the goods as soon as they are back in store without testing them.  Sure if you take it home and does the same thing again then you can tell them it still has a fault, they will say they will send it away again, this is when you tell them no and take a replacement or refund. 

The only reason i could see rejecting without testing etc is if they pull the phone/product out and it's smashed to bits or on fire (or doesn't turn on or power up).