[DUG] [Off Topic]Warranty expired

Sun Jun 17 21:16:06 NZST 2012

Leigh, unless you have actually made a business claim against the item..
either against your personal income, self-employed etc etc, then no-one can
claim its a business asset.

if you claimed GST, or were claiming depreciation, then it would be a
business asset.

I think a good example of this would be a cell phone. if you buy a personal
cell phone, and it gets used for your work, and they reimburse you for some
calls etc, or a portion of your costs, that doesn't make it a business
phone. but if you personally claimed GST, or the phone plan, or the phone
itself as an expense, or depreciable asset then the phone would become a
business asset.

Typically though, it would be up to the seller to argue or even prove this
is the case.. if you walk into any retail and buy an item off the shelf
then they have no idea if you are covered by Consumer Guarantees, or Sales
Act.

The wording is that CGA covers items normally bought or used for Household
or personal use.. even if a business buys those items it can still be
covered by CGA unlesst the seller pre-contracts out of that because they
know it will be for business use.

ie...

"The trader must specifically exclude the Consumer Guarantees Act to
contract out of it, for example “if the goods are being purchased for a
business purpose then the purchaser acknowledges that the Consumer
Guarantees Act will not apply”. If it says this then your rights will be
limited to what is in the warranty or contract."

almost no retail outlet does this.. dont know about Dell though.

On Sun, Jun 17, 2012 at 6:32 PM, Leigh Wanstead <leigh.wanstead at gmail.com>wrote:

> Hi Paul,
>
> FYI I paid the 30 inch lcd monitor under my own pocket under my name while
> I was working in SoftTech four years ago and the lcd monitor I am
> programming using Visual Studio to learn new skills i.e. mdx BI in my own
> time and at my home and also use for my photography hobby. I did not ask
> SoftTech to pay for the lcd monitor, otherwise at the time I left SoftTech,
> they would take away my lcd monitor as this would be company asset. The
> company just paid for my salary for the work I have done in the office. I
> don't think that will make the lcd monitor qualify for business, right?
>
> Regards
> Leigh
>
>
> On 17 June 2012 14:37, Paul A Norman <paul.a.norman at gmail.com> wrote:
>
>> Hi,
>>
>> I am not sure whether this was fully covered in the rest of the thread
>> (couldn't see it in a quick scan) but
>>
>>   " So under the Consumer Guarantees Act I’m confident they should
>> repair it. "
>>
>> Would not necessarily help you if you were using it for business.
>>
>> You would probably need to look under the Fair Trading Act et al, if you
>> purchased it for business. Check with a Citizens Advice bureau if you have
>> no tame lawyer in tow :)
>>
>> Paul
>>
>> On 14 June 2012 09:34, David Brennan <dugdavid at dbsolutions.co.nz> wrote:
>>
>>> Hi Leigh,****
>>>
>>> ** **
>>>
>>> You could give it a crack. I think you can make a very good case that a
>>> high quality (ie expensive) LCD monitor should last significantly longer
>>> than 3 years and should be covered at 4 years. So under the Consumer
>>> Guarantees Act I’m confident they should repair it.****
>>>
>>> ** **
>>>
>>> However your problem isn’t whether a monitor should be expected to last
>>> 4 years (it should). Your problem is likely to be that from the sounds of
>>> it you bought the monitor for a business? If so and it was paid for by a
>>> business then Dell almost certainly have a clause excluding the sale from
>>> coverage under the consumer guarantees act (which they are allowed to do).
>>> In which case you haven’t got much of a case, unless they advised you
>>> before you bought it that it would last more than 4 years which would allow
>>> you to have a go under the Fair Trading Act but I suspect that is unlikely.
>>> ****
>>>
>>> ** **
>>>
>>> Cheers,****
>>>
>>> David.****
>>>
>>> ** **
>>>
>>> ** **
>>>
>>> *From:* delphi-bounces at listserver.123.net.nz [mailto:
>>> delphi-bounces at listserver.123.net.nz] *On Behalf Of *Leigh Wanstead
>>> *Sent:* Thursday, 14 June 2012 8:54 a.m.
>>> *To:* delphi at listserver.123.net.nz
>>> *Subject:* [DUG] [Off Topic]Warranty expired****
>>>
>>> ** **
>>>
>>> Good morning,
>>>
>>> Sorry to post on this mailing list. I don't subscribe to other group and
>>> this mailing list I got lots of help for years.
>>>
>>> Here is my problem.
>>>
>>> I got a Dell 30inch lcd monitor which cost me around $2,200 four years
>>> ago. I just want to read more code on it. :-) It suddenly droped the power
>>> while writing the code this morning at 7am and can not be turned on. I make
>>> sure it is not the broken cable etc. At the time I bought it, I got three
>>> years advanced exchange warranty from dell.
>>>
>>> I read this url and talking about that I might already cover and no need
>>> to buy extended warranty.
>>> http://www.consumer.org.nz/reports/extended-warranties*
>>>
>>> *I want to know if possible to ask Dell NZ to repair the monitor for
>>> free and this dear monitor supposed to be professional product and should
>>> not go broken after four years usage.
>>>
>>> I am sure it is just some capacity of the power supply in the lcd
>>> monitor broken. I do not have the skill to repair such dear monitor myself.
>>>
>>> What is your view?
>>>
>>> Regards
>>> Leigh****
>>>
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>>
>>
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>
>
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-- 
Kyley Harris
Harris Software
+64-21-671-821
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