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Consumer guarantees act

Post Options Post Options   Likes (0) Likes(0)   Quote Dagwood Quote  Post ReplyReply Direct Link To This Post Topic: Consumer guarantees act
    Posted: 08 Apr 2021 at 12:20pm
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Short story, son purchased a well regarded brand of reel off a reputable supplier (they generally get a good rap here). 

He's barely used it - the mount broke during casting on the first trip!

After numerous phone calls, emails, a visit or two and 8 weeks he's now being told the supplier is waiting for parts.

CGA states: 

"If you refuse, fail or take too long to address the problem, the customer can:

  • ask for their money back
  • ask you for a replacement
  • take it elsewhere to be fixed and claim repair costs back from you.
For repairs, how quickly these must be done depends on the type of product and how regularly the customer needs to use it. For example, most shoe repairers offer same-day repairs for shoes. If a heater breaks down during winter, it’s unreasonable to expect a customer to wait longer than a day."

Thoughts on what is a reasonable time for a resolution in this situation. Is 8+ weeks acceptable?

To be clear, I'm not interested in doing the name and shame thing here at this stage.





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Post Options Post Options   Likes (0) Likes(0)   Quote Fraser Hocks Quote  Post ReplyReply Direct Link To This Post Posted: 08 Apr 2021 at 12:38pm
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That's pretty poor hey?  Most decent stores will back their product up, and even go out of their way to ensure they get repeat business.

8 weeks is a bit excessive IMO.  Id be asking for a refund and go purchase elsewhere.  Just my two cents worth. 
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Post Options Post Options   Likes (0) Likes(0)   Quote kingiFiddla Quote  Post ReplyReply Direct Link To This Post Posted: 08 Apr 2021 at 12:39pm
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Way too long. Explicitly quote the same passage of the CGA when you request a refund. this starts the clock. Get a yes or no from them immediately and start dispute tribunal proceedings immediately if the answer is no.
If the store is just slack arses or trying it on, you'll get an acceptable remedy in a few days. If they are ratbags then they won't give a toss about the tribunal and won't even show up, but at least you'll have a public record of the way they treat customers.
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Post Options Post Options   Likes (0) Likes(0)   Quote Pcj Quote  Post ReplyReply Direct Link To This Post Posted: 08 Apr 2021 at 1:43pm
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A decent retailer would of swapped it straight away and sorted it out the broken one with the supplier.Keep the customer happySmile
Chances now are once sorted you will never back to the that retailer.

Would the repair affect the reel if so.


If things go wrong

Speak to the retailer or supplier as soon as you discover a problem. Explain what the problem is and how you would like it to be resolved. If it's a fairly minor problem, the supplier can choose whether to have the goods repaired or replace them. If the problem is substantial, you can refuse a repair and request a replacement or a refund. You should take your proof of purchase with you, eg your receipt or bank statement, or the contract for services.


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Post Options Post Options   Likes (0) Likes(0)   Quote Kevin.S Quote  Post ReplyReply Direct Link To This Post Posted: 08 Apr 2021 at 2:14pm
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My daughters phone went wrong (it was over 6 months old) and she returned it to the shop she bought it from.  After 4 weeks they still could not get spare parts to fix it so refunded her the purchase price.  Don't know if there is an actual time limit or if it is left up to individual stores.

IMO 8 weeks is unreasonable, if they don't offer to replace it I'd be having very loud conversations with their manager about their poor customer service -preferably at their busiest trading time with lots of shoppers in the store.
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Post Options Post Options   Likes (0) Likes(0)   Quote kaveman Quote  Post ReplyReply Direct Link To This Post Posted: 08 Apr 2021 at 2:58pm
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Very poor form, 1-2 weeks at absolute max, just mention CGA and that normally gets things moving quick

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Post Options Post Options   Likes (0) Likes(0)   Quote fish_fiddler Quote  Post ReplyReply Direct Link To This Post Posted: 08 Apr 2021 at 3:52pm
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Has this quote on the timeframe come directly from the wholesaler? eg Shimano or Daiwa? or from the physical sales store such as a Hunting and Fishing?

As being someone who used to work in a fishing store, the stores are at the mercy of the suppliers/ wholesalers a lot of the time and are just passing on what they have been told. If this is the case, I would ask to speak to the supplier directly as you are not satisfied with the time it will take, and the fact you probably paid good money for a reliable product that has buggered itself.

The suppliers do hold the right to repair if it is seen as a good and low impacting solution. I would check in with the supplier and see if you cannot get the repair sped up, if not, I would be asking for a better solution as this is not what you had in mind when buying a quality product from a repeatable brand.

I commend you for not naming and shaming.

Cheers!


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Post Options Post Options   Likes (0) Likes(0)   Quote kingiFiddla Quote  Post ReplyReply Direct Link To This Post Posted: 08 Apr 2021 at 4:26pm
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Sorry fish_fiddler, I disagree.

The consumer's contract is with the store. If the supplier is hanging the store out to twist in the breeze, that's entirely a matter for the store to sort out with the supplier and the consumer should never be told to spend more of their time contacting the supplier, who has no contract with the consumer. It strikes me as the store trying to use the public to put heat on the supplier when its none of the consumers business, at least until the store says no to a refund or replacement.

If it is indeed the case the supplier has dropped the ball, the consumer should never be exposed to that, rather a store should just own the issue, not pass the buck, and step up and resolve it.

Eight weeks is a joke, even if the consumer has other reels to fall back on. If I'm reading the CGA properly, the delays takes the right to repair away from the store and the consumer has the right to refund or replacement and should have been requesting one or the other a month ago, and certainly now, even if told the parts are two days away.

If the store doesn't play ball then I have zero issues with naming them. They then get a right of reply and every other store is no longer suspected by anyone of being the ratbag store. There are great stores that really look after consumers. Heck, I've had outstanding support from suppliers too that stepped in when a store dicked me around. I've got zero problem with singing a store's praises, just as I have no issue with singling out a store when they screw me around.


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Post Options Post Options   Likes (0) Likes(0)   Quote Muppet Quote  Post ReplyReply Direct Link To This Post Posted: 08 Apr 2021 at 4:37pm
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Too long should replace or refund
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Post Options Post Options   Likes (0) Likes(0)   Quote RockCrashing Quote  Post ReplyReply Direct Link To This Post Posted: 08 Apr 2021 at 4:37pm
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Originally posted by fish_fiddler fish_fiddler wrote:

Has this quote on the timeframe come directly from the wholesaler? eg Shimano or Daiwa? or from the physical sales store such as a Hunting and Fishing?

As being someone who used to work in a fishing store, the stores are at the mercy of the suppliers/ wholesalers a lot of the time and are just passing on what they have been told. If this is the case, I would ask to speak to the supplier directly as you are not satisfied with the time it will take, and the fact you probably paid good money for a reliable product that has buggered itself.

The suppliers do hold the right to repair if it is seen as a good and low impacting solution. I would check in with the supplier and see if you cannot get the repair sped up, if not, I would be asking for a better solution as this is not what you had in mind when buying a quality product from a repeatable brand.

I commend you for not naming and shaming.

Cheers!







sometimes is not the manufacture or distributor/retailer but it is the person behind the f... counter in the retailer outlet who is incompetent imbecile

do yo wanna know more ? 
but then i'll definitely  will be naming & shaming !!!

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Post Options Post Options   Likes (0) Likes(0)   Quote Dagwood Quote  Post ReplyReply Direct Link To This Post Posted: 08 Apr 2021 at 4:37pm
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Originally posted by kingiFiddla kingiFiddla wrote:

The consumer's contract is with the store. If the supplier is hanging the store out to twist in the breeze, that's entirely a matter for the store to sort out with the supplier and the consumer should never be told to spend more of their time contacting the supplier, who has no contract with the consumer. 

The above is my understanding but I'm having trouble locating this on the https://www.consumerprotection.govt.nz/ website.

Thanks for the feedback all - hopefully we can get it sorted as we've both enjoyed shopping there until now.
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Post Options Post Options   Likes (0) Likes(0)   Quote kingiFiddla Quote  Post ReplyReply Direct Link To This Post Posted: 08 Apr 2021 at 5:08pm
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From here that details remedies:

"

If the problem with a product is minor and can be fixed, you have three choices:

  1. Repair it free of charge.
  2. Replace it with an identical product at no extra cost.
  3. Give a full refund.

The customer must accept the remedy you choose. Think carefully before offering repairs. If these are likely to be expensive or labour intensive, perhaps it’s better to offer a replacement or full refund instead.

If you refuse, fail or take too long to address the problem, the customer can:

  • ask for their money back
  • ask you for a replacement
  • take it elsewhere to be fixed and claim repair costs back from you."
Further, the problem isn't actually minor but "serious" and as such the remedy is the customer's choice.


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Post Options Post Options   Likes (0) Likes(0)   Quote kaveman Quote  Post ReplyReply Direct Link To This Post Posted: 09 Apr 2021 at 7:21am
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Originally posted by kingiFiddla kingiFiddla wrote:

Sorry fish_fiddler, I disagree.

The consumer's contract is with the store. If the supplier is hanging the store out to twist in the breeze, that's entirely a matter for the store to sort out with the supplier and the consumer should never be told to spend more of their time contacting the supplier, who has no contract with the consumer. It strikes me as the store trying to use the public to put heat on the supplier when its none of the consumers business, at least until the store says no to a refund or replacement.

If it is indeed the case the supplier has dropped the ball, the consumer should never be exposed to that, rather a store should just own the issue, not pass the buck, and step up and resolve it.

Eight weeks is a joke, even if the consumer has other reels to fall back on. If I'm reading the CGA properly, the delays takes the right to repair away from the store and the consumer has the right to refund or replacement and should have been requesting one or the other a month ago, and certainly now, even if told the parts are two days away.

If the store doesn't play ball then I have zero issues with naming them. They then get a right of reply and every other store is no longer suspected by anyone of being the ratbag store. There are great stores that really look after consumers. Heck, I've had outstanding support from suppliers too that stepped in when a store dicked me around. I've got zero problem with singing a store's praises, just as I have no issue with singling out a store when they screw me around.



AMEN

www.kavemantackle.co.nz
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Post Options Post Options   Likes (0) Likes(0)   Quote Steps Quote  Post ReplyReply Direct Link To This Post Posted: 09 Apr 2021 at 7:52am
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The consumer's contract is with the store. If the supplier is hanging the store out to twist in the breeze, that's entirely a matter for the store to sort out with the supplier and the consumer should never be told to spend more of their time contacting the supplier, who has no contract with the consumer.

 
So correct.
 The moment the retailer who your contract is with, starts on "well the supplier..." you stop them there...
" Under G&G my contract is with you, and assessment, parts supply etc is your call, a call that has to be within the reasonable parameters of the Act"

Once they start chatting about suppliers, parts supply, send off to..  it just a red herring to get you involved/ distracted.. tell them that stuff is of no interest to you... If they persist, then its " do you have a language problem?.. do you not understand what I just told you.. I dont care"
KISS   Keep it simple.
 I product is broken, you return, they decide if replace, repair or refund.. within reasonable time.
And if that reasonable time is going to be extended because of supply of parts time... then that when they must make the choice of refund or replace.

 And KF 2nd post above Thumbs Up
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