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47 posts

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  Reply # 288664 10-Jan-2010 13:39
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CYaBro: And I also don't think they should be able to give us an Asus model that is much older, bigger and heavier than the HP we were expecting.




That's a very important point.  Many people are buying these things because of their compact size.  Size is one of the major ways the HP and ASUS ranges have evolved over time.  HN were offering a late-model, small-sized HP netbook at $288.  They are really obligated to offer the same thing (late model and similar sized) as a substitute or they do open themselves up to possible Commerce Commission action.




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  Reply # 288667 10-Jan-2010 13:45
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robbyp: I would be surpised if they are actually allowed to change the brand, if a similar model in that brand is readily avaliable. The only reason they should change the brand is if the brand has gone out of business or no similar model exists. The laws are their to protect customers.



robbyp, when do you intend taking HN on about this?  They have signalled fairly well that the machine they intend to offer us will be an ASUS of unspecified model.  I agree with you that they should offer the HP 1197 as it is the same computer aside from the software installed.  When do you intend to make your case, or are you holding out to see if it's the ASUS 1005 that they offer?

 
 
 
 


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  Reply # 288669 10-Jan-2010 13:54

Basically when I have the specs from HN. If the Asus is the 1005 and it looks to be a fair alternative then there maybe no need. However if it is going to be using the larger bulkier1000 model then I will be. The major concern is that HN hasn't disclosed the case model which is the concern.

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  Reply # 288670 10-Jan-2010 14:02
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andyj14:
robbyp: I would be surpised if they are actually allowed to change the brand, if a similar model in that brand is readily avaliable. The only reason they should change the brand is if the brand has gone out of business or no similar model exists. The laws are their to protect customers.



robbyp, when do you intend taking HN on about this?  They have signalled fairly well that the machine they intend to offer us will be an ASUS of unspecified model.  I agree with you that they should offer the HP 1197 as it is the same computer aside from the software installed.  When do you intend to make your case, or are you holding out to see if it's the ASUS 1005 that they offer?


Neither my brother nor I have heard from HN with respect to the units we purchased - we both paid in full and like robbyp and yourself I believe that we should be offered the HP1197 which seems to be the closest likeness if the original model cannot be supplied - as far as taking HN on I don't believe that doing so at this stage would be appropriate as no contact has yet been made and we were initially told that we would not hear anything until mid-January (approx 15th). Perhaps HN will suprise us and offer a better than expected product - it would be irrational to start 'taking HN on' before the facts are known but personally I will have no hesitation in contacting comcom and anyone else necessary if I don't believe that I am getting a fair deal. (which of course would be something which meets or betters all specifications of the original product, and which also can be readily serviced - and also a model for which accessories such as new battery etc are readily available).

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  Reply # 288671 10-Jan-2010 14:03
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robbyp: Basically when I have the specs from HN. If the Asus is the 1005 and it looks to be a fair alternative then there maybe no need. However if it is going to be using the larger bulkier1000 model then I will be. The major concern is that HN hasn't disclosed the case model which is the concern.


+1.  I have no problem with ASUS in general, but if it is going to be an older, bulkier, heavier model then I will also be upset.  If they were to compensate for the size with, say, a 6-cell battery then I would also be happy.  However, if it is a much larger version and same specs, I imagine there will be plenty of others in the same boat....

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  Reply # 288672 10-Jan-2010 14:07
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drajk:
andyj14:
robbyp: I would be surpised if they are actually allowed to change the brand, if a similar model in that brand is readily avaliable. The only reason they should change the brand is if the brand has gone out of business or no similar model exists. The laws are their to protect customers.



robbyp, when do you intend taking HN on about this?  They have signalled fairly well that the machine they intend to offer us will be an ASUS of unspecified model.  I agree with you that they should offer the HP 1197 as it is the same computer aside from the software installed.  When do you intend to make your case, or are you holding out to see if it's the ASUS 1005 that they offer?


Neither my brother nor I have heard from HN with respect to the units we purchased - we both paid in full and like robbyp and yourself I believe that we should be offered the HP1197 which seems to be the closest likeness if the original model cannot be supplied - as far as taking HN on I don't believe that doing so at this stage would be appropriate as no contact has yet been made and we were initially told that we would not hear anything until mid-January (approx 15th). Perhaps HN will suprise us and offer a better than expected product - it would be irrational to start 'taking HN on' before the facts are known but personally I will have no hesitation in contacting comcom and anyone else necessary if I don't believe that I am getting a fair deal. (which of course would be something which meets or betters all specifications of the original product, and which also can be readily serviced - and also a model for which accessories such as new battery etc are readily available).


I get the feeling they are trying to match it this closly so that those who got the original HP's dont feel hard done by and complain themselves.  If waiting 1 month means getting Windows 7 instead of XP, many of the 1111 purchasers may feel ripped off.  Just my guess though, not based on any facts.  Anyone here who got the 1111 that would feel ripped off if us with backorders/rainchecks got the 1197?

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  Reply # 288676 10-Jan-2010 14:24
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Paulthagerous: I get the feeling they are trying to match it this closly so that those who got the original HP's dont feel hard done by and complain themselves.  If waiting 1 month means getting Windows 7 instead of XP, many of the 1111 purchasers may feel ripped off.  Just my guess though, not based on any facts.  Anyone here who got the 1111 that would feel ripped off if us with backorders/rainchecks got the 1197?


But haven't they already stuffed things up by offering an Asus (of indeterminate model) rather than an HP anyway?

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  Reply # 288682 10-Jan-2010 15:01
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drajk: as far as taking HN on I don't believe that doing so at this stage would be appropriate as no contact has yet been made and we were initially told that we would not hear anything until mid-January (approx 15th). Perhaps HN will suprise us and offer a better than expected product - it would be irrational to start 'taking HN on' before the facts are known but personally I will have no hesitation in contacting comcom and anyone else necessary if I don't believe that I am getting a fair deal.



No, it wouldn't be "irrational" on robbyp's part at all.  Earlier in the thread his original position was that he has a contract with HN for a HP machine, and felt he was within his rights to request/demand the HP1197 be supplied as the closest machine to the HP1111.  Had that still been his position, and in light of HN's announcement to everyone contacted so far that the raincheck offer will be an ASUS, it makes no sense to wait until the 15th or the end of the month to make his feelings known.  If an HP equivalent or similar had been the only compromise acceptable to him, waiting around is only going to make that HP a few weeks older when he gets it, nothing else.

That's why I asked him where he stood on the matter now.  He's indicated that his original position has softened a little in light of the favourable looking specifications for the ASUS1005.  He's willing to accept the 1005, if that's what HN intend to supply.  If his position on "HP or nothing" hadn't softened, he might as well be into his branch right now as all the HP1197 is already instore getting older and not at his place getting used.

:)

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  Reply # 288692 10-Jan-2010 15:52
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tons:
Paulthagerous: I get the feeling they are trying to match it this closly so that those who got the original HP's dont feel hard done by and complain themselves.  If waiting 1 month means getting Windows 7 instead of XP, many of the 1111 purchasers may feel ripped off.  Just my guess though, not based on any facts.  Anyone here who got the 1111 that would feel ripped off if us with backorders/rainchecks got the 1197?


But haven't they already stuffed things up by offering an Asus (of indeterminate model) rather than an HP anyway?


Well, they stuffed up by not stopping their advertising or saying "limited stocks".....

Anyway, if HP cant/wont help they may think this is the best option

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  Reply # 288693 10-Jan-2010 15:59
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andyj14:
drajk: as far as taking HN on I don't believe that doing so at this stage would be appropriate as no contact has yet been made and we were initially told that we would not hear anything until mid-January (approx 15th). Perhaps HN will suprise us and offer a better than expected product - it would be irrational to start 'taking HN on' before the facts are known but personally I will have no hesitation in contacting comcom and anyone else necessary if I don't believe that I am getting a fair deal.


No, it wouldn't be "irrational" on robbyp's part at all.  Earlier in the thread his original position was that he has a contract with HN for a HP machine, and felt he was within his rights to request/demand the HP1197 be supplied as the closest machine to the HP1111.  Had that still been his position, and in light of HN's announcement to everyone contacted so far that the raincheck offer will be an ASUS, it makes no sense to wait until the 15th or the end of the month to make his feelings known.  If an HP equivalent or similar had been the only compromise acceptable to him, waiting around is only going to make that HP a few weeks older when he gets it, nothing else.

That's why I asked him where he stood on the matter now.  He's indicated that his original position has softened a little in light of the favourable looking specifications for the ASUS1005.  He's willing to accept the 1005, if that's what HN intend to supply.  If his position on "HP or nothing" hadn't softened, he might as well be into his branch right now as all the HP1197 is already instore getting older and not at his place getting used.

:)


I wasn't trying to imply that it would necessarily be irrational for robbyp to take them on at this stage, I was merely explaining how I felt about my own position.

I have not been contacted by HN since making payment at the time of order. (and neither has my brother who also paid in full). Perhaps there is a reason why some people have been contacted and not others - who knows?

I don't believe that thirdhand information about what other customers have been told constitutes communication from HN to myself and so I cannot assume what HN will offer me or my brother. It is likely that HN do read GZ etc however and it is somewhat disappointing that given the level of interest they have not given official clarification. 

The only thing I was clearly told at the time was that I would not hear anything until January 15th so at this point HN haven't done anything significantly contrary to what I should expect from them so I believe it would be foolhardy for me to take them on at this point on the basis of possibly incorrect information from others. Who knows how well informed the stores are at present? Perhaps I will be offered one of the original models which they may have obtained from elsewhere or perhaps I will be offered something which I conclude is superior in all major respects - at this point obviously I don't know.

As I have stated previously I believe that if the original model cannot be sourced then the equivalent Windows7 model is the closest match - they will have to offer me something significantly superior if they plan to try to get me to accept a different brand or a custom unit. One potential problem with a custom unit would be warranty/service overseas while travelling and it would also be important to know that replacement batteries etc were available.

Personally I will wait a little bit longer - probably even until the 22nd i.e. one week after they suggested they would be in touch - before I start making any approaches with respect to this matter - I don't believe that the Disputes Tribunal or ultimately the ComCom will look upon HN kindly if they have undue delays or don't address the issues appropriately - I also however don't believe that my position would be strengthened by going off 'bull at a gate' when the revelant facts are not yet know and the stated deadlines haven't passed.


D.W

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  Reply # 288695 10-Jan-2010 16:05
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again from the FTA:

"A retailer can offer you a 'raincheck'. This means the shop will get more of the product they ran out of or a product of similar quality and value and sell it to you at the special advertised price."

if you're not happy with the Asus, and won't accept a refund, you're going to have to go to the Disputes Tribunal to prove the Asus model doesn't fit the above. Seems like a waste of time and money to me, and would be a lot better off simply getting your money back if you're not happy with the Asus.

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  Reply # 288696 10-Jan-2010 16:11
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5loth: again from the FTA:

"A retailer can offer you a 'raincheck'. This means the shop will get more of the product they ran out of or a product of similar quality and value and sell it to you at the special advertised price."

if you're not happy with the Asus, and won't accept a refund, you're going to have to go to the Disputes Tribunal to prove the Asus model doesn't fit the above. Seems like a waste of time and money to me, and would be a lot better off simply getting your money back if you're not happy with the Asus.


My reciept says "backorder", which is a different term to "raincheck".  A backorder is more widely accepted to require the same model, or a higher one of the same brand.  Generally there is not as much flexibility for swapping brands when the same brand is available.

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  Reply # 288706 10-Jan-2010 16:38
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Paulthagerous:
5loth: again from the FTA:

"A retailer can offer you a 'raincheck'. This means the shop will get more of the product they ran out of or a product of similar quality and value and sell it to you at the special advertised price."

if you're not happy with the Asus, and won't accept a refund, you're going to have to go to the Disputes Tribunal to prove the Asus model doesn't fit the above. Seems like a waste of time and money to me, and would be a lot better off simply getting your money back if you're not happy with the Asus.


My reciept says "backorder", which is a different term to "raincheck".  A backorder is more widely accepted to require the same model, or a higher one of the same brand.  Generally there is not as much flexibility for swapping brands when the same brand is available.


And so does mine and (unlike apparently in some other cases) there has not been any mention of an alternative brand or substitute.

D.W

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  Reply # 288711 10-Jan-2010 16:58
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I would say the are the same thing.

Given the FTA only specifies for the term Rain Check, and you have done exactly what a rain check involves, if you went to the DT the Rain Check rules would apply.

Unless you can show me the laws involving a 'back order'?

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  Reply # 288717 10-Jan-2010 17:29
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5loth: I would say the are the same thing.

Given the FTA only specifies for the term Rain Check, and you have done exactly what a rain check involves, if you went to the DT the Rain Check rules would apply.

Unless you can show me the laws involving a 'back order'?


I would say they are two different things:

A rain check is used when something is on sale but is out of stock when you go in to buy one.
The store can then follow the FTA and supply another product of similar quality and value if they are unable to get more of the original sale item.

An item that is put on back order can apply to any item, on sale or not.
You have placed an order for a specific item that was out of stock and the store has given you a receipt/invoice stating that item and they have ordered another one for you.





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