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.


14118 posts

Uber Geek
+1 received by user: 1795


Topic # 222463 12-Aug-2017 20:20
Send private message

I have a problem with a product, and the retailer has said that it is the manufacturers problem to resolve, and I must resolve it with them directly. The retailer doesn't want anything to do with it and they so the no longer sell the product or any other products from that manufacturer. However I didn't think that retailers could do this. I have searched the CGA, but can't find anything that forbids the retailer washing their hands of a problem and saying I must contact the manufacturer, but I could have missed something. Is anyone able to point me to the exact clause legislation that forbids this?

 

Thanks

 

 

 

 


Create new topic
3209 posts

Uber Geek
+1 received by user: 1800

Trusted
Lifetime subscriber

  Reply # 1845644 12-Aug-2017 20:24
5 people support this post
Send private message

The retailer is wrong go back with printed CGA and demand they sort it out

Linux




Ex JohnR VodafoneNZ 17 years 4 days

12574 posts

Uber Geek
+1 received by user: 2232

Trusted

  Reply # 1845645 12-Aug-2017 20:27
One person supports this post
Send private message

Linux: The retailer is wrong go back with printed CGA and demand they sort it out

Linux

 

I'd substitute wrong for intentionally misleading. Retailers should know more about the CGA than the average Joe.

 

(not calling the OP an average Joe :-)  )


BDFL - Memuneh
60822 posts

Uber Geek
+1 received by user: 11703

Administrator
Trusted
Geekzone
Lifetime subscriber



14118 posts

Uber Geek
+1 received by user: 1795


  Reply # 1845648 12-Aug-2017 20:32
Send private message

Linux: The retailer is wrong go back with printed CGA and demand they sort it out

Linux

 

 

 

You are right, but I wanted to know what exact clause shows they are wrong, so I can point it out to them. I found this on the Consumer protection website at https://www.consumerprotection.govt.nz/get-guidance/shopping-and-buying/warranties/ , but I am not sure what clause they are getting that opinion from.

 

Contact the retailer, manufacturer, warrantor or lender

 

You can claim a remedy directly from the business that sold you the products even if you have a manufacturer’s warranty. You do not have to contact the manufacturer, a repair person or any other third party. If the seller tells you to do that, they are likely to be in breach of the Fair Trading Act (FTA) by misleading you about your rights.


gzt

9934 posts

Uber Geek
+1 received by user: 1494


  Reply # 1845655 12-Aug-2017 20:40
Send private message

They can't do that. On the other hand sometimes it is simpler to deal directly with a manufacturer or importer if they already have processes in place for that issue. If it is a local manufacturer that may well be the case.

But yeah the simple case of retailers attempting to avoid any responsibility for anything is a pain and wrong.

7678 posts

Uber Geek
+1 received by user: 2527

Subscriber

  Reply # 1845662 12-Aug-2017 21:01
One person supports this post
Send private message
602 posts

Ultimate Geek
+1 received by user: 220


  Reply # 1845687 12-Aug-2017 23:29
3 people support this post
Send private message

mattwnz:

 

I have a problem with a product, and the retailer has said that it is the manufacturers problem to resolve, and I must resolve it with them directly. The retailer doesn't want anything to do with it and they so the no longer sell the product or any other products from that manufacturer. However I didn't think that retailers could do this. I have searched the CGA, but can't find anything that forbids the retailer washing their hands of a problem and saying I must contact the manufacturer, but I could have missed something. Is anyone able to point me to the exact clause legislation that forbids this?

 

Thanks

 

 

 

name and shame, name and shame !!

 

errr, meaning inform us so we can avoid such a dodgy retail practioner


4908 posts

Uber Geek
+1 received by user: 1539


  Reply # 1845724 13-Aug-2017 09:27
Send private message

gzt: [snip]They can't do that. On the other hand sometimes it is simpler to deal directly with a manufacturer or importer if they already have processes in place for that issue.

 

This is the key here. The consumer has remedy against the supplier (i.e. retailer), and can go back to them if they choose. However, the consumer may also go back to the manufacturer if they choose.

 

Whilst you can push back against the retailer (and they are misleading you if they say otherwise), you can also go back to the importer / manufacturer as well, and in a number of cases they actually have better systems in place, understand the legislation better and you get a better result in a shorter time.


BDFL - Memuneh
60822 posts

Uber Geek
+1 received by user: 11703

Administrator
Trusted
Geekzone
Lifetime subscriber

  Reply # 1845727 13-Aug-2017 09:29
Send private message

The important thing is that YOU, the consumer, decide to go through the retailer or manufacturer/importer. It is not up to the retailer to ignore your requests if you decide to seek remedy through them.

 

If they push back they are breaking the law. They can't advise you of the contrary or they're breaking the law.

 

IANAL.





21241 posts

Uber Geek
+1 received by user: 4273

Trusted
Subscriber

  Reply # 1845762 13-Aug-2017 10:48
Send private message

The retailer can suggest that you go to the manufacturer if it will be better or faster, but just because they have no ongoing relationship with them doesnt excuse them if you decide to have them take the item and handle the return to the manufacturer and take delivery of the replacement item etc. Not everyone wants to mess about with couriers etc which is probably why they went to a retailer in the first place rather than order online.





Richard rich.ms

23 posts

Geek
+1 received by user: 9


  Reply # 1845781 13-Aug-2017 12:18
Send private message

In a recent case (an almost eight year old Fujitsu heat pump playing up) I decided to approach the manufacturer rather than the retailer. The retailer/installer no longer sold/installed the manufacturer's products because of warranty issues in that it was always difficult to get replacement items out of the manufacturer, even though the warranty was a manufacturer's warranty.

 

Quoting the CGA to the manufacturer has got the required part to the retailer/installer requires so they can now fix my heat pump.

 

Not suggesting you should go the the manufacturer / wholesaler instead of the retailer, just that you have a choice of you approach. Typically the retailer is the easiest as they are the one you have a relationship with.


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 »

Hawaiki Transpacific cable ready-for-service
Posted 20-Jul-2018 11:29


Microsoft Dynamics 365 Business Central launches
Posted 10-Jul-2018 10:40


Spark completes first milestone in voice platform upgrade
Posted 10-Jul-2018 09:36


Microsoft ices heated developers
Posted 6-Jul-2018 20:16


PB Technologies charged for its extended warranties and warned for bait advertising
Posted 3-Jul-2018 15:45


Almost 20,000 people claim credits from Spark
Posted 29-Jun-2018 10:40


Cove sells NZ's first insurance policy via chatbot
Posted 25-Jun-2018 10:04


N4L helping TAKA Trust bridge the digital divide for Lower Hutt students
Posted 18-Jun-2018 13:08


Winners Announced for 2018 CIO Awards
Posted 18-Jun-2018 13:03


Logitech Rally sets new standard for USB-connected video conference cameras
Posted 18-Jun-2018 09:27


Russell Stanners steps down as Vodafone NZ CEO
Posted 12-Jun-2018 09:13


Intergen recognised as 2018 Microsoft Country Partner of the Year for New Zealand
Posted 12-Jun-2018 08:00


Finalists Announced For Microsoft NZ Partner Awards
Posted 6-Jun-2018 15:12


Vocus Group and Vodafone announce joint venture to accelerate fibre innovation
Posted 5-Jun-2018 10:52


Kogan.com to launch Kogan Mobile in New Zealand
Posted 4-Jun-2018 14:34



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.

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