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 
1014 posts

Uber Geek
+1 received by user: 572
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
+1 received by user: 572
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
63288 posts

Uber Geek
+1 received by user: 13834

Lifetime subscriber

  # 1715733 5-Feb-2017 13:21
3 people support this post
Send private message
1 | 2 | 3 | 4 
View this topic in a long page with up to 500 replies per page Create new topic

Twitter »

Follow us to receive Twitter updates when new discussions are posted in our forums:

Follow us to receive Twitter updates when news items and blogs are posted in our frontpage:

Follow us to receive Twitter updates when tech item prices are listed in our price comparison site:

News »

HPE to acquire supercomputing leader Cray
Posted 20-May-2019 11:07

Techweek starting around NZ today
Posted 20-May-2019 09:52

Porirua City Council first to adopt new council software solution Datascape
Posted 15-May-2019 12:00

New survey provides insight into schools' technology challenges and plans
Posted 15-May-2019 09:30

Apple Music now available on Alexa devices in Australia and New Zealand
Posted 15-May-2019 09:11

Make a stand against cyberbullying this Pink Shirt Day
Posted 14-May-2019 20:23

Samsung first TV manufacturer to launch the Apple TV App and Airplay 2
Posted 14-May-2019 20:11

Vodafone New Zealand sold
Posted 14-May-2019 07:25

Kordia boosts cloud performance with locally-hosted Microsoft Azure ExpressRoute
Posted 8-May-2019 10:25

Microsoft Azure ExpressRoute in New Zealand opens up faster, more secure internet for Kiwi businesses
Posted 8-May-2019 09:39

Vocus Communications to deliver Microsoft Azure Cloud Solutions through Azure ExpressRoute
Posted 8-May-2019 09:25

Independent NZ feature film #statusPending to premiere during WLG-X
Posted 6-May-2019 22:13

The ultimate dog photoshoot with Nokia 9 PureView #ForgottenDogsofInstagram
Posted 6-May-2019 09:41

Nokia 9 PureView available in New Zealand
Posted 6-May-2019 09:06

Motorola Solutions joins local partners to deliver advanced communications network in New Zealand
Posted 30-Apr-2019 21:50

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.