Charges for Warranty Replacement

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rscole86

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#3108239 26-Jul-2023 12:17

Please keep the name calling out of this.

If you disagree with an idea, then provide an argument against it, insults are not needed.
Alternatively, please feel free to not contribute to the thread anymore.

surfisup1000

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#3108245 26-Jul-2023 12:30

This is my understanding.

The same company you purchased from also repaired the pump then sent you an invoice for the labour component of repairs

I'd tell them to refer to the consumer guarantees act. You are covered for parts and labour.

You are in an excellent position because the pump is repaired and you didn't pay anything. Tell them you're covered by the CGA and the invoice is invalid. The warranty is irrelevant so don't even discuss that.

The company might send this to a debt collector but dispute the charge. They're not going to take this to disputes, they're just trying it on! 9 times out of 10 the consumer will just pay up, they're hoping you're gullible.

This is going nowhere, you're fine.

Handle9

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#3108344 26-Jul-2023 14:22

concordnz: Perhaps that's because I'm not the one who's wrong,
But the [user's who disagree with me] here will never accept that.

Mod edit.

Please provide evidence that we are wrong.

Not a reckon but any actual evidence in legislation, case law or even guidance from the government.

Handle9

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#3108410 26-Jul-2023 15:59

concordnz:
Handle9:

Section 18 of the CGA says:

Where the failure can be remedied, the consumer may—

(a) require the supplier to remedy the failure within a reasonable time in accordance with section 19:

(b) where a supplier who has been required to remedy a failure refuses or neglects to do so, or does not succeed in doing so within a reasonable time,—

(i) have the failure remedied elsewhere and obtain from the supplier all reasonable costs incurred in having the failure remedied; or

(ii) subject to section 20, reject the goods in accordance with section 22.

This covers travel and labour as that is a reasonable cost incurred in having the failure remedied. You need to stop. You don't know what you are talking about.

On the contrary, travel and labour is NOT necessarily a 'reasonable cost'.
If it's a $100 device and an authority finds that any competent user could have reasonably removed and reinstalled the device themselves, then the only 'reasonable cost' the plumber/supplier would incur would be $40 courier costs.

[Mod edit (MF): remove empty lines to make it compact]

Who cares about your hypothetical example?

In this case it’s a water pump in a fixed installation. It’s demonstrably a reasonable cost that is covered under the CGA.

Jase2985

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#3108463 26-Jul-2023 16:17

OP buys pump from Supplier.
OP hires their own plumber to install pump, pays plumber.
OP has council check if pump meets requirements
OP uses pump for over a year before it fails
OP contacts supplier about faulty pump
Supplier removes pump, installs temp pump, and repairs original pump. this has a cost associated to it it to remove, install and repair pump
Supplier removes temp pump and installs repaired pump. again this has a cost associated against it.
Supplier sends OP invoice for work to install temp pump, fix original pump, then fit original pump.

Consumer guarantees act says "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."

So any invoice for removing and installing the temp pump, repairing the original pump and installing the original pump after repair are on on the supplier as if the pump had not have failed then the OP would not have engaged them and received the invoice for the work.

Whats hard to understand about that?

Handle9

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#3109580 29-Jul-2023 16:27

Handle9:
concordnz: Perhaps that's because I'm not the one who's wrong,
But the [user's who disagree with me] here will never accept that.

Mod edit.

Please provide evidence that we are wrong.

Not a reckon but any actual evidence in legislation, case law or even guidance from the government.

Nothing? No evidence at all?

sir1963

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#3109727 30-Jul-2023 12:15

freitasm:

MikeB4: If this was purchased as an individual in domestic situation the supplies warranty is irrelevant. The consumer guarantees Act applies. You should first talk to the supplier repairer, reject the charge and talk to the Commerce Commission consumer protection unit.

IANAL but the way I see it, the OP bought the pump from one retail store, and had it fitted by his own plumber.

The plumber is not responsible for the pump - it would be replaced under warranty by the retail store. The work to replace it is not faulty so wouldn't be under warranty.

Two separate things, unless the plumber had supplied the pump and installed it. Or alternatively, the retail store should have provided the service to replace it.

https://www.consumer.org.nz/articles/consumer-guarantees-act#:~:text=If%20you%20have%20to%20post,service%20hadn%27t%20been%20faulty.

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

I would say that having to have the unit reinstalled is a consequential loss, I am assuming they paid for the initial installation.

The ONLY way the product can be put back into a useable condition is to remove and reinstall it, that is a consequential loss.

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Handle9

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#3109766 30-Jul-2023 14:53

No it is not a consequential loss. It’s a direct loss. I’ve already experienced pained what a consequential loss is earlier.

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