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Thread ID: 118935	2011-06-27 09:31:00	Disputes Tribunal.	martynz (5445)	PC World Chat

Post ID	Timestamp	Content	User
1212634	2011-06-27 09:31:00	Anyone had experience of taking a claim there? I bought an appliance made by a NZ manufacturer (A) whose local agency (B) put me in touch with an installer (C) who sold and installed it. After some initial problems which A, B and C were'nt very helpful in solving I got the appliance working satisfactorily. Now after 2 years of operating a major defect has appeared in a key component. The manufacturer's warranty is 5 years but they recently told me that the faulty component is only covered for 1 year (BUT THIS DOESN"T APPEAR IN ANY OF THEIR LITERATURE). My understanding of Consumer protection law is that my contract is with the retailer and he can't use the manufacturer's unwillingness to admit responsibility as a reason for not remedying my problem.	martynz (5445)
1212635	2011-06-27 09:38:00	It sounds like you have an airtight case, I'd go for it. I have not used it, though, so I can't give you any helpful advice sorry.	george12 (7)
1212636	2011-06-27 09:42:00	all care and no responsibility it seems good luck	GameJunkie (72)
1212637	2011-06-27 10:05:00	Yes your contract is with the retailer, who has to sort out the problem. Mention the CGA to them. :)	Trev (427)
1212638	2011-06-27 10:36:00	F&P by any chance?	Paul.Cov (425)
1212639	2011-06-27 10:49:00	F&P by any chance? No, much much smaller. Part of me feels sympathy for the retailer.....maybe he can take the manufacturer to the Disputes Tribunal.	martynz (5445)
1212640	2011-06-27 11:11:00	It would be easier to offer advice if you stopped talking in riddles and gave some factual information. What exactly is the appliance and what is its value? Is the 5 Year warranty in writing? Oral limitations to warranty terms (the one year) are not worth the paper they are not written on! However, if there is nothing in writing the item still has to be of merchantable quality, fit for purpose and have the service life a 'reasonable person' would expect. Can you contact the person or company you purchased it off? They are your first port of call and are responsible for sorting it out. The Disputes Tribunal will cost you a filing fee (about $50 I think) and you need to prepare your case properly with all the emotion left out, and all the necessary facts included. However, you will probably fall at the first hurdle if you can't produce adequate proof of purchase to establish to the satisfaction of the Referee that you are claiming against the right person or company. It sounds like the seller/installer is responsible for honouring the warranty, they were the other party in the contract for sale and purchase, and after settling with you, they have their own remedies via a claim against the manufacturer or their supplier. Cheers Billy 8-{)	Billy T (70)
1212641	2011-06-27 20:25:00	Part of me feels sympathy for the retailer.....maybe he can take the manufacturer to the Disputes Tribunal. No he can't. CGA doesn't apply to businesses. I have been to Disputes. Regardless of how long the warranty is if it has a MAJOR fault it should be covered, and if it's a decent brand - cause it does vary how long it would be covered for. You need to have every bit of paper with you, all correspondence about this fault. The mediators will make their decisions based on the facts presented, not guesswork, innuendo or arguments.	pctek (84)
1212642	2011-06-27 23:41:00	You need to have every bit of paper with you, all correspondence about this fault. The mediators will make their decisions based on the facts presented, not guesswork, innuendo or arguments. Absolutely right! You have to stay calm, stick solely to the facts, and leave all the emotive stuff and injured feelings at home where they belong. The situation seems quite clearly in your favour, provided you are posting the true facts and not leaving out anything disadvantageous to you, like cutting a cash deal to avoid GST etc. You may have to get an independent report on the fault, but a successful hearing would probably see that cost reimbursed as a legitimate expense incured as a result to the failings of the supplier. However, as I said earlier you need to supply better information here if you want accurate and reliable advice. Go to the DT with your current tale and you'll likely get nowhere. You will also fail if the documentation has the dreaded words "Five years limited warranty" even if it doesn't specify what the limitations are. Cheers Billy 8-{)	Billy T (70)
1212643	2011-06-28 06:25:00	[QUOTE=Billy T;1028440]It would be easier to offer advice if you stopped talking in riddles and gave some factual information. My thoughts too. Mind you, it does give us a chance for a game of 20 question,	Cicero (40)
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