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Andib
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  #3219853 18-Apr-2024 12:04
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From experience & from what I've read from others online, Submit the disputes tribunal claim using their NZ corporate address (available here https://www.apple.com/nz/legal/statutory-warranty/nz/ ) and you will more than likely get a response back prior to it actually going to the tribunal. 

 

 

 

 

 

 

 

 

 

 





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wellygary
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  #3219855 18-Apr-2024 12:06
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DarrenJ:

 

 

 

Not sure how an EU Directive is relevant here, but I'm guessing they won't respond to a NZ Disputes Tribunal request.

 

 

But they will pay if the decision goes against them....

 

https://www.geekzone.co.nz/forums.asp?forumid=76&topicid=283919

 

The Company you want to name is "Apple Sales New Zealand ltd""  

 

They use Simpson Grierson Lawyers  in Auckland as their Post box, 

 

https://app.companiesoffice.govt.nz/companies/app/ui/pages/companies/1779334

 

FWIW: They pushed just over $1.2 billion in NZ sales through last year

 

https://app.companiesoffice.govt.nz/companies/app/service/services/documents/8CFF7AD96A56ABB135AF8AEB5EC7A12B

 

 

 

 


rscole86
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  #3219858 18-Apr-2024 12:15
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Apologies if I missed it, but you mentioned you bought it from a chain retailer, I assumed this was not Apple, have you approached the retailer for a resolution?

Your CGA claim should be with them, and you may get more traction with them, assuming they're NZ based.



DarrenJ

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  #3219861 18-Apr-2024 12:40
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rscole86: Apologies if I missed it, but you mentioned you bought it from a chain retailer, I assumed this was not Apple, have you approached the retailer for a resolution?

Your CGA claim should be with them, and you may get more traction with them, assuming they're NZ based.

 

 

 

I was going to, but Apple were more than happy to take this on when I contacted them and didn't refer me back to the retailer. I told them from the get go that I was looking to do this under CGA. They asked me where I bought it from and if I had receipt etc.

 

 


DarrenJ

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  #3219862 18-Apr-2024 12:42
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wellygary:

 

DarrenJ:

 

 

 

Not sure how an EU Directive is relevant here, but I'm guessing they won't respond to a NZ Disputes Tribunal request.

 

 

But they will pay if the decision goes against them....

 

https://www.geekzone.co.nz/forums.asp?forumid=76&topicid=283919

 

The Company you want to name is "Apple Sales New Zealand ltd""  

 

They use Simpson Grierson Lawyers  in Auckland as their Post box, 

 

https://app.companiesoffice.govt.nz/companies/app/ui/pages/companies/1779334

 

FWIW: They pushed just over $1.2 billion in NZ sales through last year

 

https://app.companiesoffice.govt.nz/companies/app/service/services/documents/8CFF7AD96A56ABB135AF8AEB5EC7A12B

 

 

 

 

 

 

 

 

That is awesome info!   And amazing to see someone else took Apple to DT over this.  Hopefully my success/failure with DT and updating this thread will help someone else as well in future :)

 

 


RunningMan
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  #3219912 18-Apr-2024 15:46
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rscole86: Apologies if I missed it, but you mentioned you bought it from a chain retailer, I assumed this was not Apple, have you approached the retailer for a resolution?

Your CGA claim should be with them, and you may get more traction with them, assuming they're NZ based.

 

Respectfully, whilst often repeated, this is not correct. The legislation says you have a right of redress against the manufacturer.

 

https://legislation.govt.nz/act/public/1993/0091/latest/DLM312834.html 


HP

 
 
 
 

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rscole86
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  #3219916 18-Apr-2024 16:05
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Quite right RunningMan, I didn't intend to make it sound like it was your only avenue, more that if they are a local retailer they may be more aware of their obligations and may come to the party instead of needed to rely on the Disputes Tribunal.

It sounds like the OP hasn't tried it yet, and may find resolution faster, and cheaper.

Lots of maybes there, but also unknowns until they give it a go.

DarrenJ

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  #3219918 18-Apr-2024 16:32
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rscole86: Quite right RunningMan, I didn't intend to make it sound like it was your only avenue, more that if they are a local retailer they may be more aware of their obligations and may come to the party instead of needed to rely on the Disputes Tribunal.

It sounds like the OP hasn't tried it yet, and may find resolution faster, and cheaper.

Lots of maybes there, but also unknowns until they give it a go.


Hindsight says I should considered going to retailer. Guess dealing with the local big brand outlet didn't appeal. I dealt with them over a failed iPad case (sealed from dirt entering..yeah right..tui ad), and it was painful. Plus if I go now they would want to charge me an inspection fee (which I already paid for at an apple repairer). Dunno if they would accept a report from elsewhere though.

It's also still at back of my mind retrying there, but physical ipad is still at repairer, which is in welly and I'm not, so I would have to retrieve it.






mattwnz
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  #3219955 18-Apr-2024 19:04
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IANAL . If I had purchased from a NZ retailer, then I might now find it easier to now go back to them for resolution. Especially if I had already tried to get it resolved directly through their manufacturer.  I would also request a refund on any costs I had paid after dealing with the manufacturer  and their processes.  I would let them deal with the manufacturer themselves now.


henrytai
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  #3229248 12-May-2024 12:42
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You could try contacting Apple again and request to speak with a different senior adviser. Given the significant issue you're facing, it seems reasonable to ask for a brand new replacement. 

 

 

 

What model is the iPad? 





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GSManiac
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  #3229301 12-May-2024 15:55
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I took Apple to the DT when they refused to remedy a faulty iPhone X a few years ago (there’s a thread here on my experience). Very similar experience to you where by any mention of the CGA is met with “it’s out of consumer warranty” I even pointed out they have a section on the CGA on their website. But then again I don’t expect a senior advisor based overseas to grasp what the CGA is. Anyway at the DT hearing, Apple were given the opportunity to provide a remedy before having one imposed on them. They went with a half price replacement which I declined. After a week or so, got a letter in the post to say that it was found in my favour and Apple were made to refund the purchase price which they did. 

 

anyway tldr definitely pursue the DT because the law is on your side and you’ll win. 


 
 
 

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DarrenJ

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  #3229309 12-May-2024 16:16
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Hi.
I went the DT route, and I think I saw your previous post, which was really helpful.


DT has now given a date, so fingers crossed. :)

I'll post an update next month...and hopefully my experience (win or lose) will help anyone else in future. :)


DarrenJ

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  #3229310 12-May-2024 16:18
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henrytai:

You could try contacting Apple again and request to speak with a different senior adviser. Given the significant issue you're facing, it seems reasonable to ask for a brand new replacement. 


 


What model is the iPad? 




I went through a few senior advisors and now they refuse to discuss more citing an EU law.

DT is all filed, so hopefully I'll have success.

tdgeek
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  #3229337 12-May-2024 17:44
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My iPad Air 1 is going strong.


RunningMan
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  #3229340 12-May-2024 17:54
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DarrenJ:National laws implementing the EU Directive on alternative dispute resolution for consumer disputes require us to inform you about alternative dispute resolution (ADR) and whether we intend to make use of ADR to settle the dispute.

 

DarrenJ: I went through a few senior advisors and now they refuse to discuss more citing an EU law.

 

Long way from the EU here. Muppets.


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