Geekzone: technology news, blogs, forums
Guest
Welcome Guest.
You haven't logged in yet. If you don't have an account you can register now.


dclegg

2806 posts

Uber Geek
+1 received by user: 810

Trusted

#159926 17-Dec-2014 14:24
Send private message

I have a top of the range Macbook Pro which I purchased approximately 14 months ago. It is starting to show indications there may be an issue with the SSD (but then again according to this KB, it could be a red herring).

I'm a software developer, and I use this laptop as my primary development machine. As such, I have concerns about whether I'll be able to get the Consumer Guarantees Act to apply to this situation, should there actually be an issue with the SSD. However, the Consumer Affairs website states the following :-


For ordinary goods that you are using for commercial purposes you may be covered by the Consumer Guarantees Act.

Check if the trader has contracted out of the Consumer Guarantees Act or the Sale of Goods Act by looking at:

any warranties or guarantees given with the goods
your contract
receipts or invoices.
Look for a statement such as “No other warranties either express or implied by law are made with respect to these goods” which will exclude the Sale of Goods Act.

The trader must specifically exclude the Consumer Guarantees Act to contract out of it, for example “if the goods are being purchased for a business purpose then the purchaser acknowledges that the Consumer Guarantees Act will not apply”. If it says this then your rights will be limited to what is in the warranty or contract.


I purchased the laptop from JB Hi-Fi, and the receipt doesn't have any language on it that would contract out of the Sale of Goods or Consumer Guarantees acts. The Important Product Information Guide that Apple ships with the MBP states


THIS WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS, AND YOU MAY HAVE OTHER RIGHTS THAT VARY FROM STATE TO STATE (OR BY COUNTRY OR PROVINCE). OTHER THAN AS PERMITTED BY LAW, APPLE DOES NOT EXCLUDE, LIMIT OR SUSPEND OTHER RIGHTS YOU MAY HAVE, INCLUDING THOSE THAT MAY ARISE FROM THE NONCONFORMITY OF A SALES CONTRACT. FOR A FULL UNDERSTANDING OF YOUR RIGHTS YOU SHOULD CONSULT THE LAWS OF YOUR COUNTRY, PROVINCE OR STATE.


A copy of this (not sure if it has been updated much, but looks pretty similar to my hardcopy), can be seen here.

Based on all this, I think I have a pretty strong claim that Apple (or JB Hi-Fi) have not contracted out of their obligations under either the Sale of Goods or Consumer Guarantees acts.

Has anyone else here been in a similar situation, especially with a laptop or computer used for commercial development purposes (I'm a self-employed contractor, FWLIW)? And if so, did you have any luck pursuing a repair under CGA or SOG even though you were using it for paid work?


Edit: Inserted hyperlinks lost due to a cut/paste SNAFU


View this topic in a long page with up to 500 replies per page Create new topic

This is a filtered page: currently showing replies marked as answers. Click here to see full discussion.

Boeingflyer
643 posts

Ultimate Geek
+1 received by user: 127

Trusted

  #1199403 17-Dec-2014 18:15
Send private message

dclegg:
chiefie: Was it purchased under business entity and the GST claimed back? If so then it is a business asset and CGA won't cover But I'm not a lawyer, that's just seem to me like that.


That was always my assumption too (and yes it was). But according to my layman's parsing of the Consumer website, the CGA has to be contracted out of (as does the Sale of Goods act), and it doesn't appear that this has happened in this case.


Sorry i'm going to be the bad person here and this is not meant to be a personal attack but it is people like you that know full well that the consumer act is for personal consumers and not businesses but will still try it on with the retailer.  All this does is make the retailer put their defence shields up against poor Joe blogs who has an actual claim because they have been burnt before.  

You can't have it both ways, you have my tax payers money from claiming GST and then having the item depreciating at 30% a year etc etc and still think you should have the rights of the normal consumer.

Either choose to claim all the good stuff while your in business or have the extra protection of a consumer.

Rant over.

View this topic in a long page with up to 500 replies per page Create new topic








Geekzone Live »

Try automatic live updates from Geekzone directly in your browser, without refreshing the page, with Geekzone Live now.



Are you subscribed to our RSS feed? You can download the latest headlines and summaries from our stories directly to your computer or smartphone by using a feed reader.