Geekzone: technology news, blogs, forums
Welcome Guest.
You haven't logged in yet. If you don't have an account you can register now.

View this topic in a long page with up to 500 replies per page Create new topic
1 | 2 | 3 | 4 
Affiliate link

Affiliate link: Find your next Lenovo laptop, desktop, workstation or tablet now.
1014 posts

Uber Geek
Inactive user

  #1715727 5-Feb-2017 12:55
Send private message

dejadeadnz: Lias was right that most reasonable people would not consider a TV that doesn't turn on or work as a TV to have a failure of a substantial character based on the s 21 test. The test is not, as Drastab and others would have it, about whether there is a failure of a technically substantial component, e.g. whether the failure to turn on is the result of a blown fuse or, say, the main circuit board. IMO, the OP is absolutely well within his rights to demand a refund given that he is entitled to reject the TV under s 22. Section 20, which acts as a bar to the exercise of a right to reject a good that has substantially failed, only applies if the OP fails to exercise his/her rights within reasonable time, that the goods were damaged after delivery (in a manner not relating to their original state at supply stage) etc. 


I should have read the whole thread before posting. This is what I tried to say only it is more concise.




In practical terms, what the OP is up against is the profound ignorance of the CGA by most people...



I would go further and call it wilful ignorance.


I've had failures of near new goods where the retailer expected me to unquestionably accept a repair. I rejected the notion and required a replacement. Some got pissy but I simply didn't care - it's just business. I told them if they weren't prepared to replace or refund I would simply buy one elsewhere and recover my money through the Disputes Tribunal, if necessary. It never became necessary to go to the DT because deep down they knew I was right and they were just trying it on.


One even claimed "It'll be as good as new" to which I replied "So if you put it on the shelf at full price with a sign saying 'REPAIRED' do you think anyone would take it over a new one next to it?". They had no answer to that.

1014 posts

Uber Geek
Inactive user

  #1715728 5-Feb-2017 13:00
Send private message



 I have read the whole thread and am amazed at why some people start screaming and shouting about invoking the CGA for the fault with this TV.


The supplier has arranged to pick up the TV and check it out. Once they have assessed the cause of the fault, they will make a call as to whether to repair or replace the TV. They are honouring the terms of their warranty and the CGA.





I see no "screaming and shouting" just some people saying the OP is entitled to assert their rights. Why would anyone except a shonky retailer have a problem with that?


And once again, in this case, the choice on repair/replace/refund is the consumer's, not the retailer's. The retailer can repair the TV and do whatever they like with it, but the consumer is entitled to require a refund or replacement.

BDFL - Memuneh
73976 posts

Uber Geek

ID Verified
Lifetime subscriber

  #1715733 5-Feb-2017 13:21
Send private message

Someone got warned and a post removed. Locking this because the discussion is well concluded.

Are you happy with Geekzone? Consider subscribing or making a donation.




freitasm on Keybase | My technology disclosure 


These links are referral codes: Sharesies | Mighty Ape | Norton 360 | Lenovo laptops | GoodsyncGeekzone Blockchain Project

1 | 2 | 3 | 4 
View this topic in a long page with up to 500 replies per page Create new topic

News and reviews »

D-Link G415 4G Smart Router Review
Posted 27-Jun-2022 17:24

New Zealand Video Game Sales Reaches $540 Million
Posted 26-Jun-2022 14:49

Github Copilot Generally Available to All Developers
Posted 26-Jun-2022 14:37

Logitech G Introduces the New Astro A10 Headset
Posted 26-Jun-2022 14:20

Fitbit introduces Sleep Profiles
Posted 26-Jun-2022 14:11

Synology Introduces FlashStation FS3410
Posted 26-Jun-2022 14:04

Intel Arc A380 Graphics First Available in China
Posted 15-Jun-2022 17:08

JBL Introduces PartyBox Encore Essential Speaker
Posted 15-Jun-2022 17:05

New TVNZ+ streaming brand launches
Posted 13-Jun-2022 08:35

Chromecast With Google TV Review
Posted 10-Jun-2022 17:10

Xbox Gaming on Your Samsung Smart TV No Console Required
Posted 10-Jun-2022 00:01

Xbox Cloud Gaming Now Available in New Zealand
Posted 10-Jun-2022 00:01

HP Envy Inspire 7900e Review
Posted 9-Jun-2022 20:31

Philips Hue Starter Kit Review
Posted 4-Jun-2022 11:10

Sony Expands Its Wireless Speaker X-series Range
Posted 4-Jun-2022 10:25

Geekzone Live »

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

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.