Disputes Tribunal can hear your gripe
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