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Chris The Lawyer
Chris The Lawyer, Lawyer
Category: New Zealand Law
Satisfied Customers: 22322
Experience:  37 years qualified as a lawyer; LLB, MMgt and FAMINZ.
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Purchased a inbuilt gas fireplace 2009, working on batts

Customer Question

Purchased a inbuilt gas fireplace 2009, working on batts ,fire died end of the year,changed batts next day O.K. 2010 wife diagnosed with cancer, concentrating more on health than fire but fire still dieing intermitantly, had the Fireplace Wgtn, technical expert many times,he eventually connected to power but made no difference, still kept dieing, health took over. - .2012 The fireplace Wgtn had been sold, but got hold of the Tech [,different person than original,] he employed a Newtown Firm to repair,they got a part and fire was O.K. until 2014. Contacted Fireplace Wtn who sent a Gas Repair person, he came 2 or 3 times, still dieing ,summer came, he came back in May, 2015, fire still the same intermittently dieing, He says he cannot do any more as he cannot get any info from DAVID at GREEN GAS,AUCKLAND ,he is the tech.guy for NZ, he will not supply info to help repairs.
I have a letter dated 19 August 2009 from The Fireplace Wltn [Carmen Ross Wgtn Regional Manager] Stating , As requested, I am writing to to you stating that we stand by the Cosmo SLR gas fire, if it has been as per the manufacturers instructions, then tis fire will be able to be seviced. If nobody is prepared to service this fire we will stand behind the fact.
Can I pursue Wellington Fireplace under the consumer act for repair OR REPLACEMENT.
They still sell HEATand GLO who made the Cosmo SLR .
Any help will be appreciated,
Thanks David Patten
Submitted: 1 year ago.
Category: New Zealand Law
Expert:  Chris The Lawyer replied 1 year ago.

The issue with the repairs and/or replacement is covered under the Consumer Guarantees Act. So any appliance which is sold to a domestic consumer like you is covered, because it must be fit for purpose and reliable in performance. The next issue is the normal lifespan of the appliance. Some things like a fridge can be expected to last at least 10 years. A gas fire should likely have a similar lifespan, if not longer. If the repairs continue to be temporary, as the history you describe sets out, then there may come a point where replacement is the correct remedy. You can ask both the retailer and the manufacturer to help and I would suggest start with a request for replacement. If they refuse but offer to repair, then this may be an option and you could get some extra warranty over work,. If they decline to discuss this you could make a claim to the Disputes Tribunal, for replacement.

Customer: replied 1 year ago.
Is the warranty under the consumers guarantee act, still O.K. if the retail outlet has been sold, It used to be part of the N.Z wide group but now on its own, known as the Wellington FIreplace company,
Thanks David Patten
Expert:  Chris The Lawyer replied 1 year ago.

If the retailer company is no longer is trading, then you will need to see if the group will accept liability, or claim against the manufacturer. You will need to try to identify who the retailer was when this was sold. If in fact it was part of the group then they are still liable however

Customer: replied 1 year ago.
Please clarify, in 2009 when the fireplace was purchased the Wellington fireplace was part of the nz wide group since then the Wellington fireplace has been sold and is a stand alone retail outlet, which is the one I need to contact for replacement.
Thanks David Patten
Expert:  Chris The Lawyer replied 1 year ago.

You need to contact the NZ wide group as they sold this to you. The new company would not be liable unless they adopted the maintenance contracts of the NZ group, but the national group is the one to be contacted.

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