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Topic # 152279 22-Sep-2014 14:50
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Can a seller 'in trade' opt out of their warranty by saying their warranty only applies if the car radio/dvd/gps unit is installed by 'a professional'? Is this reasonable/legal, for example, if the device was installed perfectly well by the buyer but had a failure after, say, 2 months? There are regs in the Fair Trading Act disallowing opting out but is this a legal opt out???

Setting the 'warranty' issue aside, what about the CGA? If the item failed in the above scenario, can we see the CGA not covering it?

As a comparison, in the case of someone making up their own computer, I have never seen such a warranty limitation and there certainly is scope for a non 'professional' to cock things up. If the faulty component was not clearly damaged by the installer, the reseller always honours the warranty in my experience.

Something for the bush lawyers to go at!!

(I did try to google an answer but it doesn't come up specifically enough to settle it).

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  Reply # 1133751 22-Sep-2014 15:01
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I'd say no.

Unless the unqualified/unskilled installer damaged the equipment, the warranty should still be valid.
But so long as you can prove the equipment was faulty due to shotty equipment, you should be fine. 




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  Reply # 1133754 22-Sep-2014 15:05
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Is this reasonable/legal, for example, if the device was installed perfectly well by the buyer but had a failure after, say, 2 months?

Assuming as you say it was installed perfectly - no it is not reasonable. Imho if they have doubts about the installation they should ask to inspect it.

I suggest you contact them and state that installation is perfect and done to professional standards (if that is true) and offer them the ability to inspect. If they decline then it's time to take it further.

 
 
 
 


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  Reply # 1133767 22-Sep-2014 15:21
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when it is pulled apart for warranty it should be clear whether it was installed properly I reckon




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  Reply # 1134131 22-Sep-2014 22:14
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Do they even say how they define a "professional"? As unlike say Plumbing or Teaching. (Which both have registration / licensing boards, And laws that say you must obtain minimum qualifications and a practising Licence). There is no equivalent needed for installing car stereos.





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  Reply # 1134133 22-Sep-2014 22:24
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Anyone who provides a good looking receipt for installation? ; ).

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  Reply # 1134138 22-Sep-2014 22:53
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i'm happy to invoice you




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  Reply # 1134141 22-Sep-2014 22:57
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Unless you actually did the installation - that would not be a sensible move.

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  Reply # 1134174 22-Sep-2014 23:20
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linw: Can a seller 'in trade' opt out of their warranty by saying their warranty only applies if the car radio/dvd/gps unit is installed by 'a professional'? Is this reasonable/legal, for example, if the device was installed perfectly well by the buyer but had a failure after, say, 2 months? There are regs in the Fair Trading Act disallowing opting out but is this a legal opt out???

Setting the 'warranty' issue aside, what about the CGA? If the item failed in the above scenario, can we see the CGA not covering it?

As a comparison, in the case of someone making up their own computer, I have never seen such a warranty limitation and there certainly is scope for a non 'professional' to cock things up. If the faulty component was not clearly damaged by the installer, the reseller always honours the warranty in my experience.

Something for the bush lawyers to go at!!

(I did try to google an answer but it doesn't come up specifically enough to settle it).


I had a quick read of the act and it looks like there could indeed be grounds there.  If the supplier or their agent has said that product needs to be installed by a professional - which in this appears to be someone with the appropriate level 2 national certificate - and you ignore that then it looks like you may have waved the guarantee of fitness.  

You're not going to find the answer by googling though.  You need to look at case law.  You need someone with fancy subscriptions for that.



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  Reply # 1134225 23-Sep-2014 07:56
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Thanks, guys, for your input. Seems like a bit of a grey area but there is no regulatory requirement for such installations and no definition of a 'professional'. 

But, at the end of the day, I still don't think anyone in trade can opt out of fixing/replacing a clearly defective product in this way. Just don't see a tribunal thinking that was OK. 

Contracting out is unenforceable under the Fair Trading Act but does this qualify??

So, no real answer, but the trader may lose business as a result of his requirement. Certainly makes me think twice about dealing with him.

Cheers.

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  Reply # 1134238 23-Sep-2014 08:09
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When you say warranty - was there something on a piece of paper - did it say it must be installed by a 'professional'.

What are the company you bought off quoting from?
What is the warranty?




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  Reply # 1134290 23-Sep-2014 08:52
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This depends on the type of product, to a degree. For a product that most would deem 'user-installable', regardless of any such clause, you are probably alright. For a product where that is not the case, it may be a grey area. In some cases, there is a legal expectation that it be professionally installed (this is particularly applicable to mains-powered devices that are hardwired, rather than plug-in, for example).




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  Reply # 1134413 23-Sep-2014 10:56
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A warranty is just a contract. The supplier/manufacturer can more or less say what they like in it. So saying that the warranty is void unless professionally installed is probably enforceable.

The Consumer Guarantees Act sits over the top of this though. Even if there was no warranty at all, the Consumer Guarantees Act still applies to non-business purpose sales. So there is a guarantee that goods are of acceptable quality. There are some kickers to this though. For example, section 20 says you can't reject goods if they were damaged after they were supplied. If, in fact, the goods were faulty, the CGA should apply. But if the issue was due to the non-professional install, likely no remedy.

I would imagine most suppliers will come back with a response to the effect of "We'll look at it, but if you've broken it because you didn't follow the instructions, it's your problem. And by the way, we'll charge you the costs of the investigation too".

The Fair Trading Act only really applies to false advertising. I'm not sure this would apply here.

[EDIT: Fixing absolutely appalling grammar. I'm ashamed of myself.]

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  Reply # 1134600 23-Sep-2014 14:43
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Installation clause is for damage by incorrect or unreliable power connection and mismatched speaker faults etc.

If the retailer is really not even looking at the device then get it repaired somewhere else and get the exact details of the fault and the repairers professional opinion after a quick inspection of the installation and ruling out potential causes. Send the retailer the bill and advise them next stop is disputes tribunal.

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