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Chris The Lawyer
Chris The Lawyer, Lawyer
Category: New Zealand Law
Satisfied Customers: 22816
Experience:  38 years qualified as a lawyer; LLB, MMgt and FAMINZ.
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we are a small poorly funded First Aid trust registered as

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we are a small poorly funded First Aid trust registered as a Not For Profit Charitable Trust
We (The First Aid Trust)has bought a desk top computor with hard drive (new) in October last year from the PC Factory in Whangarei.(we shopped arounf for quotes and theirs was about as good as any quote from 3 other shops including Harvey Normans. It Cost us $1000 We live rurally 1.5hrs out of whangarei. The computor has failed to work continually freezing etc since we got it We have had to take the hardrive back 7 times since Oct each time they say it is fixed and the same problems happen. In March the hard drive wouldn't re boot so they replced it (or said they did) It has continued to freeze and not perform since then . We have just reurned it for the 7th time this week. We want to get our money back and start again with another computer from somehwere else. As a Reg Not For Profit are we protected as for a private citizen or are we a "Business" and therefore not protected under CGA? What are our rights? The PC Factory just keep saying they have fixed it . We cannot keep taking it back when we are 90kms out of Whangarei. I have had several computors and all have worked perfectly from the start. The PC factory I know will be reluctant to give us our money back but that's what I want now.
Many thanks Claire Hurst email:[email protected]

christhelawyer : HiWelcome to JustAnswer. My first response will follow shortly. Please feel free to follow up if anything is not clear
christhelawyer : the Consumer Guarantees Act does not apply but nonetheless they must replace this computer, because it is not fit for purpose under the Sale of Goods Act, which does apply.
christhelawyer : You have the right to say that you want to retune the computer, and either get your money back or a replacement. Tell them if they refuse you will bring a claim in the Disputes Tribunal and force them to recognise that the computer is not fit for purpose and that you should get your money back.
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