Out of box failure vs New CPA

OGroteKoning

OGroteKoning

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Hi all.

I got a K4505-Z modem yesterday and couldnt get the thing to work last night. I went back to the shop to have it looked at (after making several time-wasting phonecalls to Vodacon customer care centre).

They tested the modem and found it to work on their machines only the first time and thereafter no connection, searching for a network etc etc etc ... but no connection!

According to the new consumer protection act, faulty goods can be replaced without sending in for repairs (as I understood the act)

After some time it was reported to me that the modem seems faulty, but they can't replace the modem in the shop because the box is torn - yep I am guilty, I did not take the most care in opening he package. I was promptly referred to the section in the contract that OBF issues can only be processed if the box is in perfect condition (apart from the seal that you have to cut open - the box-opening-process was explained to me this morning).

So in essence the excuse for not replacing the modem immediately was a torn box ... Now the modem must go to a repair centre upon which the guys in the shop reckon the modem will be replaced in say 4-5 days.

I'm just throwing this out there for the guys who knows about the OBF and CPA relation. Are they taking a fat chance or are they within their rights to give me a run-around?

Looking forward to hear from you!
 
OGroteKoning said:
Hi all.

I got a K4505-Z modem yesterday and couldnt get the thing to work last night. I went back to the shop to have it looked at (after making several time-wasting phonecalls to Vodacon customer care centre).

They tested the modem and found it to work on their machines only the first time and thereafter no connection, searching for a network etc etc etc ... but no connection!

According to the new consumer protection act, faulty goods can be replaced without sending in for repairs (as I understood the act)

After some time it was reported to me that the modem seems faulty, but they can't replace the modem in the shop because the box is torn - yep I am guilty, I did not take the most care in opening he package. I was promptly referred to the section in the contract that OBF issues can only be processed if the box is in perfect condition (apart from the seal that you have to cut open - the box-opening-process was explained to me this morning).

So in essence the excuse for not replacing the modem immediately was a torn box ... Now the modem must go to a repair centre upon which the guys in the shop reckon the modem will be replaced in say 4-5 days.

I'm just throwing this out there for the guys who knows about the OBF and CPA relation. Are they taking a fat chance or are they within their rights to give me a run-around?

Looking forward to hear from you!
Click to expand...

Is an age old practice that I doubt they will drop. Sadly the way the package is handled can often be an indication if a person mistreated the product. I know this is not always the case but that is the reasoning behind it. & as such many businesses practice that. Also most suppliers won't take OBFs back if not ALL the packaging & leaflets etc are all there.
 
xrapidx said:
Why cant they give you a new one and keep the new ones box?
Click to expand...

AAAaah ... and that is what I asked too ... it is because the box has stickers on it with IMEI number, bar codes, etc specifically related to this modem. So by exchanging a box, the numbers on the modem and the numbers on the box will not be the same.
 
Venomous said:
Is an age old practice that I doubt they will drop. Sadly the way the package is handled can often be an indication if a person mistreated the product. I know this is not always the case but that is the reasoning behind it. & as such many businesses practice that. Also most suppliers won't take OBFs back if not ALL the packaging & leaflets etc are all there.
Click to expand...

Yup - I totally agree with your statement. But surely, this goes against the CPA? I mean what is the point of having "protection" and then the suppliers make the boxes from paper? Doesn't the CPA require the original packaging? Or does the CPA state that the packaging must be in perfect condition except for the broken seal?
 
OGroteKoning said:
AAAaah ... and that is what I asked too ... it is because the box has stickers on it with IMEI number, bar codes, etc specifically related to this modem. So by exchanging a box, the numbers on the modem and the numbers on the box will not be the same.
Click to expand...
Yes,

This is also more & more the case with regards to unique serial/reference numbers the suppliers/importers place on goods to identify individual products supplied by them.

If there is a contradiction they will not consider a refund/exchange for the retailer.
 
OGroteKoning said:
Yup - I totally agree with your statement. But surely, this goes against the CPA? I mean what is the point of having "protection" and then the suppliers make the boxes from paper? Doesn't the CPA require the original packaging? Or does the CPA state that the packaging must be in perfect condition except for the broken seal?
Click to expand...

I have asked about that & the CPA.

Apparently they can still do that. If you damaged the packaging & as a result damaged the item? then the warrantee is void. ultimately it still goes around/about warrantees.

You can't buy a new HDD, take it outside, drive over it & expect them to exchange it if you take it back inside.

If you bought the HDD & took it home. Opened it carefully & installed it correctly & it does not run & you then take it back with all the packaging intact then they will most likely exchange after a quick test to see if the item is faulty.
 
That is the deal between the supplier and the retailer and there must be some sort of protection for those parties. But still, a torn top flap of the box can hardly exempt them from replacing a faulty modem ... thats a "get free out of jail" card! There is no damage to the modem.
 
OGroteKoning said:
That is the deal between the supplier and the retailer and there must be some sort of protection for those parties. But still, a torn top flap of the box can hardly exempt them from replacing a faulty modem ... thats a "get free out of jail" card! There is no damage to the modem.
Click to expand...

how do they know that the modem did not get damaged when you ripped the top off. Could it have gone flying?
 
Venomous said:
how do they know that the modem did not get damaged when you ripped the top off. Could it have gone flying?
Click to expand...

Thay don't ... just as much as I don't know that this is old faulty stock ... and besides, even if you do open the box with the utmost care and drop a hard drive (your previous example) and there is no physical damage outside, then your argument can't be used.

I appreciate your views and answers Venomous, but I take care of all my belongings. I just felt done in by the whole process knowing that the only thing I did wrong was open the box in an unaproved way and by doing that I gave them an easy way out not to sort this problem out immediately.

I told them that in the event that this unit gets replaced, they will open the box on my behalf in my presence and they will test the modem prior to me walking out their store. And if it so happens that all the modems are faulty that they will cancel my contract with no cost to me.
 
What happens when you buy goods in a plastic (those hard to open ones) container.
I think that their service and the suppliers service sucks in that case and they should have replaced the item.
If your item is not fixed within 4-5 days I would say to them that they have one of two options - Name and shame on every site you know or replace.
A modem is an essential income related item and this should not be the case.
They return it to the supplier and the supplier would refix and repackage it (poor fella buying that one!)
Cheers and good luck.
 
Thanks Hemi300c. I totally agree. I will take your advice and see what happens today/tomorrow.
 
T&C do not circumvent the CPA. It is the shops problem not yours, you should have stood your ground and demanded a new one.
It is the shops problem, they obviously do not know the law. A damaged box does not void a warranty. It also does not void the CPA rules. It is the shops problem. If they have an issue with damaged boxes the sales person should have stated the fact to you. Hiding it in a six page contract or T&C document means nothing.
Lodge a formal complaint with the CPA against Vodacom.
The product does not work as advertised. The CPA is clear it must be replaced.
It is that simple.
They claim the product was brand new, brand new products work, period.
Also best place to complain is helopeter
 
SHVAK said:
T&C do not circumvent the CPA........
Click to expand...

Thanks for the infor SHVAK. I gave the outlet till today for a viable solution. I told them pretty much what you said here and opted for a cancellation of the contract. We have found common ground. The contract will be cancelled with no cost to me. I am satisfied with the outcome although it didn't come without some frustration. The people at the outlet including the owner are really bent on good service and it showed during the week. It is a pity that they also have to abide by what the network dictates.

PS: Rumour has it that Vodacon will be introducing new deals 1st May. It seems similar to those of Cell C.

That brings me to another challenge ... who will be my new data network ...
 
I would also be upset the point of the matter is the modem is faulty you are not returning it because you don't like it or it does not meet your requirments it is broken out of the box and needs to be replaced.

So who cares if the box is torn or damaged its not like they are going to resell it. I would flip out at them really I would that is unacceptable and these things are not even repairable anymore they will just get replaced anyway they are just making you wait 4 to 5 days for it now.

bad service really bad service
 
You are right killkom!! The big problem is not with the outlets - they get governed by the network. If they make a decision to the benefit of a client, then they must suck it up because the network will not budge on their "rules". So in order not to lose money, the outlets do what daddy says and therefor defend the decisions as if it was their's to make. Thus, the bad service is not at the oultet's side but rather the network. (Hope you understand what I am getting at)

I am fortunately a a VIP member at this specific outlet. And to be honest, they do take care of me. I should probably have taken a stance on Friday last week rather than today and then I would not have started this thread at all. At least there is light at the end of the "bad service" tunnel. (I just hope nobody orders more tunnel).

Maybe with more people standing up for their rights (and not only 5 days later like I did), then the CPA will come into it's own and the big bullies out there will stop their nonsense.

If you want me to, I can send a copy of the OBF "rules" which btw you sign for
 
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