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Thread ID: 80412 2007-06-22 00:44:00 Consumer Rights Question - hot fridge! allblack (6574) PC World Chat
Post ID Timestamp Content User
561521 2007-06-22 00:44:00 Hi y'all.

Lemme run this by you guys....always seems to be an eclectic mix of views on here. :cool:

I bought a F & P fridge from Noel Leemings 3 May (this year). With a 5-year extended warranty.

Got back from 5 days away last Monday and it had died. After cleaning it out and taking all the freezer contents to the tip, I made some phone calls and a service bloke came and had a look and said the refrigerant gas had all leaked out. I said it was working fine before I left, so it's not an issue of me causing damage to it.

So....the "fixit" crowd F & P use said they would take it away, give me a "loaner" meantime whilst they repair it.

Now, me thinks given it's just over a month old, I'm going to demand a replacement, not settle for a repair.

I've been looking online at consumer rights/affairs etc, but have come a cropper on something, hence this post.

One part tells me under the CGA I can demand a replacement if the product has suffered a serious fault (I assume a hot fridge falls into this category!)....

...but another section says if the Warranty states such, (which from memory it does) the manufacturer can decide whether to repair or replace.

So? Who wins? The CGA or the manufacturers/retailers Warranty??

Looking forward to some suggestions guys - thanks!
allblack (6574)
561522 2007-06-22 01:05:00 The last time I looked into this, the CGA stated that it is up to the retailer to decide which option they pursue - repair, replace, or refund. This was quite a few years ago so I'm not sure whether it has changed since. somebody (208)
561523 2007-06-22 01:08:00 Yeah...that's the impression I get too.

But then I found this:

If the problem is a serious one (the goods are unsafe, substantially do not meet acceptable quality, fitness for particular purpose, description or sample), you can choose to:
return (reject) the goods and get your money back, or
return the goods for a replacement of similar value and type (if the goods are reasonably available as part of the supplier's stock ), or
keep the goods and have the price reduced to make up for its drop in value.


...the key words are "you can choose"....
allblack (6574)
561524 2007-06-22 01:15:00 Just found that quote here too: www.consumeraffairs.govt.nz somebody (208)
561525 2007-06-22 01:16:00 Well I would say that the first couple of times something goes wrong with an item the retailer / manufacturer should have the option of repair/replace/refund.

If something goes wrong again then I think the buyer should have the option of repair/replace/refund.
CYaBro (73)
561526 2007-06-22 01:19:00 Well I would say that the first couple of times something goes wrong with an item the retailer / manufacturer should have the option of repair/replace/refund.

If something goes wrong again then I think the buyer should have the option of repair/replace/refund.

Send for the Guy in the Avatar, he can fix anything !!!! PJ
Poppa John (284)
561527 2007-06-22 01:20:00 Well I would say that the first couple of times something goes wrong with an item the retailer / manufacturer should have the option of repair/replace/refund.

If something goes wrong again then I think the buyer should have the option of repair/replace/refund.

I would agree......if the fridge was 8 months old.....but it's effectively brand new.
allblack (6574)
561528 2007-06-22 01:51:00 So you know that a new one could do the same. When they re-gas it they might do a better job than some guy worrying whether he was being outsourced to Thailand or not. PaulD (232)
561529 2007-06-22 02:02:00 So you know that a new one could do the same. When they re-gas it they might do a better job than some guy worrying whether he was being outsourced to Thailand or not.

Funny you should say that......my second thought (the first will get the Mods on my back!) was whether or not this is one of the new breed built in some backwater like Thailand...
allblack (6574)
561530 2007-06-22 03:20:00 Yep.
Its a serious fault.
Up to you which option YOU want.
pctek (84)
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