Dear Kevin, We run a school and recently had a local electrician install some new fluorescent lighting in one of the classrooms. After just a couple of months, one of the lights died and we got the electrician to replace it. After doing so, he told us there would be no charge for the light because it was still under warranty, but we would have to pay for his labour in replacing it. Is this correct? Why should we be out of pocket because of a faulty product?
A simple complaint, but there are lots of tricky issues here. If the electrician supplied the lights himself he is technically the retailer and his labour should be covered under the general warranty provisions of the Consumer Guarantees Act. You would have to point out why you’re not paying for his labour and he could seek recompense from the store he purchased the lights from or the manufacturer. Remember, the Consumer Guarantees Act overrides any specific product warranty. But the Act applies just to domestic purchases and I’m not sure if a court would consider a school to be a domestic environment or a business. You’ll need a lawyer for that one, I’m afraid.
If the Consumer Guarantees Act didn’t apply to schools, you could try to find the warranty document specific to the lights. It should spell out if labour costs are part of the warranty. They might be, but tend not to be. Finally, if it was you who bought the lights and got the electrician simply to install them, you would have to pay for his labour. And that seems fair enough, doesn’t it? But overall this is complicated for something so simple. Hope my response helps.
Do you have a consumer question for Kevin? Email [email protected], or post to Weekly Consumer, PO Box 90119, Victoria St West, Auckland 1142.
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