Help me argue the CGA

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tchart

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#93086 14-Nov-2011 08:29

Guys,

After some help/advice, here ths situation;

Late last year bought a Vodafone 845 Android phone. A month or so back the screen goes on the fritz and everything is in green/purple (seems a common problem looking on the internets). I havent located the receipt just yet but happened to be at Noel Leeming yesterday to buy something else so I had them reprint my invoice. I explained the situation about the phone but they said it is 10 days outside the 1 year warranty - so tough luck basically. I know this is BS but...

As I wasnt at the store I purchased the phone from (different location) I didnt bother bringing the CGA up as I figured I would have better luck at the original store.

So, really Im after some advice links about how to argue my case with the store I purchased from.

Any help appreciated :)

For instance I am aware of this but am curious how to argue this for a good outcome...I bought a washing machine with a three-year warranty. One week after the warranty expired, the gearbox seized up. The shop says it's too bad. Is that right?No. Suppliers' warranties are in addition to those in the Act. If you have used your washing machine in a normal fashion, it should not have a major breakdown after just three years, so you may still have redress under the CGA. The dealer should repair the machine free of charge.

Many shops regard this as unfair - after all, you've had three years' good use out of the washer. But the fact is, you paid for a new machine and didn't expect after just three years to face major costs or end up with an inferior one.

If they refuse to accept this, you could have the machine repaired elsewhere and attempt to recover the cost from the dealer.

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#544965 14-Nov-2011 09:02

Basically, just tell them the consumer goods act requires items should last a reasonmable time, and that 375 days is not a reasonable length of time. therefore, you request that they repair or replace free of charge, or give you a refund. (their choice)

DonGould

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#544969 14-Nov-2011 09:15

tchart: Guys,

Late last year bought a Vodafone 845 Android phone. A month or so back the screen goes on the fritz and everything is in green/purple (seems a common problem looking on the internets). ... I explained the situation about the phone but they said it is 10 days outside the 1 year warranty - so tough luck basically.

...

Will be interesting to see what JohnR has to say, but it's kinda an interesting question.

You point out that it says on the net that it's common for these things today.

Vodafone say they only assure it will last for a year, after than it's just pot luck.

The 845, iirc was just the 'toe in the water smart phone'.

Should we be just looking at the warranty on these things and taking it as an indication of the actual phone life?

Are we heading into a world where it is reasonable that a $200 smart phone does only last 12 months?

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NonprayingMantis

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#544977 14-Nov-2011 09:23

DonGould:
tchart: Guys,

Late last year bought a Vodafone 845 Android phone. A month or so back the screen goes on the fritz and everything is in green/purple (seems a common problem looking on the internets). ... I explained the situation about the phone but they said it is 10 days outside the 1 year warranty - so tough luck basically.

...

Will be interesting to see what JohnR has to say, but it's kinda an interesting question.

You point out that it says on the net that it's common for these things today.

Vodafone say they only assure it will last for a year, after than it's just pot luck.

The 845, iirc was just the 'toe in the water smart phone'.

Should we be just looking at the warranty on these things and taking it as an indication of the actual phone life?

Are we heading into a world where it is reasonable that a $200 smart phone does only last 12 months?

Don’t really see what JohnR has to do with it. The phone was purchased from Noel Leeming, so they are the ones who have to comply with the CGA in this case.

tchart

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#545007 14-Nov-2011 09:54

Thanks for the advice guys.

Yes I would not expect 375 days to be adequate.

I dont think JohnR needs to weigh in but this is a Vodafone branded phone - Im more interested in what pointed out;

Are we heading into a world where it is reasonable that a $200 smart phone does only last 12 months?

I would expect that either NL or Vodafone or Huawei for that matter would stand by their products for more than 12 months...

tonyhughes

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#545015 14-Nov-2011 10:15

tchart: Thanks for the advice guys.

Yes I would not expect 375 days to be adequate.

I dont think JohnR needs to weigh in but this is a Vodafone branded phone - Im more interested in what pointed out;

Are we heading into a world where it is reasonable that a $200 smart phone does only last 12 months?

I would expect that either NL or Vodafone or Huawei for that matter would stand by their products for more than 12 months...

The retailer is the one who is responsible under the law in New Zealand.

The washing machine example above is perfect.

Any smart phone can reasonably be expected to last longer than 12 months before suffering a non-user-fault failure, regardless of its purchase price, or pecking order in the model lineup.

CGA clearly applies in this case, and if anyone, including the retailer tries to tell you otherwise, they would have rocks in their head.

If you + CGA = no joy with NL, then you + CGA + disputes tribunal = instant* win with NL.

* Win may not actually be instant, but 'swift' is likely.

tchart

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#545037 14-Nov-2011 10:51

Thanks Tony, I will report back when I head down to NL

codyc1515

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#545058 14-Nov-2011 11:19

Simple: ask to speak to the manager, they are usually quite "accommodating" (especially when the CGA comes up).

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tardtasticx

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#545130 14-Nov-2011 13:02

Remember to keep calm when doing this. I know from experience it can be VERY frustrating when things don't go your way and you're in the right. Just explain what the CGA says, tell him is options, say you want a response within say 10working days, if he doesn't do anything, write a formal letter to the store manager stating you will seek legal action with the disputes tribunal. That should make them hurry up and give some sort of response. Best of luck. :D

robbyp

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#545135 14-Nov-2011 13:05

If you do have problems, ask them to put their decision in writing with the reasons, as under act they are not allowed to mislead you or misrepresent your rights as a consumer. But I don't think you will have problems getting it fixed or replaced under the cga, unless it has been damaged.

Chainsaw

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#545190 14-Nov-2011 15:03

I just had this with my daughter's phone. A week out of a 1 year warranty. They wanted to charge $55 to send it away. I said no. They said, it's our policy. I said the CGA overrules your policy. We "discussed" this for a while going backwards and forwards, She went away to talk to someone, and came back and said, okay we'll send it away without the $55, but if they find rust etc (water damage) it's at our expense. Fine.

tchart

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#545196 14-Nov-2011 15:20

Chainsaw: I just had this with my daughter's phone. A week out of a 1 year warranty. They wanted to charge $55 to send it away. I said no. They said, it's our policy. I said the CGA overrules your policy. We "discussed" this for a while going backwards and forwards, She went away to talk to someone, and came back and said, okay we'll send it away without the $55, but if they find rust etc (water damage) it's at our expense. Fine.

Oh, now that is interesting! Same retailer?

Im always hesitant to pay this as I thinks its a rort. A year or so ago I lost $50 at DSE as they charged me to send off a misbehaving DVD player. Came back with "no fault found".

Anyway, this case isnt water damage so Im happy to pay the "deposit" to get it sorted.

tonyhughes

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#545220 14-Nov-2011 15:49

tardtasticx: Remember to keep calm when doing this. I know from experience it can be VERY frustrating when things don't go your way and you're in the right. Just explain what the CGA says, tell him is options, say you want a response within say 10working days, if he doesn't do anything, write a formal letter to the store manager stating you will seek legal action with the disputes tribunal. That should make them hurry up and give some sort of response. Best of luck. :D

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Chainsaw

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#545221 14-Nov-2011 15:52

tchart:
Oh, now that is interesting! Same retailer?

Im always hesitant to pay this as I thinks its a rort. A year or so ago I lost $50 at DSE as they charged me to send off a misbehaving DVD player. Came back with "no fault found".

Anyway, this case isnt water damage so Im happy to pay the "deposit" to get it sorted.

Noel Leeming in my case too.

jeffnz

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#545244 14-Nov-2011 16:28

I had dealings with NL a couple of years ago over an Ipod that was 9 months out of thier warranty and wanted to charge me x amount to send away. Basically the same as the phone it was an identified fault that I could prove so talked to manager at NL and when I stated it was covered by CGA he imediately said it was out of warranty to which i said that you can't contract out of the CGA which rocked him. Long story short I copied letter from Consumer site and sent it to NL head office, 3 days late I received the latest Ipod.

Moral, these people try and sell you extended warranties for products that are genearlly covered under CGA so they obviously don't understand the CGA or sdo but push thier luck.

Try the consuymer site its letters and your rights are clearly explained and if all else fails go to head office.

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catjones

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#545433 15-Nov-2011 06:03

tchart: Guys,

After some help/advice, here ths situation;

Late?last year bought a Vodafone 845 Android phone. A month or so back the screen goes on the fritz and everything is in green/purple (seems a common problem looking on the internets). I havent located the receipt just yet but happened to be at?Noel Leeming?yesterday?to buy something else so I had them reprint my invoice. I explained the situation about the phone but they said it is 10 days outside the 1 year warranty - so tough luck basically. I know this is BS but...

As I wasnt at the store I purchased the phone from (different location) I didnt bother bringing the CGA up as I figured I would have better luck at the original store.

So, really Im after some?advice links about how to argue my case with the store I purchased from.

Any help appreciated :)

For instance I am aware of this but am curious how to argue this for a good outcome...I?bought a washing machine with a three-year warranty. One week after the warranty expired, the gearbox seized up. The shop says it's too bad. Is that right?No. Suppliers' warranties are in addition to those in the Act. If you have used your washing machine in a normal fashion, it should not have a major breakdown after just three years, so you may still have redress under the CGA. The dealer should repair the machine free of charge.

Many shops regard this as unfair - after all, you've had three years' good use out of the washer. But the fact is, you paid for a new machine and didn't expect after just three years to face major costs or end up with an inferior one.

If they refuse to accept this, you could have the machine repaired elsewhere and attempt to recover the cost from the dealer.

?

I am just being the devil's advocate here, but can't NL argue that a 1 year warranty period is reasonable for a low-middle range mobile phone that costs 200 bucks?

If I were NL, I would take you to the tribunal, no harm anyway, since the other alternative is to repair your phone for free and replacing the screen sounds costly.

If I were you, I would talk to them about the CGA and see what they say. If they shake their heads, then I would get a quote on the cost of repairing the phone. If it costs less then going to the tribunal, I would just repair it. But if it costs more, then I would just go to the tribunal and give it a shot.

At the end of the day, it is just a 200 dollar phone.

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