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  Reply # 1240968 17-Feb-2015 16:12
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Have sent a couple of messages back and forth. Good customer service there. I am on my phone so going to copy and paste. Apologies if this comes out like a massive wall of text. It looks like they aren't budging...

Good afternoon,
 
Thanks for your reply. I have followed up with our Merchandising team who have advised that for the PS4 there is 1 year warranty during which period The Warehouse will arrange for assessment and repair of faults. Outside of this period customers need to contact Playstation support on 09 801 1235, there is a $315 charge for this service offered by Playstation.
 
Should you have any further enquiries please do not hesitate to contact us on 0800 422274 quoting reference number in the subject line during the hours of 8am ? 6pm Monday to Friday and 9am - 4pm Saturday and Sunday.
                                      
Kind regards,

Banana?
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  Reply # 1240972 17-Feb-2015 16:22
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Not good enough.

For the price of the PS4, a fault like that should not happen within that time frame.

Reply to them advising them that you do not accep that explanation, and that under the CGA, you want them to remedy, byr repairing, replacing or refunding (at their discretion).

Have a look at this: http://www.jbhifi.co.nz/images/2014/jb-nz-20141113-consumer-guarantees.pdf 

JB Hi-Fi's policy (published on their web site) says that for a device costing > $500, they, or the manufacturer will determine, at no cost to the customer, the fault, and if it is not of the Customer's making, it will be repaired. For TWO YEARS, irrespective of manufacturers warranty.


I want to know how this goes with The Warehouse, they should know better, being far and away the country's biggest retailer.

 
 
 
 


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  Reply # 1241002 17-Feb-2015 17:49
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Some relevant parts of act:

"Where goods are supplied to a consumer there is a guarantee that the goods are of acceptable quality."
"goods are of acceptable quality if they are as—
(a)fit for all the purposes for which goods of the type in question are commonly supplied"

As the PS4 ejects discs they do not meet the guarantee: 'Guarantee as to acceptable quality'. Therefore you should qualify for right of redress against the supplier as the goods fail to comply with one or more of the guarantees.

"Where a consumer has a right of redress against the supplier... the consumer may exercise the following remedies."
"Where the failure can be remedied, the consumer may—

 

     

  • (a)require the supplier to remedy the failure within a reasonable time"
Note the word require above.

" (b) where a supplier who has been required to remedy a failure refuses or neglects to do so, or does not succeed in doing so within a reasonable time,—

 

     

  • (i)have the failure remedied elsewhere and obtain from the supplier all reasonable costs incurred in having the failure remedied; or

     

  • (ii)subject to section 20, reject the goods in accordance with section 22."
If in your messages you mentioned you wanted to make the claim under the CGA you should qualify for part (b) as they refused to help you. Part (b) basically means you can choose between a refund (cash)/replacement/repair at their cost instead of them choosing one of those options.

The CGA applies for a 'reasonable time' to goods (dependent on the type of goods etc) and for a console like this you could probably argue all the way to five years. Past five would be pushing it a little.

If they really don't help you then you'll have to either go to media (fair go etc.) or disputes tribunal, but unless you've damaged it then 100% you would win at disputes tribunal.



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  Reply # 1241127 17-Feb-2015 21:25
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trig42: Not good enough.

For the price of the PS4, a fault like that should not happen within that time frame.

Reply to them advising them that you do not accep that explanation, and that under the CGA, you want them to remedy, byr repairing, replacing or refunding (at their discretion).

Have a look at this: http://www.jbhifi.co.nz/images/2014/jb-nz-20141113-consumer-guarantees.pdf 

JB Hi-Fi's policy (published on their web site) says that for a device costing > $500, they, or the manufacturer will determine, at no cost to the customer, the fault, and if it is not of the Customer's making, it will be repaired. For TWO YEARS, irrespective of manufacturers warranty.


I want to know how this goes with The Warehouse, they should know better, being far and away the country's biggest retailer.


Thanks for that.

Absolutely it shouldn't happen in this time frame. Hey look I hold my hands up I should of taken it in 6 months after I bought it when problems started, however that isn't the point.

That is nice to know JB-Hifi seem to have a better policy regarding the CGA, however you would think the Warehouse would have this policy also, obviously not.

Yep I will be posting all updates here.



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  Reply # 1241146 17-Feb-2015 21:32
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Xeon: Some relevant parts of act:

"Where goods are supplied to a consumer there is a guarantee that the goods are of acceptable quality."
"goods are of acceptable quality if they are as—
(a)fit for all the purposes for which goods of the type in question are commonly supplied"

As the PS4 ejects discs they do not meet the guarantee: 'Guarantee as to acceptable quality'. Therefore you should qualify for right of redress against the supplier as the goods fail to comply with one or more of the guarantees.

"Where a consumer has a right of redress against the supplier... the consumer may exercise the following remedies."
"Where the failure can be remedied, the consumer may—

 

     

  • (a)require the supplier to remedy the failure within a reasonable time"
Note the word require above.

" (b) where a supplier who has been required to remedy a failure refuses or neglects to do so, or does not succeed in doing so within a reasonable time,—

 

     

  • (i)have the failure remedied elsewhere and obtain from the supplier all reasonable costs incurred in having the failure remedied; or

     

  • (ii)subject to section 20, reject the goods in accordance with section 22."
If in your messages you mentioned you wanted to make the claim under the CGA you should qualify for part (b) as they refused to help you. Part (b) basically means you can choose between a refund (cash)/replacement/repair at their cost instead of them choosing one of those options.

The CGA applies for a 'reasonable time' to goods (dependent on the type of goods etc) and for a console like this you could probably argue all the way to five years. Past five would be pushing it a little.

If they really don't help you then you'll have to either go to media (fair go etc.) or disputes tribunal, but unless you've damaged it then 100% you would win at disputes tribunal.


Thank you for all the information. It gets a bit confusing for me, but I seem to understand it :)

I mentioned that I should be covered under the CGA yes, however the Warehouse doesn't seem to want to accept that.

100% I haven't damaged it. I look after all my electronics. My 2 and a half year old laptop still has the plastic wrap around the screen and on my PS4 controller there is still plastic over the directional controls + shape buttons.

I think tomorrow I will get in touch with Sony and see what they say. For all I know they might say that's no worries we can do this for you at no charge, which is what I would expect.

Thanks everyone!



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  Reply # 1241166 17-Feb-2015 22:43
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Also its illegal to misrepresent your rights under the CGA or the Fair trading one, so they have broken that as well.

If sony are not good then I would send a letter to the warehouse, tracked so you have proof of delivery stating that the console isnt fit for playing disk based games on, that its a reassonable life to expect from one and that you would like them to resolve the problem.

No joy? File at disputes.




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  Reply # 1241173 17-Feb-2015 22:52
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Finch: I mentioned that I should be covered under the CGA yes, however the Warehouse doesn't seem to want to accept that.


They don't have to accept anything. It's the law, they have to do it. And because they're the retailers THEY have to deal with Sony, not you.

And as mentioned, trying to get out of it is illegal. Take them to Disputes Tribunal and be done with it.





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  Reply # 1241180 17-Feb-2015 23:12
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This may have been covered somewhere else previously, but can anyone confirm the legal position, in terms of the CGA, regarding a retailer wanting to charge a customer to assess a fault?

I'm curious to know, either while a product is within warranty period, or out of warranty but still covered under the CGA.

Also, does anyone else think $315 to assess a PS4 is excessive?

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  Reply # 1241182 17-Feb-2015 23:19
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spudster: This may have been covered somewhere else previously, but can anyone confirm the legal position, in terms of the CGA, regarding a retailer wanting to charge a customer to assess a fault?

I'm curious to know, either while a product is within warranty period, or out of warranty but still covered under the CGA.

Also, does anyone else think $315 to assess a PS4 is excessive?


I believe basically if it's an in warranty claim or out of warranty claim they can charge.
If it's a claim under the CGA then they cannot charge but you can only claim under the CGA if their is definitely a fault/other guarantee breach not caused by you. 

$315 to assess it is a bit much but if it includes repair it's a little high but not overly unrealistic, have to think about freight/replacement parts/labour involved. I guess it depends on what exactly is wrong with it.



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  Reply # 1241184 17-Feb-2015 23:21
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freitasm:
Finch: I mentioned that I should be covered under the CGA yes, however the Warehouse doesn't seem to want to accept that.


They don't have to accept anything. It's the law, they have to do it. And because they're the retailers THEY have to deal with Sony, not you.

And as mentioned, trying to get out of it is illegal. Take them to Disputes Tribunal and be done with it.



Thank You.

Well I sent them another message tonight, basically outlining what everyone has said on Page 2 here, so will see what the response is tomorrow, I am expecting more of the same.

Never done anything like this before (Disputes Tribunal/Media) but if it comes to it, I will do it.





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  Reply # 1241188 17-Feb-2015 23:29
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Honestly I think if you end up filing with the dispute tribunal they will help you straight away once their office receives the letter regarding the case.
Mainly because they wouldn't want any possible negative publicity and also because having to pay someone to go to the hearing to lose is a waste.



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  Reply # 1241234 18-Feb-2015 07:38
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Probably worth mentioning that the CGA is mentioned on their returns policy: http://www.thewarehouse.co.nz/red/content/homepage/customer-services/returns-policy

You can always try go through the media, that often ends well ;).


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  Reply # 1241249 18-Feb-2015 08:19
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As a disputes tribunal claim can be filed online, take a laptop/tablet (or even use one of their demo laptops) into the warehouse, connect to their free WIFI and ask to speak to the manager. Fill out the form online and ask the manager to enter the warehouse's details. You'll probably find they'll be accommodating then.

Banana?
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  Reply # 1241299 18-Feb-2015 09:24
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Haha, good idea.

It's annoying it has to get to that. A retailer the size of the Warehouse (who wants to be such a good corporate citizen they stopped selling R18s) should know the CGA, and should have a solid policy around it, and their managers and supervisors (in fact, all staff) should be trained in it.

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  Reply # 1241331 18-Feb-2015 09:53
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OP, the way to move this along is speak to the consumer people. They have an email address. Send an email to the warehouse showing them the part of the act quoted to you above, saying you they are both not meeting their obligations and deliberately in breach of the act for misrepresentation, cc the consumer people and make sure it's obvious, and give them 5 days to comply or you will open a DT case. 

This will resolve your issue I can assure you.

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