Another CGA advice thread :(

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E3xtc

773 posts

Ultimate Geek

#2272331 9-Jul-2019 12:30

Yeah I have already let them know the sections of the CGA that they are not meeting, so this was their "attempt" and providing a remedy to the situation.

sir1963

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#2272335 9-Jul-2019 12:37

E3xtc:

Yeah I have already let them know the sections of the CGA that they are not meeting, so this was their "attempt" and providing a remedy to the situation.

did you put it to them in writing ?

I printed 2 copies once and got them to sign my copy to acknowledge the receipt of their copy.

E3xtc

773 posts

Ultimate Geek

#2272336 9-Jul-2019 12:38

Yes - via email.

E3xtc

773 posts

Ultimate Geek

#2277691 16-Jul-2019 11:54

So they have progressed from a "no sorry you are out of luck", to a replacement model at a cost of $1200 plus gst, installation and delivery, then finally to a replacement model at a cost of $750 plus gst and installation.

We have rejected both offers because after the installation fee of (after ringing around) approx $500, this exercise at best would put the cost of replacement at over $1400. I appreciate that they have come back with "an offer" but to me having the financial burden fall on us as a result of their inability to comply with their legal obligations around supply of parts is not great. They even confirmed that the parts to resolve the issue could be up to $300 but that isn't an option due to them (or their supplier) no longer manufacturing them, so having us foot the bill for anything above their "up to" cost they provided seems like its simply an attempt to get someone else to cover the cost.

So I am progressing to the disputes tribunal. Fun times.

nathan

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#2277696 16-Jul-2019 12:07

sucks! sorry

isn't progress wonderful, a stove from 2000 fails, meanwhile my crappy stove from the 1970s continues to work perfectly fine (its self cleaning mode is hilarious)

networkn

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#2277713 16-Jul-2019 12:34

@e3xtc You have done the right thing in your handling of this, I am really sorry they didn't take the opportunity to remedy more satisfactorily.

On the plus side, you will likely get a brand new oven out of it, and probably about the time the get paperwork served on them to attend the DT Hearing.

I believe, given the fact they have lost at DT in the past, they know what's coming. They will hold the line till the last minute and then cave. Turning up to get reamed by an adjudicator, won't be high on thier priority list.

E3xtc

773 posts

Ultimate Geek

#2277716 16-Jul-2019 12:38

Thanks guys for the positive thoughts. I was starting to feel like a bit of a muppet tbh and starting to second guess my position, but we really can't take a hit of thousands of dollars at the moment without being crippled financially :( and it really does feel unjust imo. Will see how things unfold.

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mattwnz

20149 posts

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#2277779 16-Jul-2019 14:46

networkn:

@e3xtc You have done the right thing in your handling of this, I am really sorry they didn't take the opportunity to remedy more satisfactorily.

On the plus side, you will likely get a brand new oven out of it, and probably about the time the get paperwork served on them to attend the DT Hearing.

I believe, given the fact they have lost at DT in the past, they know what's coming. They will hold the line till the last minute and then cave. Turning up to get reamed by an adjudicator, won't be high on thier priority list.

IANAL. The problem with going to the DT is that they have been known to take into consideration how much use the person has gotten out of the item, and pro rata the payout. It can come down to the adjudicator you get. But things like installation costs, disposal cost etc should be taken into consideration when making the claim, as you wan to be left in the same financial position you would have been if the hinges hadn't failed.

It maybe worth the OP signing up to Consumer, and getting their advice about it.

mattwnz

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#2277782 16-Jul-2019 14:50

nathan:

sucks! sorry

isn't progress wonderful, a stove from 2000 fails, meanwhile my crappy stove from the 1970s continues to work perfectly fine (its self cleaning mode is hilarious)

We had a chest freezer from the late 60's which never died. We replaced it with a vertical freezer, which was dead within 5 years, where they couldn't get parts to repair it. Ended up being replaced by the manufacturer though, but even that, the LED type screen is badly faded and almost unreadable. The most reliable devices seem to be the ones that are not filled with technology.

E3xtc

773 posts

Ultimate Geek

#2277784 16-Jul-2019 14:54

mattwnz:

IANAL. The problem with going to the DT is that they have been known to take into consideration how much use the person has gotten out of the item, and pro rata the payout. It can come down to the adjudicator you get. But things like installation costs, disposal cost etc should be taken into consideration when making the claim, as you wan to be left in the same financial position you would have been if the hinges hadn't failed.

It maybe worth the OP signing up to Consumer, and getting their advice about it.

Yeah that is what I am thinking will be a likely (although not preferable) outcome. My angle is more from the perspective that had Parmco upheld their legal obligations to keep parts for a reasonable time, we would be able to fix this issue with less than $300 in parts. I am more than happy to pay the total amount expected to fix the oven should parts have been available. So I am hoping that the amount of use we have had doesn't come into it as its not about the use of the product, its about the inability for it to be repaired and the disregard for that legal obligation. But yeah.

networkn

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#2277788 16-Jul-2019 15:01

If it's just springs, fixing should cost less than $300. There are a number of firms who can make springs to specifications. Parmco would need to supply specs, or alternatively you could send the springs around.

E3xtc

773 posts

Ultimate Geek

#2287643 2-Aug-2019 13:02

An update on this (for those that care)

Its funny how 1 day after getting served the legal documents we get contacted by their Operations Manager saying that they are going to get some hinges made locally and installed for us.

Seemingly a good outcome (don't want to celebrate before its all done and dusted), but leaves a pretty feral taste in our mouth we had to go to this extreme to get them to conform to their legal obligations.

networkn

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#2287645 2-Aug-2019 13:04

Yeah, it's a shame that it took that level of enforcement, but you handled it really well, calmly and measured and reasonable the entire way through

floydbloke

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#2287656 2-Aug-2019 13:22

E3xtc:

An update on this (for those that care)

Its funny how 1 day after getting served the legal documents we get contacted by their Operations Manager saying that they are going to get some hinges made locally and installed for us.

Seemingly a good outcome (don't want to celebrate before its all done and dusted), but leaves a pretty feral taste in our mouth we had to go to this extreme to get them to conform to their legal obligations.

Well done on your persistence and coolness, seems like a reasonable outcome.

Now if they have any smarts, instead of getting just a pair of hinges made, they'll ask for a couple of dozen so they do have some spare parts for the next guy whose oven suffers the same fate as yours.

Did Eric Clapton really think she looked wonderful...or was it after the 15th outfit she tried on and he just wanted to get to the party and get a drink?

Jase2985

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#2287800 2-Aug-2019 17:28

mack sure you make a complaint to the commerce commission about their behavior

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