CGA vs Warranty - Air Fryer purchased September 2023 is dead

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Forums › Off topic › CGA vs Warranty - Air Fryer purchased September 2023 is dead

johno1234

2794 posts

Uber Geek

#317993 4-Dec-2024 17:11

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Switched on our Nutribullet XXL Airfryer and it got half way through its programme and died. Now not a peep or LED to be heard or seen.

So I look it up - 15 months old and the Briscoes product website says the warranty is 12 months.

Is that reasonable and if I ask under CGA should they repair or replace it?

[is this the best forum to ask this question?]

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johno1234

2794 posts

Uber Geek

#3318828 10-Dec-2024 16:45

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Update #2:

The air fryer stopped again so took it back to the store. The manager tapped away on a terminal for a couple of minutes then grabbed a new one.

But there's more. They are on sale at a cheaper price than on the sale I purchased the original one on, so they refunded the $40 difference on top of the replacement.

Bravo Briscoes. Bravo.

ArcticSilver

729 posts

Ultimate Geek

#3319017 11-Dec-2024 07:32

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Handle9:
I'd love to see the clause or case law that implies that the reasonable expectation of durability is from when the replacement is made rather than the original transaction.

It's entirely reasonable for a fridge to last 10 years. If it is replaced after 7 years and then the replacement has failed after 7 further years the consumer would be drawing a very long bow to try and claim that the 14 year service period for the goods was not reasonable.

I'm happy to be proven wrong, if that right exists then I'm sure you can show me.

I’m not so keen to go reading through each section of the act again to articulate exactly why you’re incorrect, but maybe this summary from the consumer website will convince you?

Comsumer:
Replacement models are covered
When a faulty product is replaced, any manufacturer’s warranty on the product usually runs only from the original purchase date.

So, if a 6-month-old washing machine is replaced because it is faulty, and there was originally a 12-month manufacturer’s warranty on it, then this warranty will have 6 months to run on the new machine.

However, the Consumer Guarantees Act applies to the replacement, so you will still have all the rights you’re entitled to when buying a new machine.

https://www.consumer.org.nz/articles/consumer-guarantees-act

Remember, the CGA is NOT a warranty, it’s about the goods being of acceptable quality and this applies to the replacement version. There is nothing that says this is applied from the original purchase date for replacements. Maybe you could show me where that is in the act if you’re so sure about it?

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