DE..........

Aimihsu

whst is this got to do with indisns? he was just doing his job, you are so racist. he did not promise for free Quote or free inspection

vickiliu1974

Aimihsu 发表于 2013-8-30 17:53
whst is this got to do with indisns? he was just doing his job, you are so racist. he did not promis ...

Nothing wrong with Indians ,只不过我们中国人高喊种族歧视的时候，同时又在歧视别的民族。我认识的几个印度人同事工作卖力，也很有技能。但也有一个泥马偷懒的。华人何尝不是

天才

这个钱你是要付的，就这么简单，检查费用，出工费用，都是这种的，没有悬念

留下足迹

个人觉得上门来，没有解决实质问题，一分都不给。。。。

miaomeow

他们不会告你上法庭，但是这些公司都会交给讨债公司，对你以后信用有影响。其实他们回去，还会说，又遇到一个变态穷酸中国人不肯付钱。如果你觉得你没有错，你就把那个公司告到Tribunal看看


Consumer guarantees for services

The Consumer Guarantees Act (CGA) says that any consumer service you provide must meet four guarantees.

The guarantees are:

    The work will be carried out with reasonable care and skill
    The work will be fit for any particular purpose that the customer has told you about
    If the time for completing the work has not been agreed, the work will be carried out within a reasonable time
    If the price for the work has not been agreed, the price charged will be a reasonable price for the work done.

Guarantee of reasonable skill and care

Reasonable care and skill will be judged by looking at the care and skill used by other competent people doing the same work. Your skills should be such that you can do the job and achieve the purpose the customer wanted. You should take the same care that other competent people take to do the job well and avoid causing any damage.
Examples of a lack of skill and care

A plumber installs new guttering. The next time it rains part of the guttering falls down.
A drycleaner ruins a duvet by using the wrong method.
A painter paints over flaking paint and six months later the new paint starts to flake.
Guarantee of fitness for particular purpose

The work you do must achieve any particular result the customer wants and has told you about.

Example: John wants a drainage system that will stop his lawn from flooding every time it rains.

Example: Rita wants the paving stones in her driveway laid in a particular pattern.

You must tell the customer before you start the job if you can't guarantee that the job you do will achieve the purpose or the result they want. Otherwise you will be liable under the Act for not having achieved the desired purpose.

This guarantee applies to particular purposes that the customer has told you about. Normal purposes for the work you are doing will be covered by the guarantee that you will use reasonable care and skill.
Finishing the job in a reasonable time

This guarantee only applies if there is no agreement between you and the customer about when the job will be finished. If you have discussed when the work will be done or written it into the quote or contract then that is your agreement.

If there is no specific agreement with the customer about when the job will be completed the Act says that the work will be completed within a reasonable time. A reasonable time will be judged on the average time that would be taken by other competent people doing the same job.

Example: Elena contracts a painter to paint her house. They agree that he will start work in January. The painter does the preparation work in January. In February he only does two days work on the house. Elena can ask the painter to get on with the job as he is clearly not trying to finish the work in a reasonable time.
Charging a reasonable price

This guarantee only applies if no agreement has been made about the price. If you have given a quote or estimate, agreed an hourly rate or agreed how the price will be worked out then that is your agreement on the price.

If there is no agreement made about the price the Act says that the price you charge must be a reasonable price. A reasonable price is a price within the range of prices most other competent people would charge for the same work.

If you had no agreement with the customer about the price the customer can refuse to pay more than a reasonable price.

Example: Gary takes his washing machine to be repaired. The cost of the job is not discussed. The repairer fits a new drum and charges $150 labour costs. Gary thinks this is expensive and rings three other repairers They all say they would charge between $70 and $90. Gary tells the repairer he is only going to pay $80 for the fitting of the drum.


Managing consumer expectations
Does the customer have to specifically tell me what they want?

If the purpose they want to achieve is a normal purpose then the customer does not have to specifically state it.

Example: A customer wants a tap replaced it is obvious that they will want the tap to turn on and off and to deliver a reasonable flow of water.

Where the result wanted is less ordinary the customer must let you know exactly what they want.

Example: Rita wants a particular pattern for her paving stones she must tell you exactly how she wants it done.

Writing down exactly what you have agreed to do in a written quote or contract is a good way of avoiding any debate about what was agreed.
What if I can't be expected to know if it will work?

Sometimes it will be obvious that the customer can't expect to rely on your skill to achieve the desired result.

Example: Julie ask the painter to cut back a tree that will get in the way of the painting. The painter agrees and charges for the time it takes. The tree dies and Julie wants the painter to pay compensation. Julie knew that the painter was not a tree surgeon and that she couldn't rely on the painter having the skill to trim the tree successfully.

Sometimes you may want to tell the customer that you can't guarantee that you have the skills to do the job.

Example: Fran's car has a recurrent problem with the generator. The mechanic at her local garage has looked at it once and told her it is a job for an auto-electrician. Fran asks him to have another look at it anyway as she doesn't want to have to take the car to an auto-electrician in town. In this case the mechanic has told the customer that they may not have the specialist skills needed. Fran will not be able to claim that the work was not fit for the purpose.

If you are in a similar situation you must make it clear to your customers that you may not have the skills required.
What if the customer has chosen the cheapest option?

Sometimes the customer will ask you to use the cheapest option.

Example: Jan asks her painter to put only one topcoat on her house as she plans to sell it.

Example: Bruce is told that his radiator needs a new core. Bruce says he can't afford it and asks the garage to just solder up the leak.

In these cases the result may be less fit for its normal purpose than if the customer had been prepared to pay the extra money for the second coat of paint or the new radiator core. You may want to get the customer's agreement in writing that they have chosen the cheaper option.

Example: "we have repaired this radiator by soldering the leak as requested. In our opinion the radiator core needs replacing."

You must still guarantee the quality of the work done but clearly there will be a lower expectation on the work. You should not use wording such as "This work is not guaranteed". This could be interpreted as an attempt to contract out of the Consumer Guarantees Act.



Repair services
Repair services: the basics

When you get something repaired, you only have to pay for the work you asked for. Don’t forget to pick up your repaired item, otherwise the repairer can sell the item to pay for the repair job.

The goods being repaired may be covered by the Consumer Guarantees Act. If so you should go back to the trader to get the problem fixed for free.

Find out if the Consumer Guarantees Act applies.
Before you ask for a repair

Check out how much it will cost before you ask for a repair

Find out how much the repair will cost before you agree to it.
Write it down

You can get a formal quote or estimate from the repairer before the work starts. Or you can write down what work you want done and how much you are willing to pay for the repair.

Having information written down reduces the risk a misunderstanding. If anything does go wrong you have proof of what you asked for
You can give the repairer a price limit

If you don’t know what needs repairing but you don’t want to spend too much on a repair you can give the repairer a price limit.

For example, you want your stereo fixed by you don’t want to spend more than $100 on the repair. If you tell the repairer, then the repair can’t cost more.

If the repairer can see that it will cost more than $100 to fix the repairer should not do the work or should contact you to discuss the price.
Your rights with repairs

Repairs are a service and are covered by the Consumer Guarantees Act. You only have to pay for the work you agreed to.

Find out how the Consumer Guarantees Act applies to services.
You don’t have to pay for work that you didn’t agree to

If you are specific about what work you want done then anything else is unauthorised and you don’t have to pay for it.

For example if you ask a mechanic to just replace the brake pads on your car but the mechanic also replaces the rotors without asking you then you don’t have to pay for the extra work.

If the repairer can undo the extra work without damaging your property then they can do that.

For example if the mechanic filled your car up with petrol but you didn’t ask for that then the mechanic can siphon the same amount of petrol out
If you weren’t specific

If you have only given a general request like “please fix my car” then the mechanic could do a lot of work without you realising what the cost will be. It is better to be specific or ask the mechanic to tell you what work needs to be done and how much it will cost before the work starts.

Got a problem with a repair?

What to do if you have a problem with a repair job.

A repairer can sell your goods if you don’t pay for them
If you don’t collect and pay for your repaired item then the repairer can sell it. Repairers can hold items until they get the payment but if they don’t hear from you after two months then they can sell the item.

Before they sell them they have to give you one week’s notice. They can send you a letter if they know your address or they can put an ad in a local newspaper including:

    the name of the owner or business
    how much money is owing
    a description of the item
    the time and place of the sale
    the name of the auctioneer.

The repairer can use the money from the sale of the goods to pay for the cost of the repair and the cost of advertising and selling the item. Any extra money has to be given to the Registrar of the nearest District Court. The money is held there until you pick it up.

The law that applies in this situation is Wages Protection and Contractors' Liens Act, you can find information about it here on the  Legislation website.
What if there is a dispute about the repairs?

If you don’t want to pay the full amount for the repairs you might have trouble getting the item back from the repairer. You might not want to pay the full amount because you didn’t ask for some of the repairs, or because you don’t think the repair was good enough.

You can try negotiating a lower price with the repairer or you can agree to pay part or the full amount to get the item back and then go to the Disputes Tribunal to decide on the complaint.

See here for more information on the Disputes Tribunal.

Tell the repairer in writing that you are paying “without prejudice” which means that you do not accept the amount charged.
What if I only recently bought the item that broke?

The repair might be covered by the Consumer Guarantees Act. The shop that you bought it from may be responsible for repairing the item. You need to give the shop a chance to repair, replace or refund a minor problem before you try to get it fixed yourself.

Find out if the Consumer Guarantees Act applies.
If the repair is not good enough

Services like repairs are covered by the Consumer Guarantees Act. If the repair job isn’t good enough you can ask the repairer to fix it or to give your money back.

Find out more about how to get the problem solved under the Consumer Guarantees Act.
Top
Last updated 19 November 2010









Before you get work done
Be specific

State exactly what work or service that you want done. If you are too general about your requirements - eg, 'please fix my car' - you risk getting a huge bill because you have given the garage the go ahead to do anything to fix the car.
Put a limit

Place a limit on the amount you are prepared to pay. Tell the service provider how much you are prepared to spend on the repair. They cannot go over this amount. If it is not possible for the repair to be done within your limit the repairer should not do the work, or, after assessing the extent of repairs needed, should contact you first to discuss the likely cost.

If work done goes over your limit, then the service provider may be able to reverse the extra work. This is not always practical, however, where the work cannot be reversed without damage. In that case, the provider should not charge you for the unauthorised part of the service.
Get a quote or estimate

The best way to protect yourself against unauthorised work is to get either a quote or estimate from the company before the work is done, or put in writing your specific requirements and the amount you are willing to spend. This may reduce any misunderstanding that may arise after the work has been done.
Got a problem?

If you are billed for work that has been done which you did not authorise, you can refuse to pay that part of the bill.

If you dispute the bill but pay it anyway, you should state that you do not agree with it and will take the matter further.

In either situation, you can make a claim to the Disputes Tribunal for a decision and reimbursement of any amount in dispute.

Find out more about the Disputes Tribunal here.

花落云飘

类似事情发生过
家里面发水了，地毯淹了，保险公司送了个人来说是修地毯的，来了之后说地毯是可以揭开的，不属于保险范围，然后要收钱，说是咨询费
告诉他你要收钱找保险公司去，谁送你来你找谁要钱，然后就没有然后了

灰色夜宵

小额法庭是45快不是150 但是这件事我认为 说能修最后没修好确实是他错了 你多半是赢的
但是你千万不要撒谎 比如他没来过什么的 不然你就被动了
重点是 他说服务费的时候 有没有说过修不好也要收钱之类的话
只要没有 那么他的service 并不符合consumer guarantee 要求的fit for purpose 他说的能修好也违反了 fair trading act - false representation
你多半是赢的 一分也不要付
还有什么追债公司都是扯淡 他们是不可以处理dispute的 只能扔回给修理公司 disputed account 是不可以被放到你的credit rating里的 这是违法的

直接等他告就行了 自己不用麻烦的弄dispute tribunal

future123

vickiliu1974 发表于 2013-8-30 18:04
Nothing wrong with Indians ,只不过我们中国人高喊种族歧视的时候，同时又在歧视别的民族。我认识的几个 ...

是的,本身就是被歧时的,

笑道

灰色夜宵 发表于 2013-8-30 19:11
小额法庭是45快不是150 但是这件事我认为 说能修最后没修好确实是他错了 你多半是赢的
但是你千万不要撒谎 ...

个人觉得这个才是正解，帮LZ顶下

cqy7lvxl

你来这么久都没有听说过call out fee? 真是有点孤陋寡闻。你不知道也没有问清楚，还想在法庭上撒谎？小心被告妨碍司法公正

nasi_chilli

ling6264 发表于 2013-8-30 16:26
可惜当初我给他的名字就不是正确的，我根本不怕他bad credit

就让他送去baycorp吧，别后悔就是了

nasi_chilli

cqy7lvxl 发表于 2013-8-31 00:24
你来这么久都没有听说过call out fee? 真是有点孤陋寡闻。你不知道也没有问清楚，还想在法庭上撒谎？小心被 ...

讲得没錯。非常不觉得LZ有理。理还在那alarm工司那边。这印度人只是做他工作罷了，alarm工司通常都是Kiwi老板。真想把sky裏的racist送到herald去,让全国人民评理

skymaster

他们可能不会告你，而是直接把你的帐单送给追债公司。这会影响你的信用。
建议你提前去CAB咨询，也可以尝试找一查看一下consumer act。

ling6264

灰色夜宵 发表于 2013-8-30 19:11
小额法庭是45快不是150 但是这件事我认为 说能修最后没修好确实是他错了 你多半是赢的
但是你千万不要撒谎 ...

原来如此，谢谢大大指点

为什么大家都纠结谁会不会告谁？我觉得这钱应该付，人家确实出工了而且价格也是说的挺简单易懂没有含糊其辞阿。
讲价也是你讲的50，人家也说给你个优惠90你不同意。何必这时候再做不认帐这种丢脸的事。不管他是哪里人都不觉得LZ战理。

nz_skytower

我覺得阿三只是想騙錢而已... 如果是公司派人來修的話怎麼可能讓他來negotiate拿現金? 如果有費用, 不都會發invoice嗎?

tony293

应该是电池的问题，我们店里原来也响，和你的一样，每两分钟响一次，换了电池就好了，trademe有卖的，把你电池拆下来找型号，btw，去他妈的印度人

灰色夜宵

ling6264 发表于 2013-8-31 03:25
原来如此，谢谢大大指点

从另一个角度来说 如果他只有说 修的好是xx钱 但是没说过 修不好的情况 那么你们的修理agreement 其实就是缺乏了这一快的 跟对方公司xx规定或者以前都是怎么做的通通无关 除非在你engage他的时候你曾经同意过他们的terms and condition,  或者他说过

缺乏了这一块的话 那么就应该是双方协商 而不是直接丢出来 我认为是xx钱 7天内你得付 这个在tribunal上是站不住脚的 因为没根据了

爱国爱港

niggar是非洲黑人

会走路的人鱼

我个人觉得如果那SB来了没有修好，给$50让他滚已经很不错了。还狮子开大口要$150

天才

LZ有后续的话请UPDATE下

babyformula

nz_skytower 发表于 2013-8-31 10:39
我覺得阿三只是想騙錢而已... 如果是公司派人來修的話怎麼可能讓他來negotiate拿現金? 如果有費用, 不都會發 ...

我也觉得是。这一个细节可以作为呈堂证供。

楼主应该坐等他来告。不过不要说没有来过。

旋木悠转

阿三就会满口胡话，什么都不知道还装得跟贵族一样
坐等lz更新下文！

ftx

没有亲眼见到楼主的alarm是什么样子

我曾经在chubb工作过，楼主这种情况就描述来说非常非常的普通。原来一天能碰到好几起，都是以为是电池问题（这个也是最最常见的），然后上门一看其实是alarm烂到渣了。5年以上的alarm连大牌子都没有存货了就更别说10年了。至于calloutfee，5年前就是75+gst了。

不知道楼主找的这个alarm公司追帐如何。以前的那个是一追一个准~

TAO

Just wait and see!

dino8ielts

估计这帐单是跑不掉了 不过跟这公司的经理反映下这阿三要现金的事？？呵呵

遇见幸福

LZ要告诉印度阿三的那大段话，请问在Skykiwi上说印度人能看得懂，听得到？

pixie4me

LZ很自信，　但是讨债公司比你更自信+无赖。　

skyflyhigh

楼主牛!不过你的帐单肯定是逃不掉的。这印度人只是做他份内的活，他公司养着一班坐办公室的不是吃干饭的。做service的除非预先说明free quote，都会有caII out fee，再加Iabour，再加Part如果你愿修。他来了，(这点你不可否认，现在大部分车子都被公司装了定位系统，什么时候到什么时候走全有记录，赖不掉的)检查了，并给了方案，没人会告诉你修不好的，只是告诉你这种型号太老了，备件很难找，完全修复用同型号备件将会是天价，你愿意也行，或者便宜点换别的型号，两种方案你挑。你若两种都不用，那么这次的caII out十Iabour请付。新西兰就这样，打电话前想清楚。有钱无所谓，没钱就自己做handyman。前几天帮你报了仇，charge一印度人，去之前就知道他的机器太老修不了，我把备件价格给他看他吓一跳，都可以买台新的了，不过人家还是很爽快地付钱给公司。给你一亇tip你的报警器真的只是电池旧了，换个新的电池包你没事。虽然我不是修aIarm的，但这真的是常识啊!楼主百万生意可别裁在这小钱里，别忘了更新结果让我也知道哪里有漏洞可钻。我们很多客户是有合约的都被charge因为使用不当，虽然很生气但还得付钱，想打官司的看了合同条款都只好认裁。