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.




2207 posts

Uber Geek

Subscriber

#152279 22-Sep-2014 14:50
Send private message

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).

Create new topic
3017 posts

Uber Geek


  #1133751 22-Sep-2014 15:01
Send private message

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. 




Bachelor of Computing Systems (2015)

 

--

 

Late 2013 MacBook Pro with Retina Display (4GB/2.4GHz i5/128GB SSD) - HP DV6 (8GB/2.8GHz i7/120GB SSD + 750GB HDD)
iPhone 6S + (64GB/Gold/Vodafone NZ) - Xperia Z C6603 (16GB/White/Spark NZ)

Sam, Auckland 


gzt

11541 posts

Uber Geek

Lifetime subscriber

  #1133754 22-Sep-2014 15:05
Send private message

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.

 
 
 
 


Mad Scientist
22563 posts

Uber Geek

Trusted
Lifetime subscriber

  #1133767 22-Sep-2014 15:21
Send private message

when it is pulled apart for warranty it should be clear whether it was installed properly I reckon




Involuntary autocorrect in operation on mobile device. Apologies in advance.


3885 posts

Uber Geek


  #1134131 22-Sep-2014 22:14

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.





gzt

11541 posts

Uber Geek

Lifetime subscriber

  #1134133 22-Sep-2014 22:24
Send private message

Anyone who provides a good looking receipt for installation? ; ).

Mad Scientist
22563 posts

Uber Geek

Trusted
Lifetime subscriber

  #1134138 22-Sep-2014 22:53
Send private message

i'm happy to invoice you




Involuntary autocorrect in operation on mobile device. Apologies in advance.


gzt

11541 posts

Uber Geek

Lifetime subscriber

  #1134141 22-Sep-2014 22:57
Send private message

Unless you actually did the installation - that would not be a sensible move.

 
 
 
 


835 posts

Ultimate Geek

Trusted

  #1134174 22-Sep-2014 23:20
Send private message

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.



2207 posts

Uber Geek

Subscriber

  #1134225 23-Sep-2014 07:56
Send private message

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.

3111 posts

Uber Geek


  #1134238 23-Sep-2014 08:09
Send private message

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?




Nothing is impossible for the man who doesn't have to do it himself - A. H. Weiler


2572 posts

Uber Geek


  #1134290 23-Sep-2014 08:52
Send private message

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).

mdf

2622 posts

Uber Geek

Trusted
Subscriber

  #1134413 23-Sep-2014 10:56
Send private message

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.]

gzt

11541 posts

Uber Geek

Lifetime subscriber

  #1134600 23-Sep-2014 14:43
Send private message

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.

Create new topic




News »

Freeview On Demand app launches on Sony Android TVs
Posted 6-Aug-2020 13:35


UFB hits more than one million connections
Posted 6-Aug-2020 09:42


D-Link A/NZ extends COVR Wi-Fi EasyMesh System series with new three-pack
Posted 4-Aug-2020 15:01


New Zealand software Rfider tracks coffee from Colombia all the way to New Zealand businesses
Posted 3-Aug-2020 10:35


Logitech G launches Pro X Wireless gaming headset
Posted 3-Aug-2020 10:21


Sony Alpha 7S III provides supreme imaging performance
Posted 3-Aug-2020 10:11


Sony introduces first CFexpress Type A memory card
Posted 3-Aug-2020 10:05


Marsello acquires Goody consolidating online and in-store marketing position
Posted 30-Jul-2020 16:26


Fonterra first major customer for Microsoft's New Zealand datacentre
Posted 30-Jul-2020 08:07


Everything we learnt at the IBM Cloud Forum 2020
Posted 29-Jul-2020 14:45


Dropbox launches native HelloSign workflow and data residency in Australia
Posted 29-Jul-2020 12:48


Spark launches 5G in Palmerston North
Posted 29-Jul-2020 09:50


Lenovo brings speed and smarter features to new 5G mobile gaming phone
Posted 28-Jul-2020 22:00


Withings raises $60 million to enable bridge between patients and healthcare
Posted 28-Jul-2020 21:51


QNAP integrates Catalyst Cloud Object Storage into Hybrid Backup solution
Posted 28-Jul-2020 21:40



Geekzone Live »

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


Support Geekzone »

Our community of supporters help make Geekzone possible. Click the button below to join them.

Support Geezone on PressPatron



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.

Alternatively, you can receive a daily email with Geekzone updates.