Excellent that you've retained the paperwork from the original purchase, as you now need to go back to the retailer and request they fix the problem.
Do not be put off by any suggestions: - that you're outside the manufacturer's warranty period; or that you'll have to deal direct with the manufacturer; or you should have paid for the store's Extended Warranty Scheme they tried to sell you at the time of purchase. The store should arrange for the machine to be repaired within a reasonable time. If this is not possible, then you have the right, under the CGA, to request a replacement or full refund. Follow this link to our website for more information.
https://www.cab.org.nz/article/KB00000018
What if the store refuses to accept responsibility?
Presumably, by now, you will have seen the store manager and if you are still unsatisfied, your next step is to put your case in writing to the store headed Formal Complaint, enclosing copies of your original invoice and any other relevant material, and giving a date by which you want a reply.
At all times, retain copies of all paperwork. In the unlikely event that the store is still refusing to accept responsibility, your final recourse to pursue your rights is the Disputes Tribunal. Go to this link on our website for more details. https://www.cab.org.nz/article/KB00000029 Hopefully, you've retained copies of everything for lodging with your claim.
I believe the mechanic did a poor job of repairing my car – what are my rights?
Under the Consumer Guarantees Act, when dealing with anyone that is in that business you are guaranteed a service that is provided with reasonable care; that the work done is what was agreed with you; is completed in a reasonable time and at a reasonable price. If you think the service provided by your mechanic didn't meet any of those guarantees, you need to talk to the mechanic or the manager and give them the opportunity to resolve the problem.
If this is unsuccessful in resolving your concerns, then put your concerns in writing headed Formal Complaint and give a date by which you request a reply. If this fails to resolve your concerns, then you need to pursue your rights through the Disputes Tribunal.
A tradesman has invoiced me for work completed. His charge is way in excess of what he said it might be at the start.
It is important to be clear on the difference between a quote and an estimate. A quote is an offer to do a job at a certain price and if you accept it, you can't be charged any more unless you agreed to additional work or more expensive materials. An estimate is not a firm offer to do the job for that price, but it should be a realistic guess.
If you allow the job to proceed without accepting a fixed price, in other words on a 'charge up basis', it is still expected the final charge will be fair and reasonable. This can always be tested by getting one or more similarly qualified tradesmen to give their estimate for doing the same work. If you cannot resolve things with your tradesman, then the Disputes Tribunal may need to decide for you both.
Should I be expected to pay up front before a tradesman commences my job?
There is a risk here and you should proceed with extreme caution, as this is how many 'fly by night' so called tradespeople operate.
First, insist on checking with their previous customers. Once you establish they are bone fide operators, it might be alright to make a part payment in advance to enable the purchase of materials for the job, and even make progress payments during a large job. But as a general rule, only pay for that portion of the work that has been satisfactorily completed.
■ For more information, contact us at the Napier Citizens Advice Bureau, 126 Hastings St (above the BNZ, Napier). We have been open 9am-12.30pm weekdays during the month of June. These hours will increase in July until 4pm on Thursday and Fridays. Phone 06 8359664, call free on 0800 367 222 or email on napier@cab.org.nz. No appointment necessary. We are here to help and confidentiality is assured.
