If someone can convince one person or many people that one race or ethnic group is superior, that person can convince one person or many people to do horrific deeds. eg if they were replacing it, you would unlikely be without the TV for long. You are correct that a new TV should last longer than two years. I'd recommend that you phone up again, cancel that support request and log a new one stating that you want this looked at under the CGA. It may well be a small failure in a wire or component, and it gets fixed. I was amazed and impressed with the service. They went out to the van and came back in with a whole new screen which they just happened to have brought with them. They are going to pickup the TV next week sometime to repair it but I want this TV to be replaced. Under the act, your consumer rights are expressed as a series of “guarantees” a seller automatically makes to you when you buy any good or service ordinarily purchased for personal use. You could also ask for a loan tv while it is being repaired, as a repair inconveniences you more than a replacement, as it will likely take longer. 3. Minor fault Maggie also pointed out the Consumer Guarantees Act (CGA) gave Murray the option to seek a remedy from the retailer. So all products, whether physical, electrical, digital or … I'm not sure what Deja can add at this point, as we have no information, apart that the TV failed, and an inspection is being undertaken next week. Politely write on their wall (feel free to adopt any of the reasoning here) and shame them. In practical terms, what the OP is up against is the profound ignorance of the CGA by most people (as evident here) and that essentially all litigations occurring under the CGA are done within the Disputes Tribunal setting, which does not publicise its decisions. During that time they have also got your money and product, so if the business went under you could likely lose both TV and money. The Consumer Guarantees Act (CGA) 1993 is a consumer protection law that was enacted in New Zealand in 1993. These include your rights to a repair, replacement or refund as well as compensation for damages and loss and being able to cancel a faulty service. The TV has started developing a backlight fault where the top half of the screen will stay dark. Your consumer rights and dispute resolution. The Consumer Guarantees Act (CGA) gives you the right to seek a remedy, eg a repair or a replacement, from the manufacturer whether or not the products come with a manufacturer’s warranty (called an “express guarantee” in the Act). These CGA issues are typically after a few steps have occurred. (1)Where a consumer has a right of redress against the supplier in accordance with this Part in respect of the failure of any goods to comply with a guarantee, the consumer may exercise the following remedies. The consumer guarantees under the ACL are based on the same core principles as implied Replacement of the product or a part does not extend or restart the Warranty Term.". eg The buyer may have dropped it, or damaged it some other way. I agree. Your TV has been working for around six weeks prior to a fault developing. Noel Leeming also has a Facebook page. Thanks in advance for any advice, obviously I'm not super happy at the moment! Whereas, The Consumer Guarantees Act is a series of “guarantees” relating to goods and services, after sale. The remedy you're entitled to will depend on whether the issue is major or minor. The Consumer Guarantees Act says that products should: be of acceptable quality; be fit for a particular purpose; arrive on time and in good condition; match the description, sample or demonstration. If you have rejected products because of a serious problem and asked for a refund, you don't have to accept a credit note or an exchange of products instead of cash. For the purposes of section 18(3), a failure to comply with a guarantee is of a substantial character in any case where—, (a) the goods would not have been acquired by a reasonable consumer fully acquainted with the nature and extent of the failure; or, (b) the goods depart in 1 or more significant respects from the description by which they were supplied or, where they were supplied by reference to a sample or demonstration model, from the sample or demonstration model; or. Goods are of acceptable quality. The retailer has the right to fix, so long as it's done within a reasonable time. I dropped it at the retailer and stated was claiming under the CGA [which they onsent]. If you bought an item online from a private seller (not engaged in trade or commerce) or overseas store, view either our: Buying from a private seller online page. Right, I've got a house hold full of Samsung appliance including a 2012 plasma TV that I've had repaired 3 times by Samsung via the CGA. They then proceeded to partially dismantle the TV to put the new screen in. Manufacturers do not have to provide a written warranty with their products. Repair, replacement or refund For products sold in New Zealand, these guarantees cannot be modified nor excluded by any contract, except in those circumstances contemplated by section 43(2) of the New Zealand Consumer Guarantees Act. Be polite - but don't take no for an answer - and do not agree to fund a repair or part thereof. But if you politely stand your ground, you'll eventually get to people who'll conclude that the adverse publicity and being seen as trying to deviate from the law isn't worth it. The automatic consumer guarantees apply to: new and second-hand products. It was irrepairable, and they offered a replacement TV, which I declined, asked for a full refund. I'd like to suggest you contact the manager of the Noel Leeming you are dealing with and calmly point out why you would be unhappy with a repaired product and tell the manager you want a replacement, even if you already had a conversation about it. In this case, we know that s 21 can help us. I phoned the firm responsible for the repair, and advised them that if Samsung were not going to cover the cost of the repair then I would cancel the repair ticket and return it to the retailer. reject the product and ask for a full refund. COVID-19 … [Mod Edit: Murf - Formatting + embedded image] Examples include: dropping your phone; spilling coffee over a keyboard; knocking over a flatscreen TV; laptop left on a bus - Has anyone got experience with the consumer guarantees act which would get me off paying what will probably be a very large repair bill, as a 15ish month life is appalling for a TV with a RRP of $4000. In this guide, we explain what those rights are, and what to do if you think your rights have been breached. Goods must: 1. Be fit for a particular purpose that you asked about. It's always best to get an experts take It would be interesting to get a Lawyers opinion on this. Consumer guarantees—relationship to implied warranties and conditions Consumer guarantees provide consumers with a comprehensive set of rights for the goods and services they acquire. If you caused the problem — or it was damaged while in your care, eg by your child — you must pay for any repairs or replacements. This is CGA, a TV should last at least 5 years. Guarantee of acceptable quality in supply of gas and electricity. If goods bought from a retailer aren’t of satisfactory quality, fit for purpose and as described, you have the right to return them and get a full refund within 30 days of purchase. The Consumer Guarantees Act 1993 ('the Act') provides guarantees for consumers on goods and services ordinarily acquired for personal, domestic and household use. Thanks in advance for any advice, obviously I'm not super happy at the moment! My Samsung TV developed a large ‘purple spot’, or dead pixels, on the screen. They can't dodge and say "talk to Samsung", they have to deal with it. So there is a risk there. [Mod Edit: Murf - Formatting + embedded image]. We'll have to see how that pans out, but for now I'm feeling much better than I was less than 24 hours ago! The Australian Consumer Law sets out consumer rights that are called consumer guarantees. If a TV or fridge packs up just one day after an initial one-year guarantee, customers are told they have to pay for the repair - but the truth is … The damages that a consumer may recover for a failure of goods supplied under a hire purchase agreement to comply with a guarantee set out in this Act shall be assessed, in the absence of evidence to the contrary, on the basis that the consumer will complete the purchase of the goods or would have completed that purchase if the goods had complied with the guarantee. 2. Consumer Guarantees Act (CGA) Who it applies to: Any person in trade or business that makes, imports and/or sells products — or sells services — for personal or domestic use. If we want products to last longer before they get dumped, we need to close this loophole. I had reason to test the Consumer Guarantees Act recently. Two guys came in a van, looked at the telly and agreed it wasn't right. I say developing because it does seem to come right after a few minutes - but in the last week of so if this fault showing it has been taking longer and longer to come right. A credit note is not the same as providing a cash refund. Discussion about Consumer Guarantees Act: Right of replacement. As a bonus - when I called it was 1am (didn't realise - I used to work night shifts) and the guy was polite and said the line is open 24/7 and was very well mannered and good to talk to. Guarantee that goods comply with sample. Section 18 even helps people by not doing the usual awful legislative drafting where an important term is buried within a definition section unannounced. But any DT referee (most of whom are lawyers) would follow my line of reasoning. Or you could email if you are better at writing then follow up with a phone call. If there is a fault with the product, there are options available to you. I mean I paid good money for this expensive TV and dont want a repair. 7B. I rang Samsung and at first they tried to put me off so I mentioned CGA and asked for my call to be elevated. Differences over the Sales of Goods Act. Regretting getting this TV. Samsung is quite good as you deal with them directly rather than the retailer. However IMO it all depends on what has failed, to be considered 'substantial' But first it needs to be assessed. Consumer Guarantees Act 1993. The Act imposes on retailers, manufacturers and service providers automatic guarantees ensuring that: goods are of acceptable quality, Firstly, apologies for my first ever post here being me asking for help, but this seemed like such a great place to get it! If a product or service you buy fails to meet a consumer guarantee, you have the right to ask for a repair, replacement or refund under the Australian Consumer Law. services supplied by parties in trade to consumers. thanks. My dad had contacted Noel Leeming asking for a replacement and they had said that it was up to Sony to deem that. One of the CGA's biggest changes was that it extended protection to consumers for the supply of services. if there have been any other faults -then this fault is more likely to be serious. This is complete bonkers as there using refurbished parts and not new. Ask them to contact you once that has been done, to see if it is a substantial failure or not. When buying goods and services as a consumer, you have rights. Definitely go through the retailer. Step 1 of a few steps hasn't been taken yet. At this point it's hard to demand a new TV, but once it comes back from repair you can refuse to accecpt it as it is a "Used 2nd hand repaired TV", you could negotiate a settlement to compensate for the reduced value of the TV that is 45 days old. Perhaps you can furnish a copy of your inspection report to support your assertion of 'total failure'? Until it has been inspected by a suitably qualified person it is unknown if the fault is substantial or not. You are within your rights to ask for it to be repaired under the Consumer Guarantees Act … When I have to do this kind of stuff I keep a written list next to me so I remember everything I want to say. IMO, the OP is absolutely well within his rights to demand a refund given that he is entitled to reject the TV under s 22. If you buy products that do not work like they’re meant to, are faulty, or have not arrived in time or in acceptable condition, the Consumer Guarantees Act gives you the right to claim a refund, repair or replacement. 9. Consumer Law Ready. Refurbished parts may be used to repair the products. The Act also applies to gifted goods and services. The Consumer Guarantees Act says that you must give the following guarantees for the goods you manufacturer or import: 1. (2)Where the failure can be remedied, the consumer may. Consumer Law Ready is an EU-wide programme, offering free training courses in consumer law for micro businesses and SMEs. The Net interprets censorship as damage and routes around it. The Consumer Guarantees Act requires goods and services to be fit for purpose, durable and free from defects. It has to also be done in a timely manner. Retailers and other suppliers guarantee their goods will: Be of acceptable quality. (c) the goods are substantially unfit for a purpose for which goods of the type in question are commonly supplied or, where section 8(1) applies, the goods are unfit for a particular purpose made known to the supplier or represented by the supplier to be a purpose for which the goods would be fit, and the goods cannot easily and within a reasonable time be remedied to make them fit for such purpose; Lias was right that most reasonable people would not consider a TV that doesn't turn on or work as a TV to have a failure of a substantial character based on the s 21 test. I would still think that the retailer has the right to get it checked, as it could be either user error or fault. aiyaznz: Hi everyone . So my questions are: - Has anyone encountered a similar fault in similar Samsung models which might indicate manufactures defects?- Has anyone got experience with the consumer guarantees act which would get me off paying what will probably be a very large repair bill, as a 15ish month life is appalling for a TV with a RRP of $4000. The Fair Trading Act makes it illegal for those in business to mislead consumers, use unfair trading practices, or provide false information. Since 1 January 2011, the following consumer guarantees on products and services apply. Do I have a right to demand that? I've had very good support via the Samsung Home Premium support line: 0800726786 (Link) - there was one time my washing machine which is outside of warranty developed a fault with the control board. Information here. I purchased a New Sony 65x9300D from Noel Leeming a month and half ago and suddenly the tv has broken down and only flashes a red light. IANAL. Does the seller have the right to refuse my demand of replacement? products bought from an online business trading in Australia. for administering and enforcing the ASIC Act. 8. It really pays to actually read what you reference to or, even better, an actually highly readable and simple to understand legislation that is the Consumer Guarantees Act if you are going to give advice. Most people would consider total failure at 6 weeks to be a substantial failure as defined in the act. This includes auctions, both online and in person, if the seller is “in trade”. It can't be determined if its a serious fault. It is actually likely that it will just be replaced anyway, being so new, and the effort required to repair it. Samsung then logged a job, a tech came around and repaired it without even mentioning the CGA to them. For example the Consumer Guarantees Act provides consumers with a range of guarantees about goods they buy for personal use such as that they are of an acceptable quality. The Consumer Rights Act means any products you buy must be of satisfactory quality, fit for purpose and as described. Consumer Guarantees Act: Right of replacement. Guarantees as to fitness for particular purpose. keep the product and claim compensation for the loss in value, reject the product and get an identical replacement. In Australia, our goods come with guarantees that cannot be excluded under the Australian Consumer Law. What the OP should do is firmly speak to the call centre or write to Noel Leeming's HQ, demanding the case to be forwarded to the in-house compliance manager or legal counsel. If the issue is a manufacturer issue then they accept it and fix, if not they charge you for the technician call out and ask if you want to pay for the fix. As I said, my TV has been repaired 3 times, twice with the same panel fault despite it being a different panel and they have not complained. Pretty painless really. They advised me that due to the age there is little to no change the repair cost would be passed on to me. No, you can't demand a replacement. You can apply to attend a training course in your country to ensure that your SME is Consumer Law Ready.. You may prefer to learn at your own speed, sign up to access the educational material.You can then complete … sale items. I will attach a photo at the bottom of this post for anyone interested. And your advice is wrong. I contacted Samsung just a few minutes ago who lodged a repair request with a service agent in Christchurch but informed me that the repair would be fully at my cost as it is out of a 1 year warranty. What right do I have to refuse repair and demand replacement? @dejadeadnz. Essentially, this Act relates primarily to trading conduct before a sale takes place. Complain about a TV or radio programme or an ad. Thats ok, we can share the spoils of this thread, which is now resolved! Sometimes I just sit and think. OP almost certainly DOES have the right to demand replacement or refund, but no doubt the large chain store will fight it to the bitter end, as they inevitably do. If a product is faulty, dont I have right to get a replacement? Anyway, in July of 2016 I purchased a 60" 4K LED Smart TV (UA60JS7200) from Harvey Norman. Consumer law in New Zealand provides recourse for many situations when working relationships become sour. (a)require the supplier to remedy the failure within a reasonable time in accordance with section 19; (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,—, (3)Where the failure cannot be remedied or is of a substantial character within the meaning of section 21, the consumer may—, (a)subject to section 20, reject the goods in accordance with section 22. If a supplier is offering an extended warranty it is best practice to provide consumers with a list of what rights the extended warranty provides above any automatic consumer guarantee rights under the ACL. Section 20, which acts as a bar to the exercise of a right to reject a good that has substantially failed, only applies if the OP fails to exercise his/her rights within reasonable time, that the goods were damaged after delivery (in a manner not relating to their original state at supply stage) etc. 10. Section 18 of the CGA relevantly states: 18 Options against suppliers where goods do not comply with guarantees. This was all done within a couple of days of my phone call. Information wants to be free. Maybe you should also have a good read of Sony's policy on repair/replacement, there may be something in there about when they will replace or repair. I purchased a New Sony 65x9300D from Noel Leeming a month and half ago and suddenly the tv has broken down and only flashes a red light. The rules also include digital content like downloaded films, games or apps. The applicable provisions of the CGA are as follows: 1. Where lazy people always trip themselves up is when they read articles or the actual s 18 and note only subsections (1) and (2) and seize upon the idea the the retailer or manufacturer is entitled to time to remedy all faults. The test is not, as Drastab and others would have it, about whether there is a failure of a technically substantial component, e.g. not a consumer purchases an extended warranty, they still have the protection of the ACL consumer guarantees. Guarantee that goods comply with description. Repair facilities and spare parts are reasonably available for a reasonable time. Even if you do not have a warranty over goods which you have purchased, you still have statutory rights under the Consumer Rights Act 2015 (CRA 2015). For example the power cord may have been bitten by the owners dog. It apologised for the error but wouldn't budge further. The Net interprets censorship as damage and routes around it. Samsung came back to me directly from that point on. Law. I think I will be taking this further with Disputes tribunal or District Court. Be fit for purpose- either specified by the supplier or enquired about by the consumer… Wasn't always visible - only when screen was dimly lit. Productsmust be of acceptable quality, that is: 1. Other times I just sit. The Consumer Guarantees Act 1993 (CGA) provides minimum guarantees for products and. The New Zealand Consumer Guarantees Act 1993, is legislation that outlines the guarantees and rights of both the seller and consumer for products and services sold. When Murray went back to Samsung, the company increased the refund offer to $980 stating its original calculation of $490 had been incorrect. The Consumer Guarantees Act doesn't protect you from accidental or deliberate damage. I understand your feelings of annoyance, I would have them too, but you're jumping the gun a little here by instantly demanding a replacement. Under the Consumer Guarantees Act (CGA), your consumer rights are expressed as a series of guarantees that a seller automatically makes to you when you buy any goods or services for personal use. Your average retail manager amateur on $20 an hour, who either lacks the motivation to learn the real law or has been deliberately fed a long line of misinformation to bat away those customers with lower levels of motivation, are unlikely to help. Goods are the same as any description you gave to the consumer. Loads of threads on here re this sort of stuff. Two years ago our then four-year-old top-tier 60" Samsung Smart TV developed a dinner-plate sized dark splodge near the middle of the screen. Michael Murphy | https://murfy.nz | https://keybase.io/michaelmurfyA quick guide to picking the right ISP | The Router Guide | Community UniFi Cloud Controller | Ubiquiti Edgerouter Tutorial | Sharesies | Electric Kiwi. Simply not turning on does not necessarily indicate a substantial fault - the fault could lie in a small, easily replaced part. Mobile phones as a clear case of the retailer almost never allowing a straight replacement, even on a brand new week old phone. Some relevant factors to look at when deciding if a fault is serious or not include: I just went throught the bravia warranty policy and it states the following ", 1.4 Products presented for repair may be replaced by refurbished products of the same type rather than being repaired. Under the CGA, products sold by us must be safe, of acceptable quality, fit for the purpose they have been purchased for, match the description given, match the sample or demonstration model and be of acceptable … Thank you to everyone who's taken the time to reply - it really gave me the confidence that this is a CGA issue. Had a Samsung TV out of warranty stop turning on. I got put on to someone else who agreed to send someone round to look at it. Consumer guarantees—relationship to implied warranties and conditions Consumer guarantees provide consumers with a comprehensive set of rights for the goods and services they acquire. I've had no experience with TV's but could be worth phoning up to have a chat. The law corrected shortcomings over its predecessor The Sale of Goods Act 1908. I know people who have had this problem before. They are not. whether the failure to turn on is the result of a blown fuse or, say, the main circuit board. https://www.consumer.org.nz/articles/consumer-guarantees-act.
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