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  1. Post
    #1

    PB Tech warranty question

    In April of 2017 our business bought 4 laptops from PB Tech. One of the laptops was having trouble and after running a scan of the SSD it revealed bad sectors.

    The laptops came with a 1 year warranty, so they're out of warranty. If I look up the SSD (Crucial MX300), it is still within it's 3 year warranty period.

    I spoke to a guy at the service desk at PB Tech and he said that as the SSD was bought as part of the laptop, the whole unit has a 1 year warranty, and the SSD's 3 year warranty does not apply. I believe he is saying that 3 year warranty only applies if you buy the SSD individually.

    Does anyone out there have any expertise in this area? Is this correct? How would you proceed? If the guy at the service desk is correct, should I just attempt to claim under the Consumer Guarantees Act?

    Thanks

  2. Post
    #2
    Interesting question, what was the laptop?

  3. Post
    #3

  4. Post
    #4
    I would have voted that being correct.

    The supplier didn't give a 3 year warranty on a subcomponent, and it was never advertised as such, but the subsupplier does. So presumably the 3 year warranty would apply, just not via the supplier.

    For example, if the steel used in the construction of the laptop body started rusting, and the steel provider sold its steel to the laptop manufacturer on the guarantee it will last 10 years, but the laptop manufacturer said nothing about this (and thus the laptop supplier didn't either), could you complain about it rusting at the 9 year mark to the laptop supplier?

    Your ability to find further information beyond the supplier doesn't change the nature of what you were guaranteed by the supplier, just gives you extra routes with other parties for further guarantee.

    So I'd say the CGA or Crucial warranty route is the more reasonable path.

  5. Post
    #5
    CGA is a path for sure. How big is the SSD and will downtime be a pain? If it's not big i'd probably just replace it (depending on type of SSD) and carry on. Given how relatively cheap SSD are. Just another option. You can fight the claim for sure, but if that takes a month potentially and your time and effort going back and forth, it might not be the best use of your time.

    1 year warranty doesn't really mean much though, a laptop is expected to last more than a year. Then after that, it likely comes down to the cost of the unit as to how much longer it should last.

  6. Post
    #6
    Good advice from you both.

    The 256GB SSD will cost a measly $50 to replace, according to Pricespy. Even less than I thought. I'll just do that!

    I was getting all indignant because of the pretty bristly response I got from PB Tech. I can't really blame the guy, it must be a tough job working the returns desk.

    I thought it was worth asking about in any case. If the defective part was more costly to replace I'd like to know where I stand.

  7. Post
    #7
    Laptops/Computers would typically be covered by the CGA(even for business use)

  8. Post
    #8
    Clone it in another system and you could be back up and running in a couple hours. You'd probably spend that long dealing with RMA, excluding the amount of time they'd take to actually resolve the issue.

    I am by no means saying you don't have a fair case for CGA, just looking at the amount of time involved in that path.

  9. Post
    #9
    https://www.pbtech.co.nz/terms

    Might be a bit difficult to do this under the CGA if PBtech knows that you bought them as a business. You could argue that a laptop is something that is normally bought for personal use.

  10. Post
    #10
    Two years is not a reasonable life for a laptop. Just quote the CGA at them, they will buckle.

  11. Post
    #11
    CGA doesnt apply to business purchases though right?

  12. Post
    #12
    LiQuid.Ace wrote:
    CGA doesnt apply to business purchases though right?
    Not true, hang on I was reading a good article the other day that cited case law.

    I'll track it down, but it basically boils down to "CGA applies to goods ordinarily intended for personal, household use" and makes no distinction as to who it can apply to.

    So a domestic printer? CGA no matter who buys it.
    Photocopier? Not so much.

    Where businesses get it wrong, though, is that yes they're covered by the CGA but no it doesn't mean that they're guaranteed to have it fixed and working the same day so that they're not losing money by not being able to work. And no they don't have to supply you a loan device in the meantime.

    The reasonable time period for resolution is on consumer terms (potentially a couple weeks), not business terms (hours, day max).

  13. Post
    #13
    This dealio, good read:
    https://www.lawlink.co.nz/article/bu...tees-act-1993/

    The Court of Appeal in Nesbit v Porter [2000] 2 NZLR 465 said the purchase of a four-wheel drive utility vehicle brought a business within the scope of the CGA. The evidence was that around 80% of buyers obtained the vehicle for commercial purposes, with about 20% being exclusively for private use. This was enough for the vehicle to be ‘ordinarily’ acquired for personal, domestic or household use – in the sense that it was not ‘out of the ordinary’.

    Each product or service will need to be considered on a case by case basis. The focus is not on what is the dominant use, but what is ordinary.

    So, for example, business purchases of laptops or computers would likely be covered by the CGA, but not purchases of commercial-scale printers or photocopiers. Many types of legal and accountancy services are likely to fall within the reach of the CGA, whereas auditing services will probably not.

  14. Post
    #14
    ah! good to know if my pc(s) every decides to die.

  15. Post
    #15
    PB Tech will probably try to fight you on the CGA route. Let us know how it goes if you have to take it to court.

    They'll try and cite their terms of service (no cover if you bought it for a business purpose) in which case you can claim that as a breach of the Fair Trading Act.

    13 False or misleading representations

    No person shall, in trade, in connection with the supply or possible supply of goods or services or with the promotion by any means of the supply or use of goods or services,

    (i) make a false or misleading representation concerning the existence, exclusion, or effect of any condition, warranty, guarantee, right, or remedy, including (to avoid doubt) in relation to any guarantee, right, or remedy available under the Consumer Guarantees Act 1993; or

  16. Post
    #16
    You can't contract out of CGA obligations, as much as they want to make you believe that.

  17. Post
    #17
    itch wrote:
    In April of 2017 our business bought 4 laptops from PB Tech. One of the laptops was having trouble and after running a scan of the SSD it revealed bad sectors.

    The laptops came with a 1 year warranty, so they're out of warranty. If I look up the SSD (Crucial MX300), it is still within it's 3 year warranty period.

    I spoke to a guy at the service desk at PB Tech and he said that as the SSD was bought as part of the laptop, the whole unit has a 1 year warranty, and the SSD's 3 year warranty does not apply. I believe he is saying that 3 year warranty only applies if you buy the SSD individually.

    Does anyone out there have any expertise in this area? Is this correct? How would you proceed? If the guy at the service desk is correct, should I just attempt to claim under the Consumer Guarantees Act?

    Thanks
    Business purchases are not covered by the CGA.

  18. Post
    #18
    Thanks for not even bothering to read the thread.

  19. Post
    #19
    dickytim wrote:
    Business purchases are not covered by the CGA.
    Username checks out.

  20. Post
    #20
    dickytim wrote:
    Business purchases are not covered by the CGA.
    Ban.

  21. Post
    #21
    itch wrote:
    I spoke to a guy at the service desk at PB Tech and he said that as the SSD was bought as part of the laptop, the whole unit has a 1 year warranty, and the SSD's 3 year warranty does not apply. I believe he is saying that 3 year warranty only applies if you buy the SSD individually.
    He is talking out of his ass. Crucial will still honor an RMA. Buy a new drive, install it and then ask PBtech to do the RMA on the busted drive they can do that at least and if they don't drop a duce on the counter.
    That way you'll have a spare.

  22. Post
    #22
    Please see exert from Consumer Protection website

    Rights of businesses under the CGA

    Businesses who sell products or services have a right to:
    •contract out (opt out) of the CGA if the products or services they sell will be used for commercial or business purposes

    https://www.consumerprotection.govt....uarantees-act/

    I wasn't strictly correct, but neither were most of you, and no I didn't read all the way down before posting, ****ing sue me.
    Last edited by dickytim; 27th May 2019 at 6:38 pm. Reason: added link.

  23. Post
    #23
    dickytim wrote:
    Please see exert from Consumer Protection website

    Rights of businesses under the CGA

    Businesses who sell products or services have a right to:
    •contract out (opt out) of the CGA if the products or services they sell will be used for commercial or business purposes

    https://www.consumerprotection.govt....uarantees-act/

    I wasn't strictly correct, but neither were most of you, and no I didn't read all the way down before posting, ****ing sue me.
    Scroll a bit further on your link:
    Contracting out of the CGA

    A retailer or supplier must not tell you the CGA does not apply, or try to get you to sign a contract saying it doesn't apply.

    The only exception is where products or services are for a business purpose and:

    -you as the buyer and the seller are in trade and agree to this
    -the agreement is in writing

    -it is fair and reasonable to do so.

    A manufacturer can contract out of the spare parts and repair facilities guarantee, but only if consumers are told this in writing before they buy the products.

    A business who tries to contract out of the CGA in any other circumstances commits an offence under the Fair Trading Act.
    Pretty sure anyone who signs a contract saying the CGA doesn't apply is aware that the CGA doesn't apply, telling them that isn't necessary, other than that, businesses are covered under the CGA as long as it's not something that's not covered under the CGA (resell, consume, not usually bought for domestic etc).

    AKA your statement only applies to people who don't need to be told that your statement applies.

  24. Post
    #24
    guess we'll wait and see the out come