Chris Davis
Retailers need to brush up on the law.
Too often, our advisers have to deal with cases where retailers don’t know basic consumer law.
Chris Davis's 42" flatscreen TV broke down two years after he'd bought it from The Warehouse. The store told Chris the TV was out of warranty and he'd have to pay $400-plus to have it repaired. The Warehouse in Albany where Chris bought the TV claimed it wasn't obliged to fix the set.
Chris then decided to get in touch with us. Our consumer adviser Maggie Edwards contacted Mark Thorburn, The Warehouse's Customer Services Manager. This time the response was very different. Thorburn promptly arranged for Chris's TV to be repaired free of charge.
Maggie says that's exactly what should have happened to start with. The Consumer Guarantees Act (CGA) says goods for domestic use must be of acceptable quality, fit for purpose and have a reasonable life span. "Two years for a flatscreen TV isn't reasonable so if your near-new TV stops working through no fault of your own, you have the right to make a claim against the retailer," she says.
Unfortunately, when Chris got the TV home from the repair shop, it went on the blink again. It had sound but no picture. Chris loaded it into his car and took it back to the repairer. When he rang a few days later to find out whether it had been fixed, he was told there were no longer any spare parts available and the set couldn't be repaired!
Chris exercised his consumer rights – he contacted The Warehouse's Mark Thorburn and requested a replacement TV. He was entitled to do this: the CGA says if the fault can't be repaired, you have a right to reject the goods (and either receive a replacement of an identical type or a refund), or keep the goods but get some of your money back in compensation. It's up to you which option you choose.
The good news is that The Warehouse has now given Chris a new TV. He's pleased the saga's finally over but it still irks him that The Warehouse's first response was to send him away. Chris is justified in feeling annoyed. Retailers have legal obligations under the CGA and they need to learn what they are.
More from consumer.org.nz
- Consumer Guarantees Act - our free guide to your rights
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If an item, with an international guarantee, was purchased from a retailer in another country, does the consumer guarantees act apply once the international guarantee has expired?
But who decides what is a "reasonable life span"? Is there a list out there somewhere?
Our Acer LCD purchsed 2007 broke down in 2010 (again 4th repair) but this time it was rejected by both the retailer and manufacturer. I had a little knowledge of the CGA and with Maggie's reassurance that we had a case, took them to the Disputes Tribunal and won. The retailer paid us monthly instalments of $100 until the repairs of $528 was reimbursed to us.