Consumer rights question

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Buttonmash

361 posts

Ultimate Geek

#105404 3-Jul-2012 20:32

I've done a search and can't find anything quite covering this. I bought a 40GB PS3 from Noel Leeming back in 2008 with 5 year extended warranty (I forget why, I think they basically threw it in). At the beginning of this year it failed with the yellow light of death and got replaced by a refurb unit.

I left it on the shelf for months because I'd lost all my save games, downloaded games etc. About 2 months ago I finally set it up, reinstalled everything and started using it once again.

The refurb died a couple of weeks ago from what I assume is a faulty fan, and we received another refurb replacement today. It's cooling fan quickly cranks up to 100% and tries to deafen everyone in the room, even after a software reset.

I'm a bit over it, and can't say I have much trust in the refurb units that Noel Leeming supply. This is the third failure and we're looking at a 4th console now.

TL:DR

* Bought PS3 in 2008
* Died in January, replacement not used until ~May
* Replacement died
* Replacement for replacement DOA
*Want money back or non-refurb replacement. What are my rights?

heavenlywild

5060 posts

Uber Geek

Trusted

#650245 3-Jul-2012 20:40

So what is your question?

Buttonmash

361 posts

Ultimate Geek

#650251 3-Jul-2012 20:49

Down the bottom. What are my rights? At what point can I just ask for my money back instead of waiting weeks each time while another dodgy refurb is sent down.

mattwnz

20141 posts

Uber Geek

#650254 3-Jul-2012 20:51

Buttonmash: I've done a search and can't find anything quite covering this. ?I bought a 40GB PS3 from Noel Leeming back in 2008 with 5 year extended warranty (I forget why, I think they basically threw it in). At the beginning of this year it failed with the yellow light of death and got replaced by a refurb unit.

I left it on the shelf for months because I'd lost all my save games, downloaded games etc. ?About 2 months ago I finally set it up, reinstalled everything and started using it once again.

The refurb died a couple of weeks ago from what I assume is a faulty fan, and we received another refurb replacement today. ?It's cooling fan quickly cranks up to 100% and tries to deafen everyone in the room, even after a software reset.

I'm a bit over it, and can't say I have much trust in the refurb units that Noel Leeming supply. ?This is the third failure and we're looking at a 4th console now.

TL:DR

* Bought PS3 in 2008
* Died in January, replacement not used until ~May
* Replacement died
* Replacement for replacement DOA
*Want money back or non-refurb replacement. ?What are my rights?

The CGA may provide more protection, in terms of getting a refund. It sounds like they have had a number of chances.

itxtme

2102 posts

Uber Geek

#650357 4-Jul-2012 00:42

Two options

CGA - you will be lucky to get ALL your money back

Your extended warranty - read the terms of the warranty it may have a Lemon clause, mine did.

Kyanar

4089 posts

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#650361 4-Jul-2012 00:54

itxtme: Two options

CGA - you will be lucky to get ALL your money back

Your extended warranty - read the terms of the warranty it may have a Lemon clause, mine did.

This is absolutely wrong. If they have failed to repair or replace the goods multiple times, you have the option to reject the goods as they have failed to remedy the defect within a reasonable period of time, and receive a full refund or replacement (at your choice, not the suppliers).

So if you demand your money back, you will get it all back. itxtme is completely wrong that you would receive a partial refund.

itxtme

2102 posts

Uber Geek

#650521 4-Jul-2012 10:44

Kyanar:
itxtme: Two options

CGA - you will be lucky to get ALL your money back

Your extended warranty - read the terms of the warranty it may have a Lemon clause, mine did.

This is absolutely wrong. If they have failed to repair or replace the goods multiple times, you have the option to reject the goods as they have failed to remedy the defect within a reasonable period of time, and receive a full refund or replacement (at your choice, not the suppliers).

So if you demand your money back, you will get it all back. itxtme is completely wrong that you would receive a partial refund.

Nope not completely wrong, there are documented cases of only partial refunds being awarded by the arbitrator.

Byrned

455 posts

Ultimate Geek

#650537 4-Jul-2012 11:06

Also with it being claimed under the extended warranty being used to make the claim previously, that might impact some options under the CGA.

I would just lay out your cards with the Store Manager at NLG stating that if you can't get it right this time I will seek remedies under the CGA.

It's always best to seem like the reasonable person if it does need to go to the Tribunal.

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Kyanar

4089 posts

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#650594 4-Jul-2012 12:58

itxtme:
Nope not completely wrong, there are documented cases of only partial refunds being awarded by the arbitrator.

Such a remedy has no basis in law. The law provides only for a full refund or a same value replacement in the event of rejection of goods. Partial refund is not an option.

mattwnz

20141 posts

Uber Geek

#650601 4-Jul-2012 13:08

Kyanar:
itxtme:?
Nope not completely wrong, there are documented cases of only partial refunds being awarded by the arbitrator.?

Such a remedy has no basis in law. ?The law provides only for a full refund or a same value replacement in the event of rejection of goods. ?Partial refund is not an option.

+1 regarding the law. I suspect that either there is a sub story with those cases that only got a partial refund, or the arbitrator may have got it wrong. Can't really comment though unless the full details on the cases are disclosed.

floydbloke

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#650605 4-Jul-2012 13:11

Byrned: Also with it being claimed under the extended warranty being used to make the claim previously, that might impact some options under the CGA.

Why would that be. Not saying you're incorrect, just wondering why/how it could impact one's rights.

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?

Byrned

455 posts

Ultimate Geek

#650700 4-Jul-2012 15:33

floydbloke:
Byrned: Also with it being claimed under the extended warranty being used to make the claim previously, that might impact some options under the CGA.

Why would that be. Not saying you're incorrect, just wondering why/how it could impact one's rights.

Not saying I'm right either!

From what I understand of the issues, it could be argued the fault is with the service (extended warranty) and not the product (the PS3), as the item that has failed is the service. I would hazard a guess that neither NLG or Sony have had anything to do with these claims. Rather I would say it is more NLG as the service retailer, NLG's extended warranty company (I assume it's a separate company to NLG, they usually are) and/or whoever the repairer is, but I would see that the repairer is more the customer of the warranty company.

Makes for an interesting blame game, but either way, it's for NLG to sort out. Thinking it through, I'd be careful demanding a full refund under the CGA as it might be determined the extended warranty has failed and perhaps just end up with a refund of the warranty cost, which if it is as the OP stated that it was "included", then it might be nothing!

Kyanar

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#650701 4-Jul-2012 15:34

mattwnz:
Kyanar:
itxtme:?
Nope not completely wrong, there are documented cases of only partial refunds being awarded by the arbitrator.?

Such a remedy has no basis in law. ?The law provides only for a full refund or a same value replacement in the event of rejection of goods. ?Partial refund is not an option.

+1 regarding the law. I suspect that either there is a sub story with those cases that only got a partial refund, or the arbitrator may have got it wrong. Can't really comment though unless the full details on the cases are disclosed.

I suspect, and without having the details it's impossible to confirm, that what actually happened is the person got to keep the item as well, since one remedy available is if the defect isn't a major one you can choose to accept a refund equivalent to the devaluation due the minor defect. So if it's a scratch, you can ask them to refund you $5 on a $70 kettle to cover the loss in value due to the scratch. However, if a kettle puttered out after 4 weeks of use the company certainly cannot offer to refund you $50 due to you having had 4 weeks of use.