CG Act and Intel

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mdav056

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#201896 8-Sep-2016 19:59

It goes like this. I got my first Intel Compute Stick (windows 8.1) from Mighty Ape about 1.5 years ago. After about 4 months, it gave up, and after some tooing and froing, Intel replaced the unit. Great. Now, just over a year later, this too has given up the ghost (won't boot, no output), so I'm talking to Intel again. The warranty from Intel is 1 year, so I would be out of luck. But I mentioned the GCA to them, and they said they were aware of different regulations in different countries, and could I send them a link to the relevant part of the CGA. Hopeful.

However, it appears to me that the CGA is not very specific. I would have expected a computer to work for more than 1 year and 2 months, but would the CGA think this? I *think* I have read somewhere that 3-5 years would be the expected life.

Can anyone please point me to anything relevant to this? I'd like to send Intel chapter&verse on what the expectation is in NZ, so that I could maybe get a replacement. Mighty Ape are clearly well out of this now, I don't think that I can go back to them with an already-replaced unit.

Thanks, people.

gml

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#1626027 8-Sep-2016 20:15

Consumer say 5 years, but it's behind a paywall. CGA doesn't define exact times.

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surfisup1000

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#1626029 8-Sep-2016 20:20

You're covered in my view.

In all my experience in making claims from retailers, this one is on your side.

They only possible issue is the price -- these are quite cheap right? That could limit the guarantee to a shorter period however I'd still expect 3 years minimum .

But, you may not want to go to disputes as that costs $45 which is unrecoverable.

Blurtie

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#1626031 8-Sep-2016 20:23

INAL but i believe the relevant part you would quote to intel is the 'fit for purpose' part in the CGA. I think it's Section 8. Say that you expected the new (replacement) Compute stick to last longer than a year - as with most electronic goods, and therefore the stick you have is not fit for purpose.

Jase2985

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#1626154 9-Sep-2016 05:35

it defines something lasting a "reasonable" amount of time.

to define reasonable goes back to how its used.

A washing machine for instance for a professional couple that do a load twice a week should last a lot longer than a family of 6 (with 4 small kids) that do 10 loads a week.

sidefx

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#1626166 9-Sep-2016 07:03

I would still try mighty ape and see what they say...

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Dingbatt

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#1626382 9-Sep-2016 10:25

Slightly OT, but the last couple of times I have been offered extended warranties on goods I have asked "Do you believe your product is not durable enough to last beyond its warranty?".

My experience with out of warranty claims has been reasonably successful, although I would like to add that I try to be reasonable with my claim. I think your request for resolution, be it repair, replace or refund (up to the retailer) is quite reasonable in this case. But isn't your claim with MightyApe rather than Intel? You should be dealling with MightyApe, who as an NZ retailer are fully aware of the CGA. It is then up to them to deal with Intel.

In the current social media environment businesses seem far more amenable to resolution.

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MikeAqua

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#1626425 9-Sep-2016 11:03

The CG cover period is from the date of original purchase. You don't get to reset the clock when a replacement device is provided.

With that in mind ... how long ago did you actually purchase it? I'm getting 18 months from your description.

Doesn't seem long enough to me, unless there is some reason the device would be expected to have short a service life

e.g. It works very hard and runs quite hot and is attached to a TV which is a warm environment.

Mike

Inphinity

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#1626427 9-Sep-2016 11:04

What did MightyApe say? In my experience they've always been really good.

sidefx

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#1626429 9-Sep-2016 11:10

Inphinity:

What did MightyApe say? In my experience they've always been really good.

This. While the physical unit you currently have may have come from Intel, Mighty Ape were the retailer who originally advertised and sold it as fit for purpose... And agree with the fact that Mighty Ape have always been very good to me in the past. TBH I would always go to retailer first and only deal with manufacturer as a last resort. EDIT: And always push back on a retailer who tries to fob you off onto the manufacturer - it's your choice who you deal with and if you want to deal with the retailer it's their job to deal with the manufacturer, not yours.

"I was born not knowing and have had only a little time to change that here and there." | Octopus Energy | Sharesies
- Richard Feynman

mrdrifter

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#1626431 9-Sep-2016 11:18

MikeAqua:

The CG cover period is from the date of original purchase. You don't get to reset the clock when a replacement device is provided.

With that in mind ... how long ago did you actually purchase it? I'm getting 18 months from your description.

I don't believe that is quite correct. I think consumer addressed this a number of years ago and I have successfully argued this with a retailer.

If an item is expected to last 3 years and was replaced after 6 months, the replaced item should still have a life of 3 years from the date of replacement, not the balance of 2.5 years. That's why 'reasonable' isn't a fixed definition, as items do become obsolete and get superseded.

ArcticSilver

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#1626486 9-Sep-2016 12:29

MikeAqua:

The CG cover period is from the date of original purchase. You don't get to reset the clock when a replacement device is provided.

This is incorrect, the consumer guarantees act does in fact reset when you get the replacement device.

You may not get an extension on a manufacturers warranty, or purchased extended warranty, but the consumer guarantees act does apply to the replacement product which means you are still covered as if you had just purchased it.

CYaBro

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#1626559 9-Sep-2016 13:44

mrdrifter:

MikeAqua:

The CG cover period is from the date of original purchase. You don't get to reset the clock when a replacement device is provided.

With that in mind ... how long ago did you actually purchase it? I'm getting 18 months from your description.

I don't believe that is quite correct. I think consumer addressed this a number of years ago and I have successfully argued this with a retailer.

If an item is expected to last 3 years and was replaced after 6 months, the replaced item should still have a life of 3 years from the date of replacement, not the balance of 2.5 years. That's why 'reasonable' isn't a fixed definition, as items do become obsolete and get superseded.

So by your reasoning if I had something replaced just inside what is deemed "reasonable" for that item, let's say 3 years, then I get another 3 years coverage?

So in total I would have had almost 6 years of coverage!?

And then if I did the same thing again just before 6 years?

Opinions are my own and not the views of my employer.

ArcticSilver

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#1626567 9-Sep-2016 13:55

CYaBro:

mrdrifter:

MikeAqua:

The CG cover period is from the date of original purchase. You don't get to reset the clock when a replacement device is provided.

With that in mind ... how long ago did you actually purchase it? I'm getting 18 months from your description.

I don't believe that is quite correct. I think consumer addressed this a number of years ago and I have successfully argued this with a retailer.

If an item is expected to last 3 years and was replaced after 6 months, the replaced item should still have a life of 3 years from the date of replacement, not the balance of 2.5 years. That's why 'reasonable' isn't a fixed definition, as items do become obsolete and get superseded.

So by your reasoning if I had something replaced just inside what is deemed "reasonable" for that item, let's say 3 years, then I get another 3 years coverage?

So in total I would have had almost 6 years of coverage!?

And then if I did the same thing again just before 6 years?

Yes if they choose to replace the goods that's on them. They can refund you instead.

mattwnz

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#1626568 9-Sep-2016 13:57

CYaBro:

mrdrifter:

MikeAqua:

The CG cover period is from the date of original purchase. You don't get to reset the clock when a replacement device is provided.

With that in mind ... how long ago did you actually purchase it? I'm getting 18 months from your description.

I don't believe that is quite correct. I think consumer addressed this a number of years ago and I have successfully argued this with a retailer.

If an item is expected to last 3 years and was replaced after 6 months, the replaced item should still have a life of 3 years from the date of replacement, not the balance of 2.5 years. That's why 'reasonable' isn't a fixed definition, as items do become obsolete and get superseded.

So by your reasoning if I had something replaced just inside what is deemed "reasonable" for that item, let's say 3 years, then I get another 3 years coverage?

So in total I would have had almost 6 years of coverage!?

And then if I did the same thing again just before 6 years?

IANAL

There is a grey area here, and people get confused with the warranty, and the CGA. The warranty doesn't reset after replacement, so if something has a 1 year warranty, and it fails after 6 months, then the replacement will only have 6 months left. However there are no time limits on the CGA, so it doesn't reset, nor can it reset, due to there being no time limit on it. It is purely based on a case by case basis, as to what it would be reasonable for it to last based on it's value and quality etc.

mdav056

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#1626574 9-Sep-2016 14:11

Thanks you all for your comments and help. FYI, the original price on April 30, 2015, was $229.99, so not inconsiderable (to me, anyway!)

I sent Intel a link to the CGA, the relevant part of it, and am now awaiting their reply. If it's negative, I'll go back to MightyApe and see what they say (I suspect I like MightyApe more than I like Intel--David, Goliath) which is why I'm working on Intel first. But it's good that you think that 5 years might be the expected life of a computer -- as would I, because most of mine are > 5 years old and still very sprightly.

I doubt I could take Intel to the small claims court as they seem not to have an office in NZ.

I'll post here how it goes.

gml

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