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1027 posts

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# 180647 16-Sep-2015 14:02
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Hi All,

Have a scenario I wanted to get some opinion on before I start sending grumpy e-mails to the retailer involved, which goes like this.

In November last year (2014), I purchased a jacket, rand-new from said retailer.  This jacket has a removable waterproof lining, which you can zip in/out as required.  Being that I live in the 'Sunny South Island', I've used this for most of the yea with the lining in, which has worked fine.

Around a month ago, I noticed a few leaks on my arms, and on removing the waterproof lining, discovered it had perished quite badly in multiple places, especially around the seams.

I contacted the retailer, who offered to send me a new lining for the cost of freight - the linings are just a rubber-coated, heat-sealed at the seams affair that zip into the jacket at the cuffs and around the outside of the lining.

When the new lining turned up, I discovered that the zips were reversed from the old lining, so they no longer fitted the jacket.  When I pointed this out to the retailer, they confirmed that their manufacturer had changed the zips, and they could no longer guarantee the linings would fit older jackets.

As you could imagine, I was pretty annoyed, as a leaking waterproof jacket is as much use as a chocolate teapot, and said that under the CGA, I wanted a lining that would fit, or a new jacket.  Their response, on realizing I'd purchased the jacket late last year was that they only offer a 3-month warranty, and the best they'd do was offer me a new jacket at a subsidized price.

 

 

 

So. . .

 

1. Effectively, they're saying their jackets are only fit for purpose for 3 months, which is nonsense
2. They're refusing to Repair/Replace/Refund

 

 

 

Thoughts?

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  # 1388526 16-Sep-2015 14:05
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I think you have a case under the CGA, a jacket would reasonably be expected to last a year...

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  # 1388527 16-Sep-2015 14:06
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On the face of it there may be a case to approach it with the CGA in mind, the product is less than 12 months old so it is reasonable to expect it to last longer than that if it has been worn as designed and promoted etc.




Mike
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The views stated in my posts are my personal views and not that of any other organisation.

 

The is no planet B

 

 


 
 
 
 


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  # 1388539 16-Sep-2015 14:09
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Here's a thought, could a zip repair place change the zip on the liner or jacket to match the other?

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  # 1388542 16-Sep-2015 14:15
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I bought an Icebreaker jacket with dome buttons on its cuffs. Nine months in and having only used it for three months (winter then summer) I found out one of the buttons just came out of the fabric. I contacted them and was sent a brand new jacket, no questions asked.

Not the same thing obviously but had they balked then I would expect to be coverex by the CGA.





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  # 1388548 16-Sep-2015 14:32
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IANAL, but...

The CGA does apply to clothing so I cannot see why it wouldn't apply here.  A jacket was sold to you as being waterproof, and unless there is some unreasonable use on your part over and above normal wear and tear I would think that an item of clothing should be fit for purpose for more than ten months.

Does the manufacturer have a New Zealand presence?  Under the CGA you can deal with the manufacturer as well as the retailer and there may be a manufacturer's warranty or express guarantee that's more than three months.  The CGA also requires the manufacturer to ensure a "supply of parts for the goods [are] reasonably available for a reasonable period" so you might argue that the manufacturer has not met this commitment if the replacement lining is not suitable to be used with the supplied jacket.

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  # 1388612 16-Sep-2015 16:11
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Yes. Depending on the value and expectation. you could not expect a $10 jacket from the warehouse to last that long.




Always be yourself, unless you can be Batman, then always be the Batman





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  # 1388616 16-Sep-2015 16:22
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scuwp: Yes. Depending on the value and expectation. you could not expect a $10 jacket from the warehouse to last that long.


Of course - the jacket was over $200 (and represented as being of equivalent quality to jackets twice the price), and is otherwise well-made and does what it promised to do.

 
 
 
 


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  # 1388714 16-Sep-2015 21:01
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I'd say you'd have a case, jacket should last more than a year!

I've one here I've had since I was 16, its lining is all fine, external is still perfect looking .... I'm now 42 :-)

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  # 1388951 17-Sep-2015 11:49
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I think you have a good case there.

Question is, is it worth the filing fee (which you can't claim).

If it was me, I'd write a letter informing the company of your intention to start proceedings in the disputes tribunal against their business and state that you will give them 14 days to respond with a suitable remedy before resorting to such action.






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  # 1388987 17-Sep-2015 12:29
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Definitely a case.

Their warranty has no relevance (who only has a 3 month warranty anyway?). They cannot escape their CGA obligations like that.

For a $200 jacket, I would reasonably expect it to last a couple of seasons of regular (daily) use, longer if not used regularly.

Is it a name brand Jacket? Are they a big/Chain retailer?

 

 



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  # 1398113 1-Oct-2015 16:12
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Thanks for all the advice and encouragement guys - the latest is that the jacket supplier is seeking advice from their lawyer, and will abide by whatever they recommend.

Fingers crossed for a positive, amicable outcome!

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  # 1398125 1-Oct-2015 16:23
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That's not your problem, your remedy lies with the retailer. How they deal with their supplier is not your concern - they have to provide you with an acceptable remedy.

Unless you bought it under a business name, or for commercial purposes, the CGA is on your side, and the retailer must abide. It would be worth filing a claim if they don't come to the party (tell them you will be).

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  # 1398131 1-Oct-2015 16:30
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It's also worth noting that the CGA also covers the requirement to provide "spare parts" for a "reasonable" period of time

http://www.legislation.govt.nz/act/public/1993/0091/latest/DLM312813.html

12. Guarantee as to repairs and spare parts

 

(1) Subject to sections 41 and 42, where goods are first supplied to a consumer in New Zealand (whether or not that supply is the first-ever supply of the goods), there is a guarantee that the manufacturer will take reasonable action to ensure that facilities for repair of the goods and supply of parts for the goods are reasonably available for a reasonable period after the goods are so supplied.


...so the incompatible lining that was supplied could be argued to be in breach of this as well.

IANAL, but I would suggest that you've provided the retailer with an opportunity to repair or remedy a fault.  They have made an attempt to do so (implicit acknowledgement that the fault existed) The "repair" has not resolved the matter, so you are within your rights to "reject" the goods and get a cash refund.

Good luck :-)

 

 



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  # 1398132 1-Oct-2015 16:31
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trig42: That's not your problem, your remedy lies with the retailer. How they deal with their supplier is not your concern - they have to provide you with an acceptable remedy.

Unless you bought it under a business name, or for commercial purposes, the CGA is on your side, and the retailer must abide. It would be worth filing a claim if they don't come to the party (tell them you will be).


Sorry - I was a bit loose with my terminology there - I meant the jacket retailer (they're also the importer - no idea who the overseas manufacturer is).  And yes, that's my contention - under sections 6 & 12 of the CGA, they have obligations to provide goods of acceptable quality, and also to have spare parts available for a reasonable period of time (or contract out of this by advising they don't at time-of-purchase - which they didn't do).

I've already told them I'll be taking this further if need be, and that I don't believe I'm being unreasonable in my claim.

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