Geekzone: technology news, blogs, forums
Guest
Welcome Guest.
You haven't logged in yet. If you don't have an account you can register now.




147 posts

Master Geek

Trusted

# 38073 23-Jul-2009 21:23
Send private message

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?




nOOb alert

View this topic in a long page with up to 500 replies per page Create new topic
 1 | 2 | 3
4332 posts

Uber Geek
+1 received by user: 94

Moderator
Trusted
Lifetime subscriber

  # 238438 23-Jul-2009 21:30
Send private message

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.

2584 posts

Uber Geek
+1 received by user: 5

Mod Emeritus
Trusted
Lifetime subscriber

  # 238551 24-Jul-2009 09:54
Send private message

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)







Media centre PC - Case Silverstone LC16M with 2 X 80mm AcoustiFan DustPROOF, MOBO Gigabyte MA785GT-UD3H, CPU AMD X2 240 under volted, RAM 4 Gig DDR3 1033, HDD 120Gig System/512Gig data, Tuners 2 X Hauppauge HVR-3000, 1 X HVR-2200, Video Palit GT 220, Sound Realtek 886A HD (onboard), Optical LiteOn DH-401S Blue-ray using TotalMedia Theatre Power Corsair VX Series, 450W ATX PSU OS Windows 7 x64

 
 
 
 


453 posts

Ultimate Geek
+1 received by user: 27


  # 238577 24-Jul-2009 11:21
Send private message

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.

2255 posts

Uber Geek
+1 received by user: 703

Subscriber

  # 238583 24-Jul-2009 11:47
Send private message

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.

1937 posts

Uber Geek
+1 received by user: 53
Inactive user


  # 238589 24-Jul-2009 12:12
Send private message

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.

2514 posts

Uber Geek
+1 received by user: 541
Inactive user


  # 238594 24-Jul-2009 12:26
Send private message

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.

8032 posts

Uber Geek
+1 received by user: 844

Subscriber

  # 238608 24-Jul-2009 13:16
Send private message

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


 
 
 
 


1937 posts

Uber Geek
+1 received by user: 53
Inactive user


  # 238626 24-Jul-2009 14:22
Send private message

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.

658 posts

Ultimate Geek
+1 received by user: 28


  # 238659 24-Jul-2009 15:36
Send private message

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

59 posts

Master Geek


  # 238751 24-Jul-2009 20:36
Send private message

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.


658 posts

Ultimate Geek
+1 received by user: 28


  # 238763 24-Jul-2009 21:26
Send private message

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)

658 posts

Ultimate Geek
+1 received by user: 28


  # 238767 24-Jul-2009 21:46
Send private message

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.

188 posts

Master Geek
+1 received by user: 9

Subscriber

  # 238787 24-Jul-2009 23:27
Send private message

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.



147 posts

Master Geek

Trusted

  # 238825 25-Jul-2009 08:33
Send private message

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.




nOOb alert

1937 posts

Uber Geek
+1 received by user: 53
Inactive user


  # 238892 25-Jul-2009 14:36
Send private message

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).

 1 | 2 | 3
View this topic in a long page with up to 500 replies per page Create new topic



Twitter and LinkedIn »



Follow us to receive Twitter updates when new discussions are posted in our forums:



Follow us to receive Twitter updates when news items and blogs are posted in our frontpage:



Follow us to receive Twitter updates when tech item prices are listed in our price comparison site:





News »

Anyone can broadcast with Kordia Pop Up TV
Posted 13-Jun-2019 10:51


Volvo and Uber present production vehicle ready for self-driving
Posted 13-Jun-2019 10:47


100,000 customers connected to fibre broadband network through Enable
Posted 13-Jun-2019 10:35


5G uptake even faster than expected
Posted 12-Jun-2019 10:01


Xbox showcases 60 anticipated games
Posted 10-Jun-2019 20:24


Trend Micro Turns Public Hotspots into Secure Networks with WiFi Protection for Mobile Devices
Posted 5-Jun-2019 13:24


Bold UK spinoff for beauty software company Flossie
Posted 2-Jun-2019 14:10


Amazon Introduces Echo Show 5
Posted 1-Jun-2019 15:32


Epson launches new 4K Pro-UHD projector technology
Posted 1-Jun-2019 15:26


Lenovo and Qualcomm unveil first 5G PC called Project Limitless
Posted 28-May-2019 20:23


Intel introduces new 10th Gen Intel Core Processors and Project Athena
Posted 28-May-2019 19:28


Orcon first to trial residential 10Gbps broadband
Posted 28-May-2019 11:20


Video game market in New Zealand passes half billion dollar mark
Posted 24-May-2019 16:15


WLG-X festival to celebrate creativity and innovation
Posted 22-May-2019 17:53


HPE to acquire supercomputing leader Cray
Posted 20-May-2019 11:07



Geekzone Live »

Try automatic live updates from Geekzone directly in your browser, without refreshing the page, with Geekzone Live now.


Support Geekzone »

Our community of supporters help make Geekzone possible. Click the button below to join them.

Support Geezone on PressPatron



Are you subscribed to our RSS feed? You can download the latest headlines and summaries from our stories directly to your computer or smartphone by using a feed reader.

Alternatively, you can receive a daily email with Geekzone updates.