I have a problem with a stove I bought from a nz importer. they have offered to replace item but I have to pay part and

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Customer: i have a problem with a stove I bought from a nz importer. they have offered to replace item but I have to pay part and it was not a problem of my making
JA: Have you talked to a New Zealand lawyer about this?
Customer: not yet
JA: What steps have you taken so far?
Customer: Spoke to owner of nz company that imported and sold it to me and recieved offer of replacement back from him at a cost - I said I would consider and want to make sure he should not do total replacement not partial
JA: Is there anything else the Lawyer should know before I connect you? Rest assured that they'll be able to help you.
Customer: It was Aga cooker bought about 20 years ago (they last for lifetime and more) this one was diesel motor and will be replaced with electric as the NZ importer said when I called about the problem I was having with it that they did not run well on NZ diesel. also the manufacturer in uk no longer make them to run on diesel
Answered by Chris The Lawyer in 1 hour 1 year ago
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Chris The Lawyer, Expert

Hi My name is ***** ***** I am a New Zealand lawyer based in Wellington with more than 42 years of experience. I am here to help with your questions.

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Chris The Lawyer, Expert

Under the Consumer Guarantees Act you are entitled to ask for replacement, but if you have had the use of the stove for 20 years then you have had some benefit of the use. That will be why they have asked you to pay a portion of the sale price

Customer
Thank you for that
However to replace the stove will cost me about $1500 as the old diesel system ie tank and setup will need remove. Also kitchen floor will need altered. The nz company was aware for some time that the nz diesel did not work for this stove. Stove cost about $23,000 and they want me to pay $6,000 toward replacement which is their showroom demo. Uk has stopped making diesel version
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Chris The Lawyer, Expert

There is a balance between your rights to get a replacement and the use which you have had over the last 20 years. The act does not give you full replacement unless the item is new and recently purchased. So there has to be some compromise between the full cost of replacement balanced against the use

Customer
Does the fact that he sold me a stove that would not be viable in the long term because it could not use nz diesel not alter the 20 years of use arguement?
Customer
I had communicated with the company to try and find a service engineer and they had been unhelpful a number of times before admitting the issue.
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Chris The Lawyer, Expert

How long after purchase was it before you realised it could not work on NZ diesel?

Customer
I heard doubts from another person who has a different brand. The guy I found to service it said they had problems with them in uk and then when I spoke about it to company owner told me about 2 weeks ago.
There is a gradual build up of muck I think until it finally block. But am guessing. I do not know how efficiently it was running or how well the service was done as company did not offer the required service person which I only found out would be the case after I bought. In uk there would be a qualified service person.
Customer
The oven is only on from about April till November
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Chris The Lawyer, Expert

If you think the additional charges are excessive, you could get an independent view of that through the disputes tribunal.

Customer
I guess what I am looking to get is the answer of whether I go on to disputes tribunal or if you think his offer is in line with what their judgement will be. I know they have guideline and percentages to work out outcome
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Chris The Lawyer, Expert

I think the offer is reasonable, but the problem with any court/tribunal decision is there is an element of chance whether you will do better or worse

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