Consumer Guarantees Act - returning to manufacturer vs retailer

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NickiB

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# 38073 23-Jul-2009 21:23

After having trouble returning my obviously faulty freeview STB, I was browsing NZ Herald online when this article caught my eye:

Putting it right - the Consumer Guarantees Act

In particular, Tanya Thomson states that a common mistake for businesses to avoid is:

"Retailers telling customers they have to contact the manufacturer about product defects. In some cases customers may choose to go to the manufacturer for a remedy, but most customers want a remedy from the place they bought faulty goods and they are entitled to go to the retailer even if the defect originated with the manufacturer."

I was trying to do the reverse - return to the manufacturer over the retailer. In refusing to deal with my issue, have JCMatthew/Morning Star/whatever-other-name-they-go by breached the Act? Can I insist on returning the STB direct to the manufacturer or can they insist I go through the retailer? Anyone know/had experience on this?

It's too late for the STB, I've sent it back to 1-day, but I'm wondering for future reference if I can demand remedy from the manufacturer over the retailer. What does 'in some cases' mean?

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# 238438 23-Jul-2009 21:30

As long as you are not going to the manufacturer trying to get a refund, then I cannot see why not?

Generally speaking, you would only goto the manufacturer for problems over faulty units, repairs or spare parts.

Nety

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# 238551 24-Jul-2009 09:54

I have just been though this with my Sony rear pro TV which developed a fault. I went direct to Sony and at no point did they try and send me back to Harvey Norman where I purchased the TV from.
I am not sure if I would have been better off going to Harvey Norman or not. I did get a satifactory outcome from Sony in the end even if it was not quite handled how I would have preferred.

However this was a hardware failure due to a design flaw rather then wanting to exchange or something (although I did finish up with a different TV)

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Byrned

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# 238577 24-Jul-2009 11:21

From what I remember of the CGA is that it is between the consumer and the retailer. The manufacturer has no obligations under it. However they do have obligations under the Fair Trading Act, which is why they will mostly be helpful.

lxsw20

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# 238583 24-Jul-2009 11:47

With HP consumer stuff, the usual turn around time for repairs is 3 days. You are much quicker to contact the manufacturer direct than take it back to the retailer in this case. As the retailer may hang on to the goods for a few days until they have enough to bother going to the repair center or recive the courier tickets to send it to the repair center.

ahmad

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# 238589 24-Jul-2009 12:12

As an Xbox owner, I have a lot of experience with the issues of the CGA and retailer/manufacturer.

OP you are complaining that the manufacturer is referring you to the retailer, but the usual situation is the reverse.

With the Xbox, pretty much all retailers will now refer to straight to Microsoft, because that is what they have chosen to do. This is probably not entirely illegal, but I personally feel it is not in the spirit of the legislation.

The problem is that consumers "bend over" to the wishes of the manufacturer, and then BANG! You end up being told you have no recourse through the retailer (which is incorrect under the CGA).

You have a right to try to get remedy via the manufacturer, but if your retailer (1-day) is there to help you then why not? It is far better to utilise the law that protects consumers by putting the onus of repairs on the retailer, and long may it stay that way.

If we all bend over, then it will become much more like overseas where consumers have relatively fewer rights than we do here.

dickytim

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# 238594 24-Jul-2009 12:26

what you must be careful of is that the retailer, in this case 1-Day hasn't parallel imported as you may send it back to the local importer who will not repair ti/replace it and it will cost you 2 lots of courier.

Personally I would send it back to 1-day as their returns policy and service is beyond excellent, in my experience anyway.

old3eyes

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# 238608 24-Jul-2009 13:16

A complication these days is when you buy online in NZ. If it goes faulty who do you send it back to. I had the case several months ago buying a clock/fone/radio from Aquire in Auckland. It was DOA . contacted them quoting the order number and they suggested sending it back to Atlasgentec their supplier. which I did and they returned a new one in a day or two but say it had been a camcorder or the like. One of the reason that I don't like in NZ buying large ticket items online. Will they honor the warranty in 6 months time if the item dies..

Regards,

Old3eyes

ahmad

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# 238626 24-Jul-2009 14:22

old3eyes: A complication these days is when you buy online in NZ. If it goes faulty who do you send it back to. I had the case several months ago buying a clock/fone/radio from Aquire in Auckland. It was DOA . contacted them quoting the order number and they suggested sending it back to Atlasgentec their supplier. which I did and they returned a new one in a day or two but say it had been a camcorder or the like. One of the reason that I don't like in NZ buying large ticket items online. Will they honor the warranty in 6 months time if the item dies..

That's what the CGA is for. Your rights for remedy under law ultimately lie with the retailer (ie. the online store), not the manufacturer.

If we all accept a move towards dealing direct with manufacturers, it won't be long before this is the norm and then we will be complaining more than the OP.

zaptor

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# 238659 24-Jul-2009 15:36

The CGA only applies to the transaction between the consumer and the retailer - not the manufacturer (they have no legal obligation to the consumer).

Having said that, a few of points to ponder:-
* Big brand manufacturers usually stand behind their products (eventually), so bypassing the retailer and dealing directly with them is sometimes the better option
* No-name brands are often more affordable, but you're at the mercy of the retailer - so choose wisely
* You could try the distributor - if the manufacturer has no local presence; but distributors often don't like to deal with Joe Public and are under no legal obligation to do so

Marmion

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# 238751 24-Jul-2009 20:36

From the Ministry of Consumer Affairs website:

"Rights and remedies
Rights if goods are faulty
The Act requires the retailer who supplied the goods to sort out any problems. This means a retailer can not tell you to take the problem to the manufacturer.

You can choose whether to seek a remedy for the problem from the trader or the manufacturer."

Source: http://www.consumeraffairs.govt.nz/consumerinfo/cga/faultygoods.html

Manufacturers can NOT contract out of their responsibilites under the Act, no matter what their warranty/guarantee states.
It is often easier to deal with the retailer as they will often be able to replace the goods at the time of complaint, although it is entirely up to them as to the repair/replacement/refund, and will generally depend on the value of the good as well.
Note the Act does not apply to auctions or business products (and a few other exceptions).

I would only deal directly with the manufacturer if:
a) the retailer is being difficult or,
b) the product is out of warranty

The manufacturer of the product will eventually foot the bill for repair/replacement, so there is no reason why they should tell you to go to your retailer.

zaptor

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# 238763 24-Jul-2009 21:26

Marmion:
You can choose whether to seek a remedy for the problem from the trader or the manufacturer.

Yes, indeed you can. My apologies.

I think I got that impression because the Disputes Tribunal currently only has provision between the consumer and the reseller/"trader".

Although you can go to the manufacturer or importer (as stated by the CGA), I'm not sure exactly what you can do if they simply tell you to go away. Hire a lawyer? (defeats the purpose of the CGA in the first place)

zaptor

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# 238767 24-Jul-2009 21:46

Marmion:

I would only deal directly with the manufacturer if:
a) the retailer is being difficult or,
b) the product is out of warranty

The manufacturer of the product will eventually foot the bill for repair/replacement, so there is no reason why they should tell you to go to your retailer.

Point a) - definitely the backup plan.

Point b) can be a grey area.

A few manufacturers will usually foot the bill. But not all manufacturers are the same.

savag3

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# 238787 24-Jul-2009 23:27

You can go to either the retailer or the manufacturer (or their representative in NZ). If it was parallel imported you can go to the importer or the retailer. If the retailer or manufacturer says that they aren't liable they are probably breaching the Fair Trading Act which make it an offence to mislead a consumer as to their legal rights.

NickiB

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# 238825 25-Jul-2009 08:33

Thanks everyone, for the discussion. Looks like we have a consensus, I could have insisted the manufacturer (importer?) took the box back and sort it for me.

Nothing against 1-day, they've been great so far, but it would just make so much more sense to do a straight swap with JC Matthew when they know about this issue and my STB is clearly a dud. The girl on the phone was useless though, trying to tell me that I needed to check my aerial and check my address on the freeview site etc. The issue occurred as soon as I updated the firmware, before I even tuned in the channels! I hope 1-day get it sorted for me quickly anyway. It actually seems to be a great STB, when it works.

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ahmad

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# 238892 25-Jul-2009 14:36

NickiB: Thanks everyone, for the discussion. Looks like we have a consensus, I could have insisted the manufacturer (importer?) took the box back and sort it for me.

Consensus?

I would hardly call this a consensus. Of course you can ask, but under the CGA the ultimate obligation lies in the retailers hands, as quite a few have already alluded to in this very thread!

zaptor: The CGA only applies to the transaction between the consumer and the retailer - not the manufacturer (they have no legal obligation to the consumer).

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