This includes auctions, both online and in person, if the seller is “in trade”. When Murray went back to Samsung, the company increased the refund offer to $980 stating its original calculation of $490 had been incorrect. The Act imposes on retailers, manufacturers and service providers automatic guarantees ensuring that: goods are of acceptable quality, The consumer guarantees under the ACL are based on the same core principles as implied 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. 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. Law. Consumer Law Ready is an EU-wide programme, offering free training courses in consumer law for micro businesses and SMEs. Mobile phones as a clear case of the retailer almost never allowing a straight replacement, even on a brand new week old phone. 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. The amount of misinformation, most of which coming from the usual IT/geek forum crowd who just loves to jump on the consumer, is quite staggering. 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 … Section 18 of the CGA relevantly states: 18 Options against suppliers where goods do not comply with guarantees. Guarantee that goods comply with description. Sometimes I just sit and think. (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 understand your feelings of annoyance, I would have them too, but you're jumping the gun a little here by instantly demanding a replacement. Definitely go through the retailer. 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. Wasn't always visible - only when screen was dimly lit. 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. products bought from an online business trading in Australia. Consumer Law Ready. Guarantees as to fitness for particular purpose. I will attach a photo at the bottom of this post for anyone interested. They can't dodge and say "talk to Samsung", they have to deal with it. - 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 Australia, our goods come with guarantees that cannot be excluded under the Australian Consumer Law. 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. Manufacturers do not have to provide a written warranty with their products. One of the CGA's biggest changes was that it extended protection to consumers for the supply of services. Differences over the Sales of Goods Act. Replacement of the product or a part does not extend or restart the Warranty Term.". It was irrepairable, and they offered a replacement TV, which I declined, asked for a full refund. 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. Discussion about Consumer Guarantees Act: Right of replacement. Politely write on their wall (feel free to adopt any of the reasoning here) and shame them. The law corrected shortcomings over its predecessor The Sale of Goods Act 1908. whether the failure to turn on is the result of a blown fuse or, say, the main circuit board. 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. Examples include: dropping your phone; spilling coffee over a keyboard; knocking over a flatscreen TV; laptop left on a bus It may well be a small failure in a wire or component, and it gets fixed. I would still think that the retailer has the right to get it checked, as it could be either user error or fault. Pretty painless really. Anyway, in July of 2016 I purchased a 60" 4K LED Smart TV (UA60JS7200) from Harvey Norman. What right do I have to refuse repair and demand replacement? 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. 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. https://www.consumer.org.nz/articles/consumer-guarantees-act. Information here. They then proceeded to partially dismantle the TV to put the new screen in. Information wants to be free. 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. The Consumer Guarantees Act requires goods and services to be fit for purpose, durable and free from defects. This was all done within a couple of days of my phone call. Whereas, The Consumer Guarantees Act is a series of “guarantees” relating to goods and services, after sale. 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. Goods are the same as any description you gave to the consumer. 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. 3. 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 there is a fault with the product, there are options available to you. 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. Your consumer rights and dispute resolution. They are not. However IMO it all depends on what has failed, to be considered 'substantial' But first it needs to be assessed. Productsmust be of acceptable quality, that is: 1. Samsung then logged a job, a tech came around and repaired it without even mentioning the CGA to them. They supplied that within a few days once I filled out a refund claim form. It's always best to get an experts take It would be interesting to get a Lawyers opinion on this. 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). The Consumer Guarantees Act says that you must give the following guarantees for the goods you manufacturer or import: 1. Step 1 of a few steps hasn't been taken yet. When buying goods and services as a consumer, you have rights. Goods are of acceptable quality. They advised me that due to the age there is little to no change the repair cost would be passed on to me. not a consumer purchases an extended warranty, they still have the protection of the ACL consumer guarantees. Refurbished parts may be used to repair the products. Be fit for a particular purpose that you asked about. In this case, we know that s 21 can help us. Samsung came back to me directly from that point on. 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. 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. I rang Samsung and at first they tried to put me off so I mentioned CGA and asked for my call to be elevated. Be polite - but don't take no for an answer - and do not agree to fund a repair or part thereof. 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. Thats ok, we can share the spoils of this thread, which is now resolved! But any DT referee (most of whom are lawyers) would follow my line of reasoning. 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. 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. 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 applicable provisions of the CGA are as follows: 1. a reasonable consumer would not have bought the products if they had known about the fault(Dah), any claims made in the advertising, packaging or made by the seller. 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. 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. Relationship of section 7A with rest of Act. (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. for administering and enforcing the ASIC Act. Loads of threads on here re this sort of stuff. 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. Be fit for purpose- either specified by the supplier or enquired about by the consumer… 10. Samsung is quite good as you deal with them directly rather than the retailer. COVID-19 … 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. Thanks in advance for any advice, obviously I'm not super happy at the moment! 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. Noel Leeming also has a Facebook page. The Australian Consumer Law sets out consumer rights that are called consumer guarantees. reject the product and ask for a full refund. 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. aiyaznz: Hi everyone . A credit note is not the same as providing a cash refund. Minor fault I know people who have had this problem before. 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. Ask them to contact you once that has been done, to see if it is a substantial failure or not. Do I have a right to demand that? The Net interprets censorship as damage and routes around it. I got put on to someone else who agreed to send someone round to look at it. Firstly, apologies for my first ever post here being me asking for help, but this seemed like such a great place to get it! 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. Perhaps you can furnish a copy of your inspection report to support your assertion of 'total failure'? If need be the Disputes Tribunal is an option - it is relatively low cost - you will win. thanks. The remedy you're entitled to will depend on whether the issue is major or minor. It apologised for the error but wouldn't budge further. 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. You are correct that a new TV should last longer than two years. eg if they were replacing it, you would unlikely be without the TV for long. 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. I googled purple spot and found complaints from all over the world – this is clearly a fault that LED TVs get quite frequently, and is a manufacturer problem. Thank you to everyone who's taken the time to reply - it really gave me the confidence that this is a CGA issue. Consumer law in New Zealand provides recourse for many situations when working relationships become sour. Guarantee of acceptable quality in supply of gas and electricity. Since 1 January 2011, the following consumer guarantees on products and services apply. This is complete bonkers as there using refurbished parts and not new. For example the power cord may have been bitten by the owners dog. services supplied by parties in trade to consumers. Under the Consumer Guarantees Act, manufacturers don’t have to provide spare parts or repair services if consumers are told they aren’t available at the time of purchase. Retailers and other suppliers guarantee their goods will: Be of acceptable quality. Consumer Guarantees Act 1993. Or you could email if you are better at writing then follow up with a phone call. They are going to pickup the TV next week sometime to repair it but I want this TV to be replaced. So all products, whether physical, electrical, digital or … I think I will be taking this further with Disputes tribunal or District Court. This is CGA, a TV should last at least 5 years. Simply not turning on does not necessarily indicate a substantial fault - the fault could lie in a small, easily replaced part. So there is a risk there. 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.
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