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Thread ID: 62072	2005-09-26 01:27:00	Disputes Tribunal Advice	george12 (7)	PC World Chat

Post ID	Timestamp	Content	User
390937	2005-09-26 01:27:00	Hi, I brought a motherboard about 9 months ago from an online shop I won't name. After about 3 months it died, so I had it replaced under warranty, which took about 2 weeks of WAITING for it to come back. I wasn't too happy but didn't worry about it. 5 months later (ie, 1 month ago), it broke again. That's the last straw, I wanted a refund, to buy a real motherboard. I'm totally entitled to this, but even after my explicit request and explanation, I received back a replaced motherboard. I emailed them and heard (after having to, after a week, ASK them to reply please): "The returned motherboard was dealt under manufacturer’s warranty, refund is not applicable due to that the motherboard is still under warranty. Refund can only be made within 7 days period upon the receipt of the item." This isn't acceptable to me, so I told them about their obligations under CGA and they won't budge. So I told them I would take them to the Disputes Tribunal if they wouldn't refund. And they agreed. Does anyone have any advice, eg, how much to claim? I'm thinking: Motherboard: $96.75 Shipping: $3.50 x 2 = $7 Hearing fee: $50 --- $153.75 Have I overlooked some reason I might NOT win? Thanks.	george12 (7)
390938	2005-09-26 01:43:00	you cant charge them the hearing fee it's just like that ...........I once took someone to the disputes tribunal on a point of principle for the huge sum of $50 which I wanted them to pay it cost me $35 to do it...........and not to mention a couple of hours of my time............well I won and they never paid.......sure you can initiate collection proceedures ..........IF you hire a lawyer.....and then you can ask for the cost of that to be added onto collection............then IF you win that one then sure they supposedly have to pay....... $5 per week .........maybe........and then if they stop paying .....you gotta go back thru it all...........anyway with my situation I got enuf satisfaction from knowin I won............bottom line: ....... my advice.....dont bother......give it up.......sell it on trademe and buy a good mobo...........get Asus......	drcspy (146)
390939	2005-09-26 01:48:00	Are you sure the faults didn't occur because of something else like the PSU or a power surge?	CYaBro (73)
390940	2005-09-26 02:40:00	CGA doesn't cover you changing your mind months down the track. They are only obliged to offer you a replacement or repair inside the warranty period. You chose the product you purchased, you have to live with it.	ninja (1671)
390941	2005-09-26 03:15:00	While under warranty, they have the right to decide what they do. They - the supplier - can choose to repair, replace, or refund, as they please, as long as they do one of them. You cannot say "I want a refund". After warranty, you can't do anything. I don't think your chances are that great with the disuptes tribunal, because the law favours their side.	somebody (208)
390942	2005-09-26 04:16:00	A) It's well within the warranty period B) I didn't change my mind, it broke C) I was sure it was the consumers choice. That's the big one, so I'll have to check up... D) I know people who have charged the hearing fee	george12 (7)
390943	2005-09-26 05:43:00	A) It's well within the warranty period B) I didn't change my mind, it broke C) I was sure it was the consumers choice. That's the big one, so I'll have to check up... D) I know people who have charged the hearing fee www.consumeraffairs.govt.nz For the rules. As for the hearing if you win costs are normally awarded to you.	pctek (84)
390944	2005-09-26 06:26:00	What it says in the warranty is irrelevant, I think. The CGA says it has to be "fit for the purpose" and "of merchantable quality", (or something like that) i.e. it has to work. If it fails once, yes, then replacement under warranty is probably reasonable. If it fails again, you possibly have a case to say it fails for one of the reasons above, If that is the case you are entitled to ask for a refund. Outside the warranty, you may still have a claim, if it can be reasonably expected that the item should last longer than it has. Example: A TV may be under warranty for one year, but TVs can be reasonably expected to perform for much longer thsan that, so if it collapses after 15 months, you may well have a claim under the CGA. Phone up Consumer and get advice.	Tony (4941)
390945	2005-09-26 06:36:00	George, I think your chances hinge on one very important and so far unasked question... .....Did you ever take the motherboard down to the beach and use it as a frisbee?	Metla (12)
390946	2005-09-26 06:39:00	You can't just expect a refund like that, no way that you should expect to win. Given that the seller has repaired/replaced your motherboard, you have no case to argue under the consumer laws.	techie (7177)
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