How Long Should a Laptop Last Under NZ Consumer Law

When a laptop or phone fails in New Zealand, the manufacturer's warranty isn't the limit. If the device has not lasted a reasonable time and is below acceptable quality, the Consumer Guarantees Act 1993 (CGA) still protects the consumer.

The CGA does not guarantee a fixed lifespan, but a 'reasonable' one

The CGA sets a higher standard than simply the time that the manufacturer’s or retailer’s warranty covers. It states that for a product to be acceptable quality, it must be:

• Fit for the purpose for which it is commonly supplied
• Of an appearance and finish that is acceptable
• Free from minor defects
• Safe and durable

These features of acceptable quality are applied to a device under the CGA regardless of how long the manufacturer's warranty is for, or if the retailer has not given a warranty at all.

When deciding whether goods are of acceptable quality, the Act asks what a reasonable consumer, fully aware of the goods' condition, would regard as acceptable, taking into account the nature of the goods, their price, any statements made about them and how they were used.

The Act does not give electronics a fixed lifespan. Consumer Protection, the government's consumer information service, says a reasonable lifespan depends on factors such as the type of product, its price and what a reasonable consumer would expect. An expensive laptop is expected to last longer than a budget one.

Warranty expiry is not the end for your claim

When a laptop or phone fails, a consumer's first thought might be to contact the manufacturer for a warranty claim. However, the product's manufacturer's warranty, extended warranty, or other store guarantee provided by the retailer does not substitute the CGA.

A warranty or store guarantee cannot limit or exclude these rights. It sits on top of them, so a claim under the Act is still possible after the warranty has run out.

Two practical points follow:

• The business that sold you the goods is responsible for any problem that occurs. You do not need to go back to the manufacturer.
• You do have to take the problem to the business first, before claiming under the Act.

The retailer - but not the manufacturer - must remedy the issue

Under the CGA, the retailer who sold the laptop or phone is responsible for putting things right, and can also be liable for reasonably foreseeable losses caused by the fault.

In practice the retailer may send the device to the manufacturer for assessment or repair, but the claim stays with the retailer. It cannot simply tell you to deal with the manufacturer.

The CGA covers goods bought from a business. Private sales, such as buying a used phone from another person online, are not covered.

Repair, replace, or refund - minor or major fault

What you are entitled to depends on how serious the fault is. If it is a failure of a substantial character, for example a laptop that is unsafe or would not have been bought had the buyer known about the fault, you choose the remedy: reject the device for a refund or replacement, or keep it and claim compensation for the drop in its value. If the fault is minor, the retailer chooses whether to repair it, replace it or refund you, and must do so within a reasonable time.

Next steps to getting compensation

Start with the retailer: explain the fault, say you are claiming under the Consumer Guarantees Act and keep a written record of what was agreed. If you cannot reach agreement, you can take the claim to the Disputes Tribunal, which hears consumer claims without lawyers.

Software is an extra step for digital devices

Since 2003 the Act has treated computer software as goods, so a laptop or phone that fails because of its built-in operating system or pre-installed software is still the seller's problem. If the manufacturer offers a fix you can use it, but the retailer remains responsible for putting things right.