Letters of the month: Leaks, misleading signs & no try-on shopping

Leaky spa

We bought a spa 3 years ago for $8,000. Recently, we noticed the spa was leaking and contacted the retailer for repairs. The recommended service provider came out and replaced an ozone check valve that was leaking. The technician noticed the tube leading to the valve was twisted and scrunched up – just shoved into the cabinet. He suggested this was the cause of the problem. The retailer paid for the parts (around $20), but we have to pay for labour ($417). We don’t think we should have to pay anything. What would your advice be?

- RAEWYN TATE

It seems beyond dispute that the valve has failed prematurely, and the costs of repair should be met by the retailer under the Consumer Guarantees Act, which requires that goods must be fit for purpose and durable. We’d suggest you point that out to the retailer.

The manufacturer reimbursed the repairer.

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Misleading sign

I went to my usual optician yesterday and was surprised to see a sign on the counter saying: “All contact lens cleaning, polishing and adjustments are at the patient’s own risk. Every care is taken by the laboratory staff to ensure an excellent result. The practice accepts no liability with these jobs.” I believe this sign is probably a breach of the Fair Trading Act (FTA) as it misleads patients about their rights under the Consumer Guarantees Act (CGA). I talked to the receptionist and two opticians, but neither seemed to see my issue. I’d like them to take the sign down – what do you think?

- MAREE GALLAGHER

The sign is misleading because the contact lens services provided must meet the standards in the CGA (that reasonable care and skill is used and that the service is fit for purpose). When those standards aren’t met, consumers may be entitled to a remedy. A customer who didn’t know this could assume, based on the sign, that there was no such protection. You might like to forward this explanation to your optician. The FTA is enforced by the Commerce Commission – you could also bring the matter to its attention.

The optician removed the sign from the practice.

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Mystery watch

This afternoon after much research I went into an appliance store to purchase a Garmin Venu Smartwatch I had seen online. I was told that due to hygiene reasons, I couldn’t look at the watch out of the box or handle it. I wanted to see the colour of the watch and strap and the size before I bought it. If I had purchased that watch today without seeing it, and wasn’t happy with the colour or size, could I return it? Is there any way I can buy a Garmin smartwatch and be able to see it first, or is this the standard thing now? I’ve never heard of this happening before.

- A MEMBER

Like you, we’ve never heard of customers being forbidden to see a watch before buying it. It sounds like a ridiculous policy, and we wonder if the refusal could have been caused by an overzealous staff member misinterpreting the company’s rules. It may be worth approaching another retailer who sells Garmin watches to see if it allows customers to view before they buy.

Your right to return a product in these circumstances would be uncertain. Faulty goods can be returned under the Consumer Guarantees Act, but not liking the colour of a product is not considered a fault. To be on the safe side, you’d need to have an agreement before you buy the watch that states it could be returned if you disliked the colour or the size.

Our member approached another retailer and was able to try on as many Garmin watches as they liked!

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Durable cylinder?

The tenants of my rental property have just noticed a leak from the hot water cylinder. Judging by the rust/brown stains around the leak area, it appears that there has been a small leak there for some time, but this wasn’t picked up by the tenants or property manager. The low-pressure cylinder was installed by my plumber in June 2018. I understand that this is just outside of its official 5-year warranty period. As it is so close to the expiry of the warranty period, should I expect them to cover the replacement of this cylinder under warranty? Please let me know how long you think a hot water cylinder should last and what would be a reasonable period of time under the Consumer Guarantees Act (CGA).

- HARRY PEARSON

We’d estimate the life expectancy of a hot water cylinder at around 10–15 years. Failure at just over 5 years could accurately be described as premature, especially for a cylinder claimed by its manufacturer to be “durable”. The fact that the cylinder’s only just out of warranty is another indication that failure has come too soon. While that doesn’t mean the warranty should be honoured, it certainly strengthens your case that the retailer who sold it to you should replace the cylinder under the CGA. If the CGA applies, all costs should be covered.

The manufacturer agreed to provide warranty cover for the cylinder only.