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Thread ID: 79954 2007-06-07 01:11:00 Lifetime Warranties, the MCA position: Billy T (70) PC World Chat
Post ID Timestamp Content User
556800 2007-06-07 21:51:00 You don't have to force a retailer to do anything, you simply require them to meet their obligations under the laws of New Zealand .

It doesn't matter a toss what the manufacturer thinks either,

If that gives you a problem because of poor product quality, then take it up with your wholesaler, or build a contingency margin into your pricing .
)

You think so .
I've investigated this too with the Commerce Commision . Don't think you are the only one who has bothered .

My DVD Recorder for instance which I bought from Noel Leeming . I was told its a 1 year warranty unless I paid for extra warranty . I told them no, its covered under the CGA .
After some argument I bought it anyway . But lest see what they do if it fails in 3 or 4 years .
You think it will always be easy to walk into a shop and say hey, the Commission says I'm covered, replace it?
And Fair Go was started for the hell of it . . . . . . . . . . .



As for my own parts and suppliers, thats why I only sell the items that I do, and use only certain suppliers . The quality parts and the suppliers who have good after sales service .
So I'm not bothered as far as any parts or PCs I supply are concerned .



Also the Commission have told me, how long an item, lets talk appliances here now, is covered according to what they consider reasonable . It varies depending on what they consider quality too .
A fridge for instance . They say they cannot give me a time period because it depends on quality .

So a decent manufacturer may have 10 years (a for instance) but a less decnet one may be less .
How they work that how they wouldn't say .
pctek (84)
556801 2007-06-07 23:46:00 Well, I've said all I need to say so I'm not going to waste time arguing with people who couldn't see the nose on their face even if looking in a mirror. If I have encouraged just one person to follow through on a warranty issue I'll be happy.

Let me just say this: Even dating back to well before the CGA, I have had an endless string of successes and very few failures for warranty claims in and out of the formal warranty period on items valued from new car level down to a few dollars. I (or Mrs T) even take faulty products/produce back to supermarkets for replacement.

I have relied on the four P's (preparation, politeness, persistence and patience) throughout, never quoted this Act or that Regulation to people, never told them what they have to do, and never got angry even if they did. I have simply explained the problem and asked what they can do to help. A few have needed reminding of their obligations if the initial approach failed, but that is a rarity and more often than not they have exceeded my expectations and offered far more that I would ever have dared to ask.

I also have experience on the other side of the counter as a service manager and always treated my customers with respect and sought to find an equitable solution wherever possible, without regard to legal obligations.

Waste your money if you want to, I'll just keep on enjoying the replacement or repaired goods or products, and continue to bank the refund cheques. The last one from a used car dealer you may recall.

There are none so blind as those that do not wish to see, and none so deaf as those who refuse to listen.


Cheers

Billy 8-{) :xmouth:
Billy T (70)
556802 2007-06-08 01:03:00 Well, I've said all I need to say so I'm not going to waste time arguing with people who couldn't see the nose on their face even if looking in a mirror. If I have encouraged just one person to follow through on a warranty issue I'll be happy.

Let me just say this: Even dating back to well before the CGA, I have had an endless string of successes and very few failures for warranty claims in and out of the formal warranty period on items valued from new car level down to a few dollars. I (or Mrs T) even take faulty products/produce back to supermarkets for replacement.

I have relied on the four P's (preparation, politeness, persistence and patience) throughout, never quoted this Act or that Regulation to people, never told them what they have to do, and never got angry even if they did. I have simply explained the problem and asked what they can do to help. A few have needed reminding of their obligations if the initial approach failed, but that is a rarity and more often than not they have exceeded my expectations and offered far more that I would ever have dared to ask.

I also have experience on the other side of the counter as a service manager and always treated my customers with respect and sought to find an equitable solution wherever possible, without regard to legal obligations.

Waste your money if you want to, I'll just keep on enjoying the replacement or repaired goods or products, and continue to bank the refund cheques. The last one from a used car dealer you may recall.

There are none so blind as those that do not wish to see, and none so deaf as those who refuse to listen.


Cheers

Billy 8-{) :xmouth:

Thanks BT, my post in the other thread was just showing that these companys do know there responsibilities. You have been very helpfull.
plod (107)
556803 2007-06-08 05:24:00 Billy, I was not "arguing vehemently" . I was asking you to consider the argument I laid out . Try reading what I wrote .

It appears that the protections of the Act depend on the opinions of the staff of the department, or sometimes on the decision of a tribunal . Neither of these has the standing of a decision of a court . It's probably much easier for NZ manufacturers and retailers to submit rather than resort to the expensive gamble of a court case .

I suspect that if NZ's consumer protections ever conflict significantly with the interests of big overseas manufacturers, they will be referred to the WTO . If the political idiots ever achieve a FTA with the US, the CGA will probably be wiped immediately .

Treaties override NZ laws .
Graham L (2)
556804 2007-06-08 06:00:00 I just biff crap away when it breaks.:thumbs:


I also throw away warranty info as soon as I get home and the item works, I have supreme confidence that I will get a few years out of it.
Metla (12)
556805 2007-06-08 07:35:00 Good one, Billy . :thumbs:

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BobM (1138)
556806 2007-06-08 08:45:00 Billy, I was not "arguing vehemently". I was asking you to consider the argument I laid out. Try reading what I wrote.

I wasn't referring to you Graham, or anybody else in particular. It was a summative comment.

Sorry if it got you where the saddle rubbed. :D

No offence meant.

Cheers

Billy 8-{)
Billy T (70)
556807 2007-06-08 09:16:00 - . .

. . . . . .

:) :thumbs: :)

-- . . . - - . .

. ----
Morpheus1 (186)
556808 2007-06-08 11:32:00 I was talking to a mate about this situation and he happens to be leading lawyer .

The matter in question was over a roof on a house that came with a “Lifetime Warranty” .

His response was: “Who’s lifetime”? Yours or mine?

He went on to explain that in law ambiguity is a no no and that is why to enforce a contract it is important it be time and dated .

Time is off the essence .

Makes sense to me .

A Lifetime Warranty is not worth the paper it’s written on if you want to enforce it and they won’t play ball .

In a “Small Claim Court” you may find sympathy, but when “Push” comes to “Shove” Lifetime Warranties are a waste of time .
B.M. (505)
556809 2007-06-08 11:54:00 I was talking to a mate about this situation and he happens to be leading lawyer.

Sadly, "Leading Lawyers" seldom understand Consumer Law (or industrial law for that matter) and perhaps his views on "lifetimes" would change if he had a discussion with those responsible for administering and enforcing consumer law.

I speak from experience, having worked in industrial law as a lay advocate and met quite a few commercial & criminal lawyers who didn't know what they were talking about, so they lost and I won for my client.

And yes, I have had a varied career: technical, legal, managerial, and a bit more besides.

When push comes to shove, consumer law shoves right back with surprising effectiveness.

Cheers

Billy 8-{)
Billy T (70)
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