Consumer Guarantees Act

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SpookyAwol

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#318653 8-Feb-2025 09:40

Has anyone been through the process to obtain reasonable costs due to failure of goods?

www.consumer.org.nz

Specifically "In addition to these rights, consumers may also claim for any reasonably foreseeable extra loss that results from the initial problem"

The short version, is some residential equipment is faulty, the supplier is overseas based (but selling in NZ) and was installed by a preferred nz contractor.
Its a couple of years into use and has failed. Replacement parts are required and the supplier has so far taken 4 months to 'try' and organize a repair through another preferred service agent

The guarantee is still the obligation of the original contractor I believe, but I dont wish to target them as the delay and fault is not theirs.

The communication has been abysmal

If so, any pointers or links? (more specifically - how to claim)

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Networkn
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#3340430 8-Feb-2025 10:21

Firstly, have you escalated to management ? Secondly, have you asked them to compensate you?

If a freezer had a fault, you can claim from the manafacturer the loss of items inside it. I've done this twice.

sir1963

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#3340435 8-Feb-2025 10:56

4 months is not reasonable.

Ask for a replacement or your money back.

eracode

Smpl Mnmlst
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#3340506 8-Feb-2025 12:14

Different appliances can have differing periods for which the CGA may apply. I guess most ‘residential equipment’ would still be covered after two years but it would be helpful to know what this equipment is.

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SpookyAwol

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#3340526 8-Feb-2025 13:29

Theres no debate its covered and already accepted, just exploring reasonable loss / expenses which are up for discussion due to delays, lack of action, almost zero communication

eracode

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#3340536 8-Feb-2025 14:20

SpookyAwol:

Theres no debate its covered and already accepted, just exploring reasonable loss / expenses which are up for discussion due to delays, lack of action, almost zero communication

OK - but that wasn’t mentioned or even implied in your OP.

Sometimes I just sit and think. Other times I just sit.

networkn

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#3340541 8-Feb-2025 14:35

SpookyAwol:

Theres no debate its covered and already accepted, just exploring reasonable loss / expenses which are up for discussion due to delays, lack of action, almost zero communication

Do you have receipts for your out of pocket expenses?

You are more patient than me, but I guess it depends on how material the fault is.

I don't believe you'll get punitive damages, only those as a direct result of the fault.

SpookyAwol

626 posts

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#3340560 8-Feb-2025 15:44

networkn:

SpookyAwol:

Theres no debate its covered and already accepted, just exploring reasonable loss / expenses which are up for discussion due to delays, lack of action, almost zero communication

Do you have receipts for your out of pocket expenses?

You are more patient than me, but I guess it depends on how material the fault is.

I don't believe you'll get punitive damages, only those as a direct result of the fault.

Yes, and its definitely the case. Its just where to.
It can be done as per the law, but how - I assume its a request to the company else small claims court ?

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jonathan18

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#3340582 8-Feb-2025 17:53

SpookyAwol:

It can be done as per the law, but how - I assume its a request to the company else ~~small claims court~~.

Disputes Tribunal. (Name change from Small Claims Tribunal to Disputes Tribunal happened in 1988!)

eracode

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#3340587 8-Feb-2025 18:41

@SpookyAwol You’re looking for specific and meaningful advice on how to proceed but it’s hard to comment unless more info is given on the equipment involved and the amounts you’re talking about.

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Handle9

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#3340655 8-Feb-2025 20:38

As a consumer you have the choice of pursuing a claim from either the retailer or importer/manufacturer of the goods. The process is essentially the same regardless of who you pursue.

In the case of an importer to have any real chance of recovery you need to pursue the New Zealand legal entity which imported the goods. If they are drop shipping its going to be much harder.

The first step is to contact the importer and tell them you are pursuing compensation under the CGA. You can explain it verbally but make sure you follow up in writing. Make it very straightforward and try to avoid emotional language or escalation. Make it clear that you are choosing to seek compensation from the importer, as you are entitled to do under the CGA.

If, or more likely when, they fob you off then respond again in writing explaining that you are pursuing your rights under the CGA and that you will escalate to the disputes tribunal. Ask for an address for service and a contact person. If they continue to obfuscate then you file a case with the disputes tribunal.

If necessary you go to a hearing and put your case to an adjudicator.

Handle9

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#3340656 8-Feb-2025 20:47

network:

I don't believe you'll get punitive damages, only those as a direct result of the fault.

You can only claim for actual losses. You don’t necessarily need receipts but you need to be able to demonstrate and quantify anything you claim for.

raytaylor

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#3340742 9-Feb-2025 11:49

The contractor-installer wont be liable as you are not their customer - you paid the seller.
The seller is the contractor's customer.

The next step is to file in the disputes tribunal

Its a lesson in making sure you buy from local reputable companies based in NZ when making high value purchases.

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SpookyAwol

626 posts

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#3340759 9-Feb-2025 12:35

raytaylor:

The contractor-installer wont be liable as you are not their customer - you paid the seller.
The seller is the contractor's customer.

The next step is to file in the disputes tribunal

Its a lesson in making sure you buy from local reputable companies based in NZ when making high value purchases.

Theres certainly no lesson to be learnt from here, both are reputable. The resolution process is certainly not desirable, but when (if) it is complete, then I need to explore the options for compensation.
Obviously I dont want to get into specifics in a public forum while that happens, so apologies for being vague

eracode

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#3340767 9-Feb-2025 13:09

raytaylor:

The contractor-installer wont be liable as you are not their customer - you paid the seller.
The seller is the contractor's customer.

The next step is to file in the disputes tribunal

Its a lesson in making sure you buy from local reputable companies based in NZ when making high value purchases.

Overall I agree with you - but we don't know that it was a high-value purchase because the OP has given little detail.

Sometimes I just sit and think. Other times I just sit.

Reanalyse

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#3370509 5-May-2025 11:31

SpookyAwol:

Has anyone been through the process to obtain reasonable costs due to failure of goods?

www.consumer.org.nz

Specifically "In addition to these rights, consumers may also claim for any reasonably foreseeable extra loss that results from the initial problem"

The short version, is some residential equipment is faulty, the supplier is overseas based (but selling in NZ) and was installed by a preferred nz contractor.
Its a couple of years into use and has failed. Replacement parts are required and the supplier has so far taken 4 months to 'try' and organize a repair through another preferred service agent

The guarantee is still the obligation of the original contractor I believe, but I dont wish to target them as the delay and fault is not theirs.

The communication has been abysmal

If so, any pointers or links? (more specifically - how to claim)

On a similar question, what happens when the goods are lost in transport and the supplying company has gone out of business.

My wife ordered some $160 worth of clothes from Ezibuy in October 2024 which never arrived.

Numerous calls and emails later got told "with the helpdesk, here is your ticket number", then Ezibuy vanishes along with our money. Looking at our options but they seem slim:

1) Chargeback on credit card - but more that 120 days since the original order so that seems to be no longer an option.

2) Disputes Tribunal - but will cost $59.00 and is against a company that no longer exists, and I think that even if we succeed we are still unsecured creditors and unlikely to get even $59.00 back.

Has anyone else been in this situation, and can suggest an approach to get a remedy ?

Thanks and Regards

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