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Topic # 222463 12-Aug-2017 20:20
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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

 

 

 

 


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  Reply # 1845644 12-Aug-2017 20:24
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The retailer is wrong go back with printed CGA and demand they sort it out

Linux

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  Reply # 1845645 12-Aug-2017 20:27
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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 :-)  )


 
 
 
 


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  Reply # 1845648 12-Aug-2017 20:32
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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.


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  Reply # 1845655 12-Aug-2017 20:40
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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.

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  Reply # 1845662 12-Aug-2017 21:01
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  Reply # 1845687 12-Aug-2017 23:29
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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


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  Reply # 1845724 13-Aug-2017 09:27
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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.


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  Reply # 1845727 13-Aug-2017 09:29
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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.





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  Reply # 1845762 13-Aug-2017 10:48
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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.





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  Reply # 1845781 13-Aug-2017 12:18
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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.


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