Am I covered by the CGA?

Forums › Off topic › Am I covered by the CGA?

littleheaven

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#243748 30-Dec-2018 03:12

My very lucky son got an iPad from his grandparents for Christmas, and to go with it, I bought him a top-end scratch resistant smudge-proof tempered glass screen protector to help keep it safe. My super-careful sister applied this to the iPad on Christmas Day, using the tools provided (sticky sheet and micro fibre cloth). While checking to make sure she hadn’t left any air bubbles she noticed a 4mm long scratch in the screen protector that had to have been there when it came out of the box, but was not visible until it had the reflective iPad screen beneath it. There’s no way she could have done it during the application process - the screen protector never went near anything capable of inflicting such damage. As well as being visually annoying, the scratch is rough to the touch and we are worried it might scuff the nib on my son’s Apple Pencil.

So today I took it back to JB Hi Fi with the box and receipt to ask for a replacement for the faulty product. The guy who served me went to speak to his manager and then came back saying that they wouldn’t replace it because they had no way of knowing if it was faulty or if we’d scratched it ourselves. He referred me to the manufacturer’s lifetime warranty (which covered any and all damage) and told me to claim from them instead. So I left, went home and began the claim process, only to discover that it was going to cost me $10USD in postage for the replacement plus however much it would cost to return the faulty one to them. Which I’d be happy with if we’d caused the damage, but not for a faulty product that cost $70 to start with.

I’d like to go back to the store to try to return it again. But how can I ever prove the item was faulty to start with? Should I even have to? Does the responsibility lie with me to prove I didn’t scratch it or with them to prove I did? If it were, say, a pair of headphones and there was no audio in one ear, would they refuse to replace them because I could have damaged them myself by bending or pulling the cable? I’d love to know my rights in this situation. Any advice would be most appreciated.

Geek girl. Freelance copywriter and editor at Unmistakable.co.nz.

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#2152051 30-Dec-2018 04:21

They should be helping you, not robbing you off to the manufacturer. Didn't Harvey Norman or someone get in trouble doing the same thing not so long ago? That's shocking service on their part anyway (IMO).

gregmcc

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#2152057 30-Dec-2018 06:41

Go and have a read of the CGA (its available on line free) basically the retailer cannot fob you off and point you to the manufacturer, it is the retailers responsibility to fix/replace it (that is why you pay retail).

Print off the relevant section of the CGA and go back to the store, if they still refuse to deal with the problem then let them know that you will be off to the disputes tribunal as the warranty statement is quite clear.

gregmcc

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#2152062 30-Dec-2018 07:29

eracode:

He referred me to the manufacturer’s lifetime warranty (which covered any and all damage) and told me to claim from them instead.

With respect, I think we all know that - after countless threads here on GZ re CGA. The point is the retailer could claim, justifiably in their eyes, that the item was fine when sold and that the scratch was operator error during or after it was applied to the iPad.

The OP has no way of proving that it was already scratched when purchased. Difficult situation and maybe not actually within the scope of CGA. Maybe it comes down to the goodwill of the retailer.

However if the screen protector is guaranteed to be unscratchable, that would be different and would be covered by CGA.

I don't think it's an issue about who, what or when the the damage occurred, it's more of an issue about who should be putting it right, the CGA quite clearly lists the retailer as the 1st stop, although the manufacturer/importer can be held responsible is is the buyers choice not the sellers choice who they should deal with.

eracode

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#2152064 30-Dec-2018 07:41

gregmcc:
eracode:

He referred me to the manufacturer’s lifetime warranty (which covered any and all damage) and told me to claim from them instead.

With respect, I think we all know that - after countless threads here on GZ re CGA. The point is the retailer could claim, justifiably in their eyes, that the item was fine when sold and that the scratch was operator error during or after it was applied to the iPad.

The OP has no way of proving that it was already scratched when purchased. Difficult situation and maybe not actually within the scope of CGA. Maybe it comes down to the goodwill of the retailer.

However if the screen protector is guaranteed to be unscratchable, that would be different and would be covered by CGA.

I don't think it's an issue about who, what or when the the damage occurred, it's more of an issue about who should be putting it right, the CGA quite clearly lists the retailer as the 1st stop, although the manufacturer/importer can be held responsible is is the buyers choice not the sellers choice who they should deal with.

Sorry - you’re right. I realised this and deleted my post but you had already quoted it.

I changed my mind because I went to the JB site and, based on the price the OP mentioned, found what I think is the screen protector involved - Zagg InvisibleShIeld Glass.

The product description on the JB site is long and glowing - and near the end it says:

“Worry-Free Limited Lifetime Warranty
Glass is backed by Zagg's famous limited lifetime warranty. If your InvisibleShield Glass ever gets worn or damaged, ZAGG will replace it – for the life of your device.”

The words ‘ever gets worn or damaged’ are pretty clear (no pun intended) and certainly the OP should go back to JB, point out the above words on the JB website and assert her rights under CGA. It’s irrelevant whether the scratch was there when it was sold or caused during or after application and JB can’t argue that.

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quickymart

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#2152074 30-Dec-2018 08:22

When they finally get around to doing their job and replacing it, I'd ask them to fit the replacement too - that way they can't pull the "we think you did this damage at home" line on you again, as they are the ones doing the fitting.

eracode

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#2152075 30-Dec-2018 08:32

quickymart:
When they finally get around to doing their job and replacing it, I'd ask them to fit the replacement too - that way they can't pull the "we think you did this damage at home" line on you again, as they are the ones doing the fitting.

.... or, if JB won’t do that, the OP should open the packaging and check the new one for scratching while still in the shop.

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SirHumphreyAppleby

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#2152085 30-Dec-2018 09:17

eracode:

.... or, if JB won’t do that, the OP should open the packaging and check the new one for scratching while still in the shop.

I wouldn't do that in case problems became apparent after the protector was applied, as in the first instance. Checking in store would imply that the product was of an acceptable standard, and that you knew of any faults before accepting the product, invalidating any further claims under the CGA relating to that type of defect.

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tardtasticx

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#2152086 30-Dec-2018 09:18

If JBHIFI say the warranty with the manufacturer is so great then they can courier it back to them and pay for the shipping both ways. In my view they should be dealing with this entirely, whether it means sending back to manufacturer or replacing from their own stock.

eracode

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#2152087 30-Dec-2018 09:25

SirHumphreyAppleby:
eracode:

.... or, if JB won’t do that, the OP should open the packaging and check the new one for scratching while still in the shop.

I wouldn't do that in case problems became apparent after the protector was applied, as in the first instance. Checking in store would imply that the product was of an acceptable standard, and that you knew of any faults before accepting the product, invalidating any further claims under the CGA relating to that type of defect.

Possibly my comment and yours are moot points because the warranty words ‘ever gets worn or damaged’ are clear and unequivocal. Can’t be much argument by JB there.

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Rikkitic

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#2152088 30-Dec-2018 09:28

My two cents: warranties can be and are abused by some customers so I am not entirely without sympathy for the retailer, but issues like this do seem to pop up a lot more than they should. With our CGA it shouldn't have to be such a hassle to make a legitimate claim. Retailers need to live up to their legal responsibilities and quit trying to worm out of them all the time. It makes them look cheap and petty and unreliable. So much better to just offer a smile, heartfelt apology and immediate replacement. Your customers are customers, not criminals, and if you want to stay in business you need to start treating them more respectfully.

Plesse igmore amd axxept applogies in adbance fir anu typos

SirHumphreyAppleby

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#2152091 30-Dec-2018 09:44

eracode:
Possibly my comment and yours are moot points because the warranty words ‘ever gets worn or damaged’ are clear and unequivocal. Can’t be much argument by JB there.

I absolutely agree, however issues are not covered by the CGA if they are known at the time of purchase, which the retailer could reasonably claim if the product were inspected prior to acceptance. Damage would also not covered by the CGA unless the product can be shown to not be fit for purpose. If the manufacturer chooses to offer a warranty for damage, that's a separate matter from the retailer meeting their obligations. AFAIK, there is nothing in the CGA that compels retailers to handle such warranty claims.

In this case, it's clear. The product was either damaged or not fit for purpose, JB should replace it without question.

eracode

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#2152094 30-Dec-2018 09:45

Rikkitic:
My two cents: warranties can be and are abused by some customers so I am not entirely without sympathy for the retailer, but issues like this do seem to pop up a lot more than they should. With our CGA it shouldn't have to be such a hassle to make a legitimate claim. Retailers need to live up to their legal responsibilities and quit trying to worm out of them all the time. It makes them look cheap and petty and unreliable. So much better to just offer a smile, heartfelt apology and immediate replacement. Your customers are customers, not criminals, and if you want to stay in business you need to start treating them more respectfully.

Yes I was thinking this too - about having some sympathy for the retailer. The CGA is The Law and retailers have no choice but to comply - although some retailers still seem to think that they do have a choice.

But jeez they must hate the CGA. Taking this one $70 item as an example: the cost of the faffing around that JB would need to go through in connection with this claim would far outweigh the margin on the sale of the product.

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eracode

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#2152102 30-Dec-2018 09:58

@littleheaven Assuming you do go back to JB, would you mind letting us know how you get on?

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quickymart

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#2152107 30-Dec-2018 10:04

eracode: Taking this one $70 item as an example: the cost of the faffing around that JB would need to go through in connection with this claim would far outweigh the margin on the sale of the product.

My guess is this is probably why they fobbed the OP off to the manufacturer, it would be a lot of mucking around for them and far easier for JB (and cheaper) just to pass the buck and hope they don't ask them any questions.

Rikkitic

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#2152112 30-Dec-2018 10:10

Which is why people shouldn't accept that. They need to up their game.

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