Warranty for bundled Samsung tablet

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sudo

391 posts

Ultimate Geek

#281398 15-Feb-2021 20:23

How does the warranty work on devices (Samsung Galaxy tablet) that are bundled with a Samsung smartphone.

A few people are selling Samsung tablets, that they got free when they picked up a flagship model (still sealed in box etc)

I'm looking at getting one, but not sure if you need a proof of purchase if you need service. Would you have to supply the original invoice of the handset?

Fred99

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#2657382 16-Feb-2021 11:03

The warranty (and CGA) doesn't really work.

Once onsold, they're "second hand goods", and the retailer (and Samsung) will have the original owner's full details logged against the serial # of the tablet.

The retailer (and Samsung's) CGA and warranty obligations are to the original buyer (unless they extended that under some transferrable warranty - very unlikely). There are possible exceptions (safety, serious design faults, recalls etc).

So you'd need the original buyer's cooperation to make a claim, and they would need to tell a "white lie". The original buyer who sold the tablet isn't obliged to the buyer under the CGA (unless they are "in trade" - thus not a "private seller"), but they're not allowed to defraud you. However if they did, then the chances of getting help from a fraudster probably isn't good.

On the more positive side of things, the "free" device is still covered to the original owner for repair, replacement, or refund at retail value - the retailer can't get out of that by claiming that the original buyer didn't pay anything for it - because of course they did. "Free with" is advertising/marketing speak.

Not a criticism of Samsung's "deals" like this - they can be extremely good value - if you want the "free" device.

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sudo

391 posts

Ultimate Geek

#2657416 16-Feb-2021 11:57

Yeah that's what I thought ... need to get an agreement with the seller to repair the device under their name. Probably won't work so well if they are from somewhere else (in another town etc)

quickymart

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#2657421 16-Feb-2021 12:00

I thought I read in Consumer some years ago that even gifts (when purchasing another appliance) were covered by the CGA.

So if purchase a new TV and a BluRay player is thrown in, if the player dies (but the TV is fine) I'm totally out of luck? Seems a bit unfair.

Paul1977

5007 posts

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#2657422 16-Feb-2021 12:01

I think you probably just need to factor in not having a warranty or CGA into the price you're willing to pay.

networkn

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#2657433 16-Feb-2021 12:23

@sudo I've helped people in that situation that have bought items from me in the past, but it is a real pain, and I can sort of see why someone wouldn't be keen in the first instance. You may have to consider incentivising them for their trouble.

tehgerbil

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#2657450 16-Feb-2021 12:51

Respectfully Fred99 you're wrong in that the CGA does 100% apply to 'freebie' or bundled items, provided at no additional cost to the consumer.

Freebies/bundled products are just as covered as the original item itself and you don't have to be the original purchaser.

I have been in Sudo's place lodging a claim not as the original purchaser and 'won' - well 2Degrees replaced the item after I lodged a Disputes Tribunal claim.

Fred99

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#2657495 16-Feb-2021 13:19

tehgerbil:

Respectfully Fred99 you're wrong in that the CGA does 100% apply to 'freebie' or bundled items, provided at no additional cost to the consumer.

Freebies/bundled products are just as covered as the original item itself and you don't have to be the original purchaser.

I have been in Sudo's place lodging a claim not as the original purchaser and 'won' - well 2Degrees replaced the item after I lodged a Disputes Tribunal claim.

I actually clearly stated that the CGA does apply to "bundled" items.

Getting a settlement after lodging a claim isn't the same as having the disputes tribunal rule in your favour. They may not have done so, the CGA doesn't apply - you had no contract with them. Probably no loss to 2 deg - they would have returned the (phone?) to the manufacturer for refund or replacement anyway.

Bung

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#2657530 16-Feb-2021 14:40

I have no idea whether it is necessary but Samsung provide for warranty transfer.

". This Warranty is transferable to a subsequent owner of a Samsung consumer product, in the event of the sale of that product, provided that Samsung is informed in writing within a reasonable time of the sale of the subsequent owner's name and contact details, such notice to be provided to Samsung as follows:

•www.samsung.com/nz - for customers in New Zealand.

The notice should identify the name of the previous owner of the Samsung consumer product, place and date of purchase, model, make and serial number of the product. The effective transfer of this Warranty does not otherwise alter the terms of this Warranty in any way.

B. In cases of authorised product or part replacement of the original purchased Samsung product, the replacement Samsung product or part will be covered for the remainder of the original Warranty Period."

tehgerbil

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#2657533 16-Feb-2021 14:42

Fred99:

tehgerbil:

Respectfully Fred99 you're wrong in that the CGA does 100% apply to 'freebie' or bundled items, provided at no additional cost to the consumer.

Freebies/bundled products are just as covered as the original item itself and you don't have to be the original purchaser.

I have been in Sudo's place lodging a claim not as the original purchaser and 'won' - well 2Degrees replaced the item after I lodged a Disputes Tribunal claim.

I actually clearly stated that the CGA does apply to "bundled" items.

Getting a settlement after lodging a claim isn't the same as having the disputes tribunal rule in your favour. They may not have done so, the CGA doesn't apply - you had no contract with them. Probably no loss to 2 deg - they would have returned the (phone?) to the manufacturer for refund or replacement anyway.

My apologies for not being clear. I disagree with your sentiment: "CGA doesn't apply - you had no contract with them." I ran the scenario in detail past CAB and a lawyer who confirmed the law was very much on my side. If you disagree so be it.

Fred99

13684 posts

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#2657677 16-Feb-2021 17:02

tehgerbil:
My apologies for not being clear. I disagree with your sentiment: "CGA doesn't apply - you had no contract with them." I ran the scenario in detail past CAB and a lawyer who confirmed the law was very much on my side. If you disagree so be it.

See reply from Bung above. You didn't have a contract with the retailer, but the contract the original owner had with Samsung includes that the warranty is transferable, subject to conditions. So the original buyer would have to notify Samsung of the sale.

That's not CGA - it's the manufacturer's warranty. They can offer more than required under CGA (and seem to be doing that in this case), but can't offer less. Anyway, it's good (IMO) that Samsung offer this.

SomeoneSomewhere

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#2657738 16-Feb-2021 18:39

The closest I can find is this:

Consumer guarantees do not apply if you:

[...]
buy products for resale or to use in a manufacturing process

I haven't resorted to reading the legislation yet.

This may indicate that it depends on whether the goods were purchased with the intent to resell, or just resold because they were no longer needed

Fred99

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#2657784 16-Feb-2021 20:17

SomeoneSomewhere:

This may indicate that it depends on whether the goods were purchased with the intent to resell, or just resold because they were no longer needed

Nope:

https://www.consumerprotection.govt.nz/general-help/consumer-laws/consumer-guarantees-act/

The CGA does not apply to:

commercial products — goods normally bought for business use, eg farm machinery, or work normally carried out for a business. This includes for resupply in trade or to produce, manufacture or repair other products in trade
money
buildings or parts of buildings attached to land for residential accommodation.
products donated by a charity for your benefit
private sales — when you buy from someone not in trade, eg private sellers online and garage sales
products bought by auction or competitive tender (including those bid for online) before 17 June 2014.

SomeoneSomewhere

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#2657788 16-Feb-2021 20:22

That means that the final buyer cannot use the CGA against the private (re)seller.

It does not necessarily mean that they can't claim against the original seller of the goods. The original seller (e.g. PB Tech) is not a private seller.

Fred99

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#2658025 17-Feb-2021 08:53

SomeoneSomewhere:

That means that the final buyer cannot use the CGA against the private (re)seller.

It does not necessarily mean that they can't claim against the original seller of the goods. The original seller (e.g. PB Tech) is not a private seller.

It actually does. There's a specific clause:

Nothing in this Act shall apply in any case where goods or services are supplied otherwise than in trade.

If you're not the consumer (as defined in the act - you bought from a seller "in trade") then the CGA doesn't apply.

1101

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#2658053 17-Feb-2021 09:25

Legal this , law that ......
If you need to take it to the disputes tribunal , who knows if they will rule in your favor .

In theory , Samsung should just be able to lookup the serial number & do a waranty claim based on s/n (age of device) regardless of who owns it at the time.
Thats ~in theory~ ........

Since you havnt bought it, just factor into the price the headaches you'll have trying to arrange any warranty claims .
Price it as used , even if its still in the sealed box.