Waikato Times

Disputes Tribunal can hear your gripe

- Susan Edmunds

Q. Our 51⁄2-year-old Samsung washing machine stopped working and needs $500 worth of repairs. We requested they pay under the Consumer Guarantees Act but they said they couldn’t deal with that on the phone. They did not answer my emails for a month before I said that if we didn’t hear back by the end of the week I would go to the Disputes Tribunal. They responded to say the machine was at the end of its expected life so they wouldn’t pay. We wouldn’t have bought such an expensive front-loader if we thought it would only last such a short time. Do we have a chance at reimbursem­ent?

A. In this case, I’d say it’s worth going to the Disputes Tribunal if talking to the manufactur­er doesn’t work.

The tribunal aims to hold all hearings within six weeks and it doesn’t cost a lot – $45 if you’re claiming for up to $2000. You can lodge a claim via the Disputes Tribunal website.

In the past, the tribunal has sided with the consumer in cases such as yours. In one case, a man’s fridge-freezer stopped working after seven years and the referee thought the life expectancy should have been 10.

Q. In April 2016, I had a major problem with my transmissi­on in the car. It needed to be replaced and a brand-new transmissi­on was inserted at a cost of around $4500 (plus labour). I have now lost third and fourth gear and the mechanics are advising that it will need to be replaced again. This has all been done at the car manufactur­er’s service centre. On checking if this would be covered under warranty as it didn’t seem that long ago it had been previously done, they advised that the warranty was for 50,000km or two years, whichever comes first.

So the car has travelled 36,000km and it has been two years, eight months.

I advised the service manager that time should not come into it as when the car is not in use there is no wear and tear on the transmissi­on and only mileage should be the determinin­g factor.

He is going to go back to the manufactur­er to ask them to honour the warranty all the same despite the time being past the two years. If they come back advising that they will not act under the warranty, where do I stand? My understand­ing under the Consumer Guarantees Act is that a warranty is not the be-all, and the reasonable expectatio­n of the general public is also a considerat­ion. I am sure that most reasonable expectatio­ns would be that a new transmissi­on lasts around 100,000km with good service checks, not the 36,000km that I have done.

A. I put your question to the AA, where motoring adviser Cade Wilson agrees that the law is on your side here.

‘‘It would be very unreasonab­le for a manufactur­er to not offer a remedy for a failure after only 36,000km travelled, providing general use is establishe­d, they would call it ‘goodwill’ as it falls outside their general warranty period.’’

Under the Consumer Guarantees Act, a service or repair was expected to last a reasonable amount of time.

‘‘It would be very difficult to find any mechanic who would agree that 21⁄2 years or 32,000km would be classed as a reasonable amount of time for a new transmissi­on to last – one would expect five-plus years at a minimum.

‘‘If [you are] asked to pay for the repairs, [you] may need to settle the matter in the Disputes Tribunal.’’

Do you have a personal finance or consumer question? Email susan.edmunds@stuff.co.nz

 ?? 123RF ?? A transmissi­on that fails unreasonab­ly quickly might be a matter for the Disputes Tribunal.
123RF A transmissi­on that fails unreasonab­ly quickly might be a matter for the Disputes Tribunal.

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